Voluntary ex ante transparency notice
This notice is covered by: Directive 2004/17/EC(Utilities)
Section I: Contracting authority/entity
I.1)Name, addresses and contact point(s)Official name: Network Rail Infrastructure Limited
National registration number: UK
Postal address: 1 Eversholt Street
Town: London
Postal code: NW1 2DN
Country: United Kingdom
For the attention of: David Clarke
E-mail: david.clarke4@networkrail.co.uk
Telephone: +44 2079047985
I.2)Type of the contracting authority
I.3)Main activityRailway services
1.4)Contract award on behalf of other contracting authorities/entitiesThe contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract
Haywards Heath Multi Storey Car Park.
II.1.2)Type of contract and location of works, place of delivery or of performanceWorks
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities/entities
II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
In 2008 Network Rail created a 50:50 joint venture property regeneration partnership with Kier (NR) Limited, its development delivery partner (‘DDP’), which was appointed following a negotiated procedure duly advertised by a contract notice published in the OJEU.
The contract notice stated that it was Network Rail's intention to enter into a long term relationship for a period of approximately 15 years.
The competitive process as advertised envisaged that the property regeneration partner (incorporated as Solum Regeneration Limited Partnership) would contract with Network Rail to take a transfer of a portfolio of sites to be developed in accordance with the objectives of Network Rail and to deliver profit to both Network Rail and the DDP as well as improving facilities for Network Rail such as delivering station developments that enhance the infrastructure through delivery of new station facilities.
Initially 8 sites were to be included in the property portfolio to be transferred to Solum Regeneration for development. It was envisaged that additional properties could later be transferred to Solum Regeneration.
One such additional site is Haywards Heath.
The regeneration at Hayward's Heath will include the construction of a multi-storey car park by Solum on land that will continue to be owned by Network Rail. The value of the works is c. 14.3 m GBP.
II.1.5)Common procurement vocabulary (CPV)45200000 Works for complete or part construction and civil engineering work, 45213000 Construction work for commercial buildings, warehouses and industrial buildings, buildings relating to transport, 45213312 Car park building construction work
II.6)Information about Government Procurement Agreement (GPA)The contract is covered by the Government Procurement Agreement (GPA): no
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Section IV: Procedure
IV.1)Type of procedure
Negotiated without publication of a contract notice / call for competition
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with art. 40(3) of Directive 2004/17/EC
Other justification for the award of the contract without prior publication of a contract notice in the OJEU
The contract falls outside the scope of application of the Directive
In 2008 Network Rail entered into a regeneration partnership as described in section II.1.4) above, which resulted in the creation of Solum Regeneration, a joint venture company 50 % owned by Network Rail. The regeneration partner was selected following a negotiated procedure duly advertised by a contract notice published in the OJEU. For the reasons described below, Network Rail considers that the works contract to be awarded to Solum Regeneration is within the scope of the original contract and does not require separate advertisement, since it does not materially change the contract entered into between Solum Regeneration and / or the DDP and Network Rail. The contract notice established a competition for the development of a portfolio initially of eight sites and it was Network Rail's stated intention to offer the joint venture further sites to purchase in the future in order to grow the venture beyond the initial sites. Haywards Heath is such an additional site. Network Rail considers that the changes to the standard development arrangements set out in Partnership Deed are not material such as to constitute a new contract. In particular:
— although it will not acquire ownership of the land, Solum Regeneration will continue to take the developer's risk since the contract is a fixed price contract and any cost overruns will be borne by Solum;
— although Network Rail will own the site of the car park throughout the construction phase, it will not take additional material risk compared with the standard arrangements under the joint venture. This is because it will enter into an agreement for lease with a car park operator (Southern Trains) before it engages Solum to construct the multi-storey car park; and the construction contract will be a fixed price contract. Accordingly it will have certainty as to cost and revenue before it lets the construction contract. Since the changes are not material, Network Rail is entitled to request Solum Regeneration to deliver the new multi-storey car park as part of the original contract without a new competitive process.
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
IV.3.2)Previous publication(s) concerning the same contract Section V: Award of contract
V.1)Date of contract award decision:
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been takenOfficial name: Solum Regeneration Limited Partnership
Postal address: Tempsford Hall, Sandy, Bedfordshire
Town: Sandy
Postal code: SG19 2BD
Country: United Kingdom
V.4)Information on value of contract
V.5)Information about subcontractingThe contract is likely to be sub-contracted: yes Value or proportion of the contract likely to be sub-contracted to third parties
Value excluding VAT 10 000 000 GBP
Section VI: Complementary information
VI.1)Information about European Union funds
VI.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice:11.4.2014