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) I.2)Type of the contracting authorityRegional or local authority
I.3)Main activityGeneral public 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
Regeneration of the London Road Industrial Estate, Newbury.
II.1.2)Type of contract and location of works, place of delivery or of performanceWorks
Main site or location of works, place of delivery or of performance: Newbury.
NUTS code UKJ11 Berkshire
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 agreement relates to the development of the London Road Industrial Estate in Newbury for the purposes of regeneration and maximizing income to the Council. The freehold of the land is owned by the Council.
This notice has been issued voluntarily. The Council believes that the agreement falls outside the scope of Directives 2004/18/EC and 2014/24/EU because (these grounds are provided in the alternative):
— The agreement is an exempt land transaction and not a ‘public works contract’ because:
(a) the agreement places no binding obligation on St Modwen to undertake any works,
(b) the Council has not specified the requirements for any works, and
(c) the Council does not exercise a decisive influence (nor indeed any influence) on the type or design of any works:
— The contract is not a ‘public services contract’,
— Any services to be provided by St Modwen are merely incidental to the main object of the agreement, namely an exempt land transaction, and
— In the event that any services had not been merely incidental to the main object of the agreement, the services would nevertheless have classified for the purposes of public procurement law, as a service concession in that St Modwen would bear the risk of providing any such services and any consideration payable to it for the provision of the same would depend upon St Modwen's exploitation of the subject-matter of the project.
II.1.5)Common procurement vocabulary (CPV)45000000 Construction work
II.6)Information about Government Procurement Agreement (GPA)The contract is covered by the Government Procurement Agreement (GPA): yes
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)Lowest offer 75 000 000 and highest offer 125 000 000 GBP
Excluding VAT
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
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
The agreement relates to the development of the London Road Industrial Estate in Newbury for the purposes of regeneration and maximizing income to the Council. The freehold of the land is owned by the Council.
This notice has been issued voluntarily. The Council believes that the agreement falls outside the scope of Directives 2004/18/EC and 2014/24/EU because (these grounds are provided in the alternative):
— The agreement is an exempt land transaction and not a ‘public works contract’ because:
(a) the agreement places no binding obligation on St Modwen to undertake any works,
(b) the Council has not specified the requirements for any works, and
(c) the Council does not exercise a decisive influence (nor indeed any influence) on the type or design of any works:
— The contract is not a ‘public services contract’,
— Any services to be provided by St Modwen are merely incidental to the main object of the agreement, namely an exempt land transaction, and
— In the event that any services had not been merely incidental to the main object of the agreement, the services would nevertheless have classified for the purposes of public procurement law, as a service concession in that St Modwen would bear the risk of providing any such services and any consideration payable to it for the provision of the same would depend upon St Modwen's exploitation of the subject-matter of the project.
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 contractno
Section V: Award of contract
Lot title: Regeneration of the London Road Industrial Estate, NewburyV.1)Date of contract award decision:11.8.2015
V.2)Information about offersNumber of offers received:1
V.3)Name and address of economic operator in favour of whom the contract award decision has been takenOfficial name: St Modwen Developments Limited
Postal address: Park Point, 17 High Street, Longbridge
Town: Birmingham
Postal code: B31 2UQ
Country: United Kingdom
V.4)Information on value of contractTotal final value of the contract:
Value: 125 000 000 GBP
V.5)Information about subcontracting
Section VI: Complementary information
VI.1)Information about European Union funds
VI.2)Additional information:
Please note that the final value of the contract is estimated to be between 75 000 000 GBP and 125 000 000 GBP.
(MT Ref: 157410).
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:11.8.2015