Section one: Contracting authority/entity
one.1) Name and addresses
Loughborough University
Epinal Way
Loughborough
LE11 3TU
Contact
Mark Chester
Telephone
+44 1509228186
Country
United Kingdom
Region code
UKF2 - Leicestershire, Rutland and Northamptonshire
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Education
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Project Texas
Reference number
LU00958
two.1.2) Main CPV code
- 70000000 - Real estate services
two.1.3) Type of contract
Services
two.1.4) Short description
The University proposes entering into an agreement for lease with Stoford Loughborough Limited (“Stoford”) that will, subject to the satisfaction of certain conditions precedent, result in the grant of a long lease by the University of a site owned by the University (“the site”) to a lessee nominated by Stoford (“the lessee”). Stoford proposes to commission the construction by a building contractor for the lessee of a new advanced manufacturing facility on the site, along with site specific infrastructure, which the lessee will sub-lease to an occupier (“the sub-lessee”). The building contractor will also provide certain infrastructure works on land owned by the University adjacent to the site, comprising a new roundabout, spine road and drainage, which will be owned by the University.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £4,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 70112000 - Development of non-residential real estate
- 70120000 - Buying and selling of real estate
two.2.3) Place of performance
NUTS codes
- UKF2 - Leicestershire, Rutland and Northamptonshire
Main site or place of performance
Leicestershire, Rutland and Northamptonshire
two.2.4) Description of the procurement
The University is to enter into an agreement for lease with Stoford Loughborough Limited (“Stoford”) in respect of land located at the University’s Science and Enterprise Park. The agreement for lease provides for the grant of a 150-year lease to the lessee subject to conditions precedent including, amongst others, the obtaining of planning permission and Stoford entering into an agreement with the lessee whereby the lessee will accept the lease for agreed purposes. These are that Stoford will oversee the construction for the lessee by a building contractor of a new building comprising manufacturing, warehousing, offices, clean room facilities and site-specific infrastructure which will be sub-leased by the lessee to the sub-lessee pursuant to separate arrangements. To allow the new facility to be developed, occupied and accessed, infrastructure (roundabout, spine road and drainage) will be provided on separate land which will continue be owned and occupied by the University.
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
The transaction outlined will result in infrastructure works being constructed on land owned by the University. However, the University considers that the transaction does not, for that reason, constitute a public works contracts within the scope of the regulations. First, it is assumed for the purposes of publication of this Notice that the University is a contracting authority which is bound to comply with the regulations. However, the University reserves its position on that issue. Second, the main subject matter of the transaction from the point of view of the University is the disposal of a parcel of its land at the Science and Enterprise Park by way of the agreement for lease with Stoford and, ultimately, the long lease by the University to the lessee. Stoford, the lessee and (under separate arrangements) the sub-lessee have their own objectives including the construction, leasing and occupation of the new facility along with the infrastructure works which are necessary to facilitate occupation of and access to the facility. The University’s objective is the disposal of its land, as it will not be party to the subsequent development and leasing of the facility. The disposal of the University’s land will result in the provision of certain infrastructure works on the University’s retained land, the value of which will be reflected in the premium paid by the lessee for its lease of the site. These works are ancillary and/or incidental to the primary objective of disposing of the parcel of land upon the terms of the long lease and necessary to facilitate occupation of and access to the new facility and would not take place in the absence of the disposal of the University’s land. On that basis, the transaction is not a public works contract because of the application of regulation 4(2) of the regulations. For the avoidance of doubt, the construction works which are to be carried out on the University’s retained land are not objectively separable from the construction works which are to be carried out on the site, as they are to adjoin and connect with the site and will be performed by the same building contractor under a single contract. Third, the University will have no right to procure the construction of the facility and can exercise no control over the form or specifications of the development of the site other than prescribing that the uses of the new facility are aligned to those that will be imposed through the planning permission process. The building contract for the construction of the facility, between Stoford and a contractor to be chosen through a competitive tendering procedure could not be a public works contract for that reason also. Fourth, even if the infrastructure works on the University’s retained land were separable from the other aspects of development of the facility, their value is significantly less than the £5,372,609 threshold for public works contracts and so such works would not be subject to the application of the regulations in any event.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
20 January 2025
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Stoford Loughborough Limited
26-28 Ludgate Hill
Birmingham
Country
United Kingdom
NUTS code
- UKG31 - Birmingham
National registration number
16166913
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £4,000,000
Total value of the contract/lot/concession: £4,000,000
Section six. Complementary information
six.3) Additional information
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=918855561
GO Reference: GO-2025121-PRO-29186048
six.4) Procedures for review
six.4.1) Review body
Loughborough University
Epinal Way
Loughborough
LE11 3TU
Telephone
+44 1509228186
Country
United Kingdom