Services - 533255-2018

04/12/2018    S233    - - Services - Voluntary ex ante transparency notice - Negotiated procedure without a call for competition 

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

2018/S 233-533255

Voluntary ex ante transparency notice


Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Guinness Developments Ltd
30 Brock Street, Regent’s Place, London
United Kingdom
Contact person: Mike Watts
NUTS code: UKI

Internet address(es):

Main address:

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

Imperial 2 Development — Project Manager and Employer's Agent Appointment

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

A contract for the provision of project management and employer's agent services in connection with the development known as "Imperial 2", being the proposed development at Clockhouse and Access House, Bromley-by-Bow, London E3 3EA.

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: 1 000 000.00 GBP
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKI
Main site or place of performance:

Clockhouse and Access House, Bromley-by-Bow, London E3 3EA.

II.2.4)Description of the procurement:

The Contract is for the provision of project management and employer's agent services in connection with the Imperial 2 development, which is a mixed tenure housing development involving the construction of approximately 491 units.

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.1.1)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:
    • protection of exclusive rights, including intellectual property rights

The Contract is to be awarded to Arcadis LLP (Arcadis) pursuant to Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015. For the reasons set out below, the Contract can only be awarded to Arcadis for reasons connected with the protection of exclusive rights, and no reasonable alternative exists.

Arcadis were originally appointed by the previous owner of the Imperial 2 development site, Plot (Bromley by Bow) LLP, to provide project management and employer's agent services in respect of the Imperial 2 development. Guinness Developments Limited (GDL) then acquired the Imperial 2 site from Plot. It was an express condition of the terms of the site sale agreement between GDL and Plot that following completion of the sale GDL would take a novation of Arcadis' appointment from Plot. Accordingly, due to an exclusive right which Plot had (being its ownership of the site and its right to negotiate the sale of the site with such conditions as it saw fit), the Contract may only be awarded to Arcadis.

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

Imperial 2 Development — Project Manager and Employer's Agent Appointment

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
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
Arcadis House, 34 York Way, London, N1 9AB
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: 1 000 000.00 GBP
Total value of the contract/lot/concession: 1 000 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The Contracting Authority intends to 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
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
United Kingdom
VI.5)Date of dispatch of this notice: