Works - 239979-2014

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16/07/2014    S134

United Kingdom-Solihull: Construction work

2014/S 134-239979

Voluntary ex ante transparency notice

This notice is covered by: Directive 2004/18/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Official name: Solihull MBC
Postal address: Council House, Manor Square
Town: Solihull
Postal code: B91 3QB
Country: United Kingdom
For the attention of: Procurement Team
Telephone: +44 1217046089

Internet address(es):

General address of the contracting authority/entity:

I.2)Type of the contracting authority
Regional or local authority
I.3)Main activity
General public services
1.4)Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no

Section II: Object of the contract

II.1.1)Title attributed to the contract
The Touchwood Shopping Centre Annex.
II.1.2)Type of contract and location of works, place of delivery or of performance

NUTS code UKG32 Solihull

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)
The Metropolitan Borough of Solihull intends to enter into a Development Agreement to facilitate the construction of an extension to the Touchwood Shopping Centre Solihull.
II.1.5)Common procurement vocabulary (CPV)

45000000 Construction work, 45100000 Site preparation work, 45200000 Works for complete or part construction and civil engineering work, 45210000 Building construction work, 45213111 Shopping centre construction work, 45211360 Urban development construction work, 45111291 Site-development work, 70110000 Development services of real estate, 70112000 Development of non-residential real estate

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
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The works/goods/services can be provided only by a particular tenderer for reasons that are: connected with the protection of exclusive rights
This Agreement is to be awarded in accordance with Regulation 14(1)(a)(iii) of The Public Contracts Regulations 2006 (the Regulations) which provides that, "A contracting authority may use the negotiated procedure without prior publication of a contract notice in accordance with regulation 17(3) of the Regulations in the following circumstances - when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the public contract may be awarded only to a particular economic operator" The contracting authority owns land upon which an adjoining landowner, The Lend Lease Retail Partnership ("LLRP") intends EN Standard form 15 - Voluntary ex ante transparency notice 16 / 18 to extend its existing shopping centre (Touchwood). The proposed extension is to be a high quality retail and catering led mixed use development, containing at least 9,200 sq m GIA of total floor area. The extension will be complimentary to the existing centre with pedestrian linkages to the existing shopping centre and the High Street. The extension will involve reconfiguration works to the existing shopping centre. The contracting authority supports the proposed use of its land for these purposes, which are in accordance with its up to date planning policies. The contracting authority and LLRP intend to enter into an agreement for lease, under which the development of the land will be brought about by LLRP or their agent for the purposes of erecting an extension to the existing shopping centre. The contracting authority considers that it is entitled to enter into the contact with LLRP in reliance upon the negotiated procedure without prior publication of a contract notice because LLRP as tenant and owner of a long lease of the adjoining existing Touchwood shopping centre has exclusive rights over the proposed physical link with the existing shopping centre and its service areas which are necessary for the purposes of creating an extension to the existing centre. This is because the proposed development will involve structural works to the external walls and internal areas of the existing shopping centre to create a physical extension and reconfigured internal concourse. The proposed development will also involve construction of the extension in part on land which has been leased to LLRP pursuant to such long lease, and the completed extension will rely on the existing service deck for service access to the extended shopping centre. LLRP will not cooperate, and cannot be compelled to cooperate, with any other developer for the purposes of realising this objective.
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 taken

Official name: The Lend Lease Retail Partnership
Postal address: 20 Triton Street Regent's Place
Town: London
Postal code: NW1 3BF
Country: United Kingdom

V.4)Information on value of contract
V.5)Information about subcontracting

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: