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Royaume-Uni-Surbiton: Services de promotion immobilière
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Section I: Pouvoir adjudicateur/entité adjudicatrice
Adresse principale: https://ymcastpaulsgroup.org
Section II: Objet
Development Agreement — The Broadway, Wimbledon
A development agreement relating to the development of land and buildings at the Broadway, Wimbledon SW19.
Land and buildings at the Broadway, Wimbledon SW19.
YMCA St Paul's Group (‘YMCA’) are entering into a development agreement (‘DA’) with Thornsett Wimbledon Limited (‘Thornsett’) relating to the development of land and buildings at the Broadway, Wimbledon SW19 1NL. Pursuant to the terms of the DA the following will occur:
1) YMCA will transfer the freehold of the site on which the existing YMCA building is situated (the ‘Existing Site’) to Thornsett. The consideration for this transfer will be Thornsett's obligation to part-fund the construction of the new YMCA building on neighbouring land owned by the YMCA.
2) Thornsett will grant an interim leaseback of part of the Existing Site to YMCA.
3) Under the terms of the DA, Thornsett will be appointed to provide various development management services in relation to the construction of the new YMCA building on the neighbouring land, including assistance with planning matters and the procurement and management of the building contractor to be appointed to construct the building.
4) Thornsett will be appointed by YMCA to carry out various demolition and enabling works on the land on which the new YMCA building is to be constructed. Such appointment will be made under a separate demolition and enabling works contract to be entered into between YMCA and Thornsett.
5) YMCA will appoint the building contractor procured by Thornsett to carry out the construction of the new YMCA building. This appointment will be made under a separate form of building contract between YMCA and the building contractor which will set out the specification to which the new building must be constructed. It is intended that the new YMCA building will provide 120 residential rooms plus ancillary and community facilities.
6) Thornsett will provide a cost underwrite guarantee in relation to this building contract.
7) Once the new YMCA building has been constructed, YMCA will move from its existing building to the new building and will surrender its interest under the interim leaseback.
8) Thornsett will then carry out the new residential development on the existing site. This will comprise of the construction of approximately 136 private sale units and possibly some commercial units.
9) The DA will contain a profit sharing mechanism which will provide for a profit payment from one party to the other, depending on the profit made on the respective elements of the development (i.e. profit made on the residential development vs profit made on the development of the new YMCA building).
10) Thornsett Group plc will act as Thornsett's guarantor under the DA.
Section IV: Procédure
YMCA is of the view that the development agreement (DA) and other contractual arrangements to be entered into with Thornsett (as described in section II.2.4) fall outside the scope of the directive and Public Contracts Regulations 2015 (PCR) for the following reasons.
1) The freehold transfer of the existing site (together with the interim leaseback) is a land transaction so is exempt from the PCR by virtue of regulation 10(1)(a) of the PCR.
2) The terms of the DA will not place Thornsett under any positive obligation to carry out the development works on the existing site or the construction of the new YMCA building on the neighbouring land. The DA will place Thornsett under an obligation to provide various development management services (including assistance with planning matters and the procurement and management of the building contractor to be appointed to construct the new YMCA building) but the consideration payable to Thornsett for this under the DA is estimated to be below the GBP 189 330 PCR services threshold. This is because it is estimated that more profit will be made on the residential development than on the development of the new YMCA building, hence a profit payment will be due from Thornsett to YMCA under the profit sharing provision of the DA, rather than from YMCA to Thornsett.
3) The amount payable by YMCA to Thornsett under the separate demolition and enabling works contract referred to in point 4 in section II.2.4) will be below the GBP 4 733 252 PCR works threshold, hence that contract will not be subject to the PCR.
4) The building contract for the construction of the new YMCA building will be procured in accordance with the PCR (either under a compliant framework agreement or following a separate procurement process). Thornsett will conduct this procurement process on YMCA's behalf as part of the services it is required to provide under the DA and YMCA will enter into the building contract directly with the selected building contractor.
5) As noted above, the DA will not place Thornsett under any positive obligation to carry out the development works on the existing site, nor will it place Thornsett under an obligation to carry out any such works it chooses to carry out to any specification prescribed by YMCA.
Section V: Attribution du marché/de la concession
Section VI: Renseignements complémentaires
The contracting authority intends to enter into the contract following a minimum 10 day calendar day standstill period starting on the day after this notice is published in the Official Journal of the European Union. The Public Contracts Regulations 2015 (SI 2015 No 102) (as amended) (the Regulations) provide for aggrieved parties who have been harmed or who are at risk of harm by a breach of the Regulations to bring proceedings in the High Court. Any such proceedings must be brought within the limitation period specified by the Regulations according to the remedy sought.
In accordance with Part 3 of the Public Contracts Regulations 2015.