Sale of ground with a requirement to enter into a contract for the Design and Construction of 28No. homes for social rent

CPV: Construction 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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

22 Mar 2023, 08:51 GMT

Last source update

22 Mar 2023, 08:51 GMT

Authority reference

MID/23/31

FTS notice number

2023/S 000-008242

Classification (CPV)

Construction work

Delivery area

Scotland (UKM73)

Official registry OCID

ocds-h6vhtk-03b4e8 Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

In terms of Midlothian Council’s affordable housing policy, it is noted that the Shawfair area is one of the Council’s locations with highest demand. As a result the Council requires to secure land within the Shawfair area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Shawfair owned by Stewart Milne Homes fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations).

The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with Stewart Milne Homes for the construction of 28social rented homes on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Shawfair area and the scheme would not be capable of progressing.

As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by Stewart Milne Homes on the basis that (i) for technical reasons competition is absent and (ii) Stewart Milne Homes has exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Shawfair area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations.

Through this negotiated procedure, the Council has ensured that value for money has been achieved.

The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice.

Publisher note: NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=726708. (SC Ref:726708)

• Stewart Milne Homes NorthAwarded supplier Osprey House, Mosscroft Avenue, Westhill, Aberdeen, Scotland, AB32 6JQContact phoneShow contact details

No document links were published on the notice.