474 Cowley Road, Oxford, OX4 2DP

Decision to award the contract directly to the Supplier in accordance with the justification contained in Schedule 5, paragraph 5 of the Procurement Act 2023, on the basis that the following conditions are met:

" (a) due to a particular supplier having intellectual property rights or other exclusive rights, only that supplier can supply the goods, services or works required, and

(b) there are no reasonable alternatives to those goods, services or works."

Condition (a) is met because:

(1) the Supplier owns the freehold in the land which is subject to the proposed development and therefore possesses exclusive proprietary rights in the land; and

The site was formerly occupied by a timber yard and was marketed on the open market by the previous owner, the Order of St John, through Jones Lang LaSalle real estate company. Following this process, Cantay Estates Ltd successfully secured the site through an unconditional offer and now controls the development opportunity. As a result, Cantay Estates Ltd is the only party capable of bringing forward development on this specific site.

(2) the Supplier has firmly indicated that the proposed development could only be carried out by the Supplier and therefore only it can supply the works involved in completing the proposed development.

Condition (b) is met because the Council has explored all potential alternatives to the works involved in the proposed development, as detailed below, but has not been able to identify a reasonable alternative.