Find a TenderAwarded without competition
Published 22 Mar 2021, 10:22 GMT

Official UK procurement notice

Basildon University Hospital main entrance and retail facility

Official notice

Authority: Mid and South Essex NHS Foundation Trust (Central government)

WorksAward procedure without prior publication of a call for competition
Budget not disclosedValue not published
Awarded 22 Mar 2021no call for competition
Awarded to Noviniti Dev Co 8 Ltd

What is being bought

Published requirement description

IV Mid and South Essex NHS Foundation Trust ("MSEFT") intends to enter into an option agreement and ground lease with Noviniti Dev Co 8 Ltd ("Noviniti") in respect of a new main entrance and retail development at Basildon University Hospital, Basildon ("the Hospital"). MSEFT has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015.

CPV: Construction work · Construction work for buildings relating to health · Entrance hall construction work · Hospital facilities construction work · Retail trade services

The lotProcurement structure

single lot · no lot value published
Lot #1MSEFT intends to enter into an option agreement and Ground Lease with Noviniti in…

MSEFT intends to enter into an option agreement and Ground Lease with Noviniti in respect of a new main entrance and retail development at the Hospital. MSEFT has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015.

Delivery: East of England

Procedure terms & legal framework

From the official record
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Works
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Unspecified in notice
Recurring procurement
Unspecified in notice
First published
22 Mar 2021, 10:22 GMT
Last source update
22 Mar 2021, 10:22 GMT
Authority reference
CA7723
FTS notice number
2021/S 000-005723
Classification (CPV)
Construction workConstruction work for buildings relating to healthEntrance hall construction workHospital facilities construction workRetail trade services
Delivery area
East of England (UKH37)
Official registry OCID
ocds-h6vhtk-029dcc Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

The subject of this notice is an agreement to be entered into between MSEFT and Noviniti for the grant of an option entitling Noviniti to call for the grant of a 35 years Ground Lease of part of MSEFT's freehold land at the Hospital.

The area which will be subject to the option is defined within the option agreement and the option period will run for an initial period of 39 weeks (subject to extension).

MSEFT has had valuation advice and will grant the Ground Lease at a premium which reflects market value.

If Noviniti exercises the option and calls for the grant of the Ground Lease that Ground Lease will be for a period

of up to 35 years. The Ground Lease is subject to break clauses in favour of MSEFT after 2 years and again at an agreed date reflecting the 30th anniversary of practical completion of the Potential Development (as defined below) by Noviniti.

The Ground Lease anticipates that Noviniti may choose (but with no obligation to do so) to undertake a Permitted Alteration (in accordance with a Licence for Alterations that may be entered into) of a building extension at the Hospital for retail and ancillary uses (the "Potential Development").

The detail of the Potential Development will have been agreed between MSEFT and Noviniti prior to the grant of the option agreement. MSEFT has a right to terminate the Ground Lease if Noviniti has not commenced the works comprising the Potential Development by the date 2 years after the date of the Ground Lease.

MSEFT will have obligations to use reasonable endeavours to assist Noviniti in dealing with matters relating to the planning permission for the Potential Development including entering into third party agreements necessary to facilitate the Potential Development.

The exercise of the option by Noviniti to call for the Ground Lease does not trigger any obligation on Noviniti to undertake or on MSEFT to procure the Potential Development. If Noviniti decides to undertake the Potential Development, (and if MSEFT subsequently so decides) Noviniti and MSEFT may enter into an agreement for lease. The agreement for underlease would allow Noviniti to grant an underlease of the completed development to a third party operator for part of the term of the Ground Lease and a reversionary underlease to MSEFT for the remainder of the term of the Ground Lease. If that agreement is reached MSEFT anticipates that MSEFT, Noviniti and any third party operator will enter into further documents including the agreement for lease, a licence for alterations and underleases of the completed development.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Contracts signed 1latest 22 Mar 2021
Awarded toValueDateStatus
Noviniti Dev Co 8 Ltd——Awarded

Contracts

Bid statistics published by the authority

LotBidsSMEVCSEValid bid range
MSEFT intends to enter into an option agreement and Ground Lease with Noviniti in…———£6,500,000 – £8,000,000
Whole notice———£6,500,000 – £8,000,000

Contracting authority & participating public bodies

Mid and South Essex NHS Foundation Trust

Contracting authorityCentral GovernmentBody governed by public lawHealth Nethermayne, Basildon, East of England, SS165NLContact name, email, phone

Dispute resolution & review bodies

  • Royal Courts of JusticeReview body London

Bidders & participating suppliers

1 commercial party on the notice
  • Noviniti Dev Co 8 LtdAwarded supplier The Stables, Churchfield Farm, Harley Way, Peterborough, UK, PE8 5AUContact email

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.