Delivery of Expanded Community Facilities

CPV: Building construction work · Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry · Works for complete or part construction and civil engineering work

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Works

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

19 Oct 2023, 10:04 BST

Last source update

19 Oct 2023, 10:04 BST

FTS notice number

2023/S 000-030853

Classification (CPV)

Building construction workConstruction works for plants, mining and manufacturing and for buildings relating to the oil and gas industryWorks for complete or part construction and civil engineering work

Delivery area

South East (UKJ43)

Official registry OCID

ocds-h6vhtk-040d46 Find a Tender

Why no open competition

No tenders or no suitable tenders/requests to participate in response to open procedure

Published justification

Redrow (developer) is to build houses on its land in the Ebbsfleet Valley area.

Redrow has obtained a planning permission, which imposed on them the delivery of certain community facilities on its land, the value of which was estimated to be around £3 million.

EDC, as the public corporation responsible for regeneration of the Ebbsfleet Valley area, would like to improve and enrich the Redrow community facilities for the benefit of (use/enjoyment by) the local Ebbsfleet Valley communities. The additional cost for the delivery of the "improved community facilities" is £8 million taking the total estimated works value to £11 million.

EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority.

After the completion of "improved community facilities", Redrow will pass the ownership of the improved community facilities to an independent Community Trust, managed by independent Trustees to manage maintain and operate the improved community facilities and making them available to the local residents/communities.

EDC strongly believes that because:

(a) It will not become the owner of the "improved community facilities";

(b) It is not under any statutory obligation to deliver the "improved community facilities";

(c) It does not receive any direct benefit from the delivery of the "improved community facilities";

The Funding Agreement does not amount to a public works contract, that the applicable procurement rules would apply to it.

Publisher note: EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority. EDC takes the view that because it does not receive any benefit from the delivery of the "improved community facilities", the Funding Agreement does not amount to a public works contract, which should be award in accordance with the applicable procurement rules.

• REDROW PLCAwarded supplierGB-COH: 2877315 Redrow House, St David's Park, Ewloe, Flintshire, Wales, CH5 3RX

No document links were published on the notice.