Services - 433941-2016

09/12/2016    S238    - - Services - Voluntary ex ante transparency notice - Negotiated procedure without a call for competition 

United Kingdom-London: Architectural, construction, engineering and inspection services

2016/S 238-433941

Voluntary ex ante transparency notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Peabody Enterprises Limited
45 Westminster Bridge Road
London
SE1 7JB
United Kingdom
Contact person: Jake Brodetsky
E-mail: Jake.Brodetsky@peabody.org.uk
NUTS code: UKI

Internet address(es):

Main address: www.peabody.org.uk

I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
Housing and community amenities

Section II: Object

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

Neptune Wharf, Monier Road & Lea Bridge Road — JV Supervisor and Contract Administrator.

II.1.2)Main CPV code
71000000
II.1.3)Type of contract
Services
II.1.4)Short description:

A Contract for the provision of contract administration and supervision services in connection with a development at the Neptune Wharf and Monier Road sites comprising of the construction of 580 residential units, circa 50 000 sqft of commercial space and associated works, and a development at the Lea Bridge Road site comprising of the construction of 300 residential units and circa 2 000 m² of commercial and non-residential space.

Peabody Enterprises Limited (acting through its wholly owned subsidiary Peabody (Services) Limited) and Hill Residential Limited will jointly enter into the Contract with the consultant named in section V.2.3).

Under the Contract the consultant will (i) act as PEL's contract administrator in relation to the Neptune Wharf / Monier Rd building contract; (ii) act as HRL's contract administrator in relation to the Lea Bridge Rd building contract and (iii) supervise the operation of the joint venture agreement between PEL and HRL relating to the developments.

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: 1 108 500.00 GBP
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
71500000
71520000
II.2.3)Place of performance
NUTS code: UKI
Main site or place of performance:

Neptune Wharf, Wyke Road, London, E3 2PL & 105 and 115 Monier Road, London, E3 2PS,

97 Lea Bridge Road, London, E10 7QL.

II.2.4)Description of the procurement:

A Contract for the provision of contract administration and supervision services in connection with a development at the Neptune Wharf and Monier Road sites comprising of the construction of 580 residential units, circa 50 000 sqft of commercial space and associated works, and a development at the Lea Bridge Road site comprising of the construction of 300 residential units and circa 2 000 m² of commercial & non-residential space.

Peabody Enterprises Limited (acting through its wholly owned subsidiary Peabody (Services) Limited) and Hill Residential Limited will jointly enter into the Contract with the consultant named in section V.2.3).

Under the Contract the consultant will (i) act as PEL's contract administrator in relation to the Neptune Wharf / Monier Rd building contract; (ii) act as HRL's contract administrator in relation to the Lea Bridge Rd building contract and (iii) supervise the operation of the joint venture agreement between PEL and HRL relating to the developments.

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

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Negotiated procedure without prior publication
  • The works, supplies or services can be provided only by a particular economic operator for the following reason:
    • absence of competition for technical reasons
Explanation:

The Contract is to be awarded to Arcadis LLP pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (the Regulations). Peabody Enterprises Limited (PEL) is of the view that the Contract can only be awarded to Arcadis because competition is absent for technical reasons.

PEL (acting through its wholly owned subsidiary Peabody (Services) Limited) and Hill Residential Limited (HRL) will jointly enter into the Contract with Arcadis.

The Neptune Wharf / Monier Road and Lea Bridge Road developments to which the Contract relates are being carried out as part of a joint venture agreement between PEL and its developer partner, HRL. Under the terms of the Contract Arcadis will be required to provide various supervision services in respect of this JV, in addition to acting as PEL's contract administrator in relation to the Neptune Wharf / Monier Rd building contract and HRL's contract administrator in relation to the Lea Bridge Road building contract. Arcadis has extensive and unparalleled experience of performing this role on a number of other very similar joint venture projects in the housing sector. Arcadis also has extensive knowledge of the Neptune Wharf / Monier Road and Lea Bridge Road sites and of the proposed developments, and is able to offer an extremely competitive price for the services together with commercially advantageous terms and conditions.

PEL is therefore of the view that if it were to seek to procure the Contract in accordance with the Regulations competition would be absent for technical reasons because no consultant in the market would realistically be able to compete with Arcadis' offering for the Contract due to Arcadis' unparalleled experience of joint venture projects of this nature, its knowledge of the sites and of the developments and the competitive price and commercially advantageous terms and conditions that it is able to offer for the services.

In addition, HRL have confirmed that they will not be prepared to enter into the Contract on a ‘joint client’ basis unless Arcadis is the consultant that is appointed to provide the services. Accordingly, PEL is not in a position to put the Contract out to tender in any event.

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: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

Section V: Award of contract/concession

Contract No: 1
Title:

Neptune Wharf, Monier Road and Lea Bridge Road — JV Supervisor and Contract Administrator

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
08/12/2016
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
Arcadis LLP
OC368843
Arcadis House, 34 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)
Initial estimated total value of the contract/lot/concession: 1 108 500.00 GBP
Total value of the contract/lot/concession: 1 108 500.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The Contracting Authority will enter into this 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.

VI.4)Procedures for review
VI.4.1)Review body
High Court
The Strand
London
United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

In accordance with Part 3 of the Public Contracts Regulations 2015.

VI.4.4)Service from which information about the review procedure may be obtained
Crown Commercial Service
London
United Kingdom
VI.5)Date of dispatch of this notice:
08/12/2016