Section one: Contracting authority/entity
one.1) Name and addresses
Wiltshire Council
Wiltshire Council, County Hall, Bythesea Road
Trowbridge
BA14 8JN
Contact
Mr Dave Gillett
david.gillett@wiltshire.gov.uk
Country
United Kingdom
NUTS code
UKK15 - Wiltshire CC
Internet address(es)
Main address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
VEAT Notice GREENSQUAREACCORD LIMITED
Reference number
DN568746
two.1.2) Main CPV code
- 70120000 - Buying and selling of real estate
two.1.3) Type of contract
Services
two.1.4) Short description
This Notice is in respect of the transfer of land (“the Transfer”) at Rudloe (“the Site”) by Wiltshire Council (“the Council”) to GreenSquareAccord Limited "GSA" . GSA is a registered provider of social housing. The Site was the subject of an independent third-party valuation on 12th January 2022.
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: £240,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKK15 - Wiltshire CC
two.2.4) Description of the procurement
This Notice is in respect of the transfer of land (“the Transfer”) at Rudloe (“the Site”) by Wiltshire Council (“the Council”) to GreenSquareAccord Limited "GSA" . GSA is a registered provider of social housing. The Site was the subject of an independent third-party valuation on 12th January 2022.
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:
1. This Notice is in respect of the transfer of land (“the Transfer”) at Rudloe (“the Site”) by Wiltshire Council (“the Council”) to GreenSquareAccord Limited "GSA" . GSA is a registered provider of social housing. The Site was the subject of an independent third-party valuation on 12th January 2022.
2. The contractual terms in respect of the Transfer do not impose a duty on GSA to undertake works at the Site. GSA remains free to elect whether or not to undertake any works at the Site. As such, the Council has not committed itself to entering into a public works contract.
3. The contractual terms include various claw back provisions. The Council will receive substantial payments in the event that GSA elects to develop the Site and replaces proposed affordable housing units with market residential units or non-residential units in the course of obtaining planning permission or following development.
4. Before issuing this Notice, the Council obtained legal advice from specialist counsel concerning the operation of the Public Contracts Regulations 2015 (“PCR”) and the directives to which the PCR give effect. The Council was advised that it can lawfully enter into the Transfer with GS without a procurement exercise being undertaken under the PCR 2015, including because the contractual terms effecting the Transfer do not include a legally enforceable obligation to undertake relevant works and, as such, the arrangement is not a “public works contract” under the PCR. Privilege as to that legal advice is not hereby waived.
5. The Council believes that the Transfer is permitted without a new procurement procedure. This Notice is issued protectively accordingly.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
Title
Transfer Of Land at Rudloe to GreenSquareAccord Limited
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
15 February 2022
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
GreenSquareAccord Limited (27052R)
178 Birmingham Road
West Bromwich,
B70 6QG
Country
United Kingdom
NUTS code
- UKK15 - Wiltshire CC
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £240,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales Royal Courts of Justice
London
WC1A 2LL
Country
United Kingdom