Services - 63354-2019

08/02/2019    S28    - - Services - Voluntary ex ante transparency notice - Negotiated procedure without a call for competition 

United Kingdom-London: Commercial property management services

2019/S 028-063354

Voluntary ex ante transparency notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Peabody Trust
Minster Court, 45–47 Westminster Bridge Road
London
SE1 7JB
United Kingdom
Contact person: Reena Nijjar
Telephone: +44 2038284233
E-mail: reena.nijjar@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:

Fish Island Village — Management Agreement

II.1.2)Main CPV code
70332200
II.1.3)Type of contract
Services
II.1.4)Short description:

A Management Agreement for the provision of various project management, marketing and property management services in respect of ground floor commercial premises at Peabody's Fish Island Village development in London.

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: 4 500 000.00 GBP
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKI
Main site or place of performance:

London.

II.2.4)Description of the procurement:

The Management Agreement is for the provision of various project management, marketing and property management services in respect of ground floor commercial premises across the following elements of Peabody's Fish Island Village development in London:

— Monier Road,

— Block B,

— Block C,

— Block D,

— Block E,

— Block F,

— Block G,

— Block H,

— Block K,

— Block L.

Under the Management Agreement the service provider will be required to provide the following services in respect of the commercial premises covered by the agreement:

(a) continued delivery of an ERDF-backed business support programme,

(b) continued design and project management activities in preparation for fitting out the commercial premises as workspaces,

(c) continued marketing activities to build market awareness and a tenant pipeline for the commercial premises,

(d) commercial property agency work.

II.2.5)Award criteria
Cost criterion - Name: Price / Weighting: 100
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

The Management Agreement will be for an initial term of 15 years, with a provision to extend (by agreement between the parties) for a further period of 10 years.

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:
    • protection of exclusive rights, including intellectual property rights
Explanation:

The Management Agreement is to be awarded to the Trampery Fish Island Village Limited (the Trampery) pursuant to Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015 (the Regulations). For the reasons set out below, the Management Agreement can only be awarded to the Trampery for reasons connected with the protection of exclusive rights, and no reasonable alternative or substitute exists.

On 23.12.2015 Peabody Enterprises Limited (PEL) entered into an Agreement for Lease with the Trampery pursuant to which PEL were to grant the Trampery a lease of the commercial premises at the FishIsland Village development. The Trampery would then operate its business from the premises and pay PEL an element of the profit it generated pursuant to the terms of a Profit Share Agreement which the parties were required to enter into on the grant of the lease. The Agreement for Lease was not tendered in accordance with the Regulations as it was considered to be an agreement for the disposal of an interest in land rather than a public works or services contract for the purposes of the Regulations. On 5.4.2017 PEL assigned its interest in the Agreement for Lease to Peabody Trust (Peabody). Due to market changes it has now been decided that the Trampery will relinquish its right under the Agreement for Lease to be granted a lease of the premises, and Peabody will instead enter into the Management Agreement with the Trampery under which the Trampery will be required to provide the services described in this notice in return for the payment of a monthly management fee.

Peabody is of the view that the Management Agreement can only be awarded to the Trampery in this case due to the pre-existing arrangements and rights that the Trampery has under the Agreement for Lease — namely, the right to be granted the lease of the premises. No “reasonable alternative or substitute” exists because the Trampery will not agree to relinquish its rights under the Agreement for Lease unless Peabody agrees to enter into the Management Agreement with it for the provision of the services. The absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. When PEL and the Trampery entered into the Agreement for Lease originally it was not their intention that the approach would be altered later down the line and that a Management Agreement would be entered into instead of a lease. Accordingly, the parties have not acted "artificially" with the intention of avoiding the application of the Regulations.

Accordingly, Peabody is of the view that the exemption under Regulation 32(2)(b)(iii) of the Regulations applies to the award of the Management Agreement to the Trampery in this case.

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

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
05/02/2019
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
The Trampery Fish Island Village Limited
09721500
239 Old Street
London
EC1V 9 EY
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)
Total value of the contract/lot/concession: 4 500 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The Contracting Authority intends to enter into the Management Agreement 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.

To view this notice, please click here:

https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=368171789

GO Reference: GO-201926-PRO-14024549

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
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
06/02/2019