Works - 60373-2018

09/02/2018    S28    - - Works - Voluntary ex ante transparency notice - Contract award without prior publication 

United Kingdom-Milton Keynes: Car park building construction work

2018/S 028-060373

Voluntary ex ante transparency notice

Works

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Milton Keynes Council
Civic Offices, 1 Saxon Gate East
Milton Keynes
MK9 3HG
United Kingdom
Telephone: +44 1908691691
E-mail: contracts@milton-keynes.gov.uk
NUTS code: UKJ12

Internet address(es):

Main address: http://www.milton-keynes.gov.uk

Address of the buyer profile: https://www.mytenders.co.uk/search/Search_AuthProfile.aspx?ID=AA1186

I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Disposal of the Car Park at the Agora Shopping Centre Wolverton

Reference number: CU2622
II.1.2)Main CPV code
45213312
II.1.3)Type of contract
Works
II.1.4)Short description:

Disposal by the authority of the car park at the Agora Shopping Centre, Wolverton, Milton Keynes MK12 5JD, by way of freehold transfer, with simultaneous leaseback by the purchaser from which the authority would grant to the purchaser a building sublease (or license).

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 100 000.00 GBP
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKJ12
Main site or place of performance:

Wolverton Milton Keynes UK.

II.2.4)Description of the procurement:

Disposal by the authority of the relevant site by way of freehold transfer, with simultaneous leaseback by the purchaser from which the authority would grant to the purchaser a building sublease (or licence). Such disposal would oblige the purchaser to carry out development works as part of a wider regeneration project. The cost to the purchaser of such wider regeneration potentially has a value which exceeds the threshold for contracts governed by the public contracts regulations 2015. To the extent that the disposal by the authority represents a public contract for the purposes of the public contracts regulations 2015, it would be awarded by means of the negotiated procedure without prior publication.

II.2.5)Award criteria
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The disposal of the relevant site has not been completed by the authority at the date of this voluntary ex ante transparency notice. All values stated in this voluntary ex ante transparency notice are provisional.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

The authority's adopted Core Strategy supports the regeneration of Wolverton Town Centre, and the Wolverton Town Centre Neighbourhood Plan identifies the Agora site and the adjacent car park as a priority redevelopment opportunity. Leyland Holding Company Limited owns the Agora Shopping Centre. The car park is owned by the authority and is the subject of a lease in favour of Leyland Holding Company Limited. The purchaser of the car park has signed an exclusivity agreement to purchase the Agora Shopping Centre from Leyland Holdings Company Limited. As the purchaser holds the benefit of an exclusivity agreement to purchase the Agora Shopping Centre from Leyland Holdings Company Limited, the disposal of the car park by the authority as described above to secure the authority's priority of delivery of regeneration in Wolverton can only be to the purchaser: as envisaged by regulation 32(2)(b)(ii) of the public contracts regulations 2015, competition is absent for technical reasons; no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

Section V: Award of contract/concession

Contract No: CU2622
V.2)Award of contract/concession
V.2.1)Date of contract award decision:
19/12/2017
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Towndev Ltd trading as Town
9273709
Impact Hub Kings Cross
34b York Way London
N1 9AB
United Kingdom
NUTS code: UKI
The contractor/concessionaire will be an SME: yes
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 100 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The disposal of 100 000 GBP represents an undervalue of 864 000 GBP. The authority can lawfully dispose of estates or interests it holds in land at an undervalue of no more than 2 000 000 GBP if it can rely on the general consent order made under s.123 Local Government Act 1972. The conditions attached to the proposed disposal are prepared to facilitate such reliance.

(MT Ref:207690).

VI.4)Procedures for review
VI.4.1)Review body
Milton Keynes Council
Civic Offices, 1 Saxon Gate East
Milton Keynes
MK9 3HG
United Kingdom
Telephone: +44 1908691691

Internet address: http://www.milton-keynes.gov.uk

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
08/02/2018