Nursery · UK public procurement notice

Official notice

Authority: Dartford and Gravesham NHS Trust (Central government)

ServicesAward procedure without prior publication of a call for competition

Sectors: Health & Social Care (85) Delivery: South East (UKJ4)

Awarded value£5,000,000published contract · exc. VAT

Awarded 26 Mar 2025no call for competition

Awarded to Bright Horizons

What is being bought

Published requirement description

Dartford and Gravesham NHS Trust (the Trust) intends to enter into arrangements with [Bright Horizons] (the Operator) to grant the Operator a lease of land at the Darent Valley Hospital (the Hospital) to enable the Operator to construct and operate a nursery which staff at the Hospital will be able to use. The documents to be entered into by the Trust comprise Heads of Terms, an Agreement for Lease and a Lease.

CPV: Child daycare services

The lotProcurement structure

single lot · no lot value published

Lot #1The Trust intends to enter into (1) the Heads of Terms and (2) the Agreement for…

The Trust intends to enter into (1) the Heads of Terms and (2) the Agreement for Lease, which provides the Operator with the option to construct a nursery on the Site. In the event that it does so, following completion of the nursery, the Trust will grant the Operator a Lease of the Site. The arrangements are a land deal and do not amount to a public works contract or a works concession contract for the purposes of the Public Contracts Regulations 2015 (the PCR), the Concession Contracts Regulations 2016 (the CCR) or the Procurement Act 2023 (the Act). Additional information: The Trust identified the Operator following a competitive process, which was carried out outside the PCR, CCR and Act, which provided market operators within the sector with the opportunity to submit proposals to be granted a lease of the Site that would permit operation of a nursery. The Trust proposes to enter into the Heads of Terms, followed by an Agreement for Lease in respect of the Site. The Agreement for Lease will contain break rights in favour of the Trust in the event that the Operator opts not to exercise its right to develop a nursery at the Site. Where the Operator chooses to exercise its rights to develop a nursery at the Site, the Trust will grant a Lease of the Site to the Operator following completion of the relevant works. The Operator is under no obligation to undertake development at the Site. No public contract arises due to a lack of enforceable obligation. The Lease will contain tenant covenants which limit the permitted use of the Site to nursery facilities and requirements to ensure that any buildings are constructed and maintained in line with statutory requirements and that any nursery services are carried out in line with statutory requirements and in a way that does not obstruct the wider operation of the Hospital. These obligations are consistent with the grant of a lease to permit development and operation of facilities on a live hospital site. The Trust is not specifying requirements for the nursery if constructed, or providing any guarantee that staff will use the nursery’s services if constructed and there is no enforceable obligation on the Operator to deliver the nursery. As such, no public contract or concession contract arises under the PCR, CCR or Procurement Act. The Trust will not enter into any contract or agreement with [Bright Horizons] before the expiry of the 10 day standstill period following publication of this notice.

Delivery: South East · Dartford and Gravesham NHS Trust

Procedure terms & legal framework

From the official record

Procedure method: Award procedure without prior publication of a call for competition
Legal basis: CELEX · 32014L0023 Concession Contracts Regulations 2016 (Directive 2014/23/EU)
Procurement category: Services
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: Yes (GPA)
Recurring procurement: Unspecified in notice
First published: 28 Mar 2025, 11:47 GMT
Last source update: 28 Mar 2025, 11:47 GMT
Authority reference: Nursery Service Provision DGT
FTS notice number: 2025/S 000-011738
Classification (CPV): Child daycare services
Delivery area: South East (UKJ4)
Official registry OCID: ocds-h6vhtk-04f9f7 Find a Tender

Why no open competition: No applications, no tenders or no suitable tenders/applications in response to a prior concession award procedure
Published justification: The Trust proposes to enter into the Heads of Terms, followed by an Agreement for Lease in respect of the Site. These provide for the creation of land interests, which are exempt under the PCR, CCR and Procurement Act. The Agreement for Lease will contain break rights in favour of the Trust in the event that the Operator opts not to exercise its right to develop a nursery at the Site. Where the Operator chooses to exercise its rights to develop a nursery at the Site, the Trust will grant a Lease of the Site to the Operator following completion of the relevant works. The Operator is under no obligation to undertake development at the Site. No public contract arises due to a lack of enforceable obligation. The Lease will contain tenant covenants which limit the permitted use of the Site to nursery facilities and requirements to ensure that any buildings are constructed and maintained in line with statutory requirements and that any nursery services are carried out in line with statutory requirements and in a way that does not obstruct the wider operation of the Hospital. These obligations are consistent with the grant of a lease to permit development and operation of facilities on a live hospital site. The Trust is not specifying requirements for the nursery if constructed, or providing any guarantee that staff will use the nursery’s services if constructed and there is no enforceable obligation on the Operator to deliver the nursery. As such, no public contract or concession contract arises under the PCR, CCR or Procurement Act.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Awards 1

Awarded value £5,000,0001 contract exc. VAT

Contracts signed 1latest 26 Mar 2025

Awarded to	Value	Date	Status
Bright Horizons	£5,000,000 †	—	Awarded

Contracts

Contract 011738-2025-1 · Bright Horizons
Signed
26 Mar 2025
Value
£5,000,000
Status
active

Contracting authority & participating public bodies

Dartford and Gravesham NHS Trust

Contracting authorityCentral GovernmentMinistry or any other national or federal authority, including their regional or local subdivisionsHealth Darent Valley Hospital Darenth Wood Road, Dartford, London, DA2 8DAContact name, email, phone

Dispute resolution & review bodies

The High CourtReview body London

Bidders & participating suppliers

1 commercial party on the notice

Bright HorizonsAwarded supplier02282203 2 Crown Court, Crown Way, Rushden, Northamptonshire, Northamptonshire, UK, NN10 6BS

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.