Section one: Contracting authority/entity
one.1) Name and addresses
Midlothian Council
Midlothian House, Buccleuch Street
Dalkeith
EH22 1DN
Telephone
+44 1312707500
Country
United Kingdom
NUTS code
UKM73 - East Lothian and Midlothian
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00336
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
Sale of ground with a requirement to enter into a contract for the Design and Construction of 11No. homes for social rent
Reference number
MID/23/32
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Sale of ground with a requirement to enter into a contract for the Design and Construction of 11No. homes for social rent, Crichton Road, Pathhead
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: £2,090,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45000000 - Construction work
two.2.3) Place of performance
NUTS codes
- UKM73 - East Lothian and Midlothian
Main site or place of performance
Phase AA, Shawfair, Danderhall North
two.2.4) Description of the procurement
Sale of ground with a requirement to enter into a contract for the Design and Construction of 11No. homes for social rent, Crichton Road, Pathhead
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
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
In terms of Midlothian Council’s affordable housing policy, it is noted that the Pathhead area is one of the Council’s locations with highest demand.
As a result the Council requires to secure land within the Pathhead area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Pathhead owned by Muir Homes Limited 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 Muir Homes Limited for the construction of 11 no social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Pathhead 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 Muir Homes Limited on the basis that (i) for technical reasons competition is absent and (ii) Muir Homes Limited 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.
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
21 March 2023
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
Muir Homes Ltd
Muir House, Belleknowes Industrial Estate
Inverkeithing
KY11 1HY
Telephone
+44 1383416191
Country
United Kingdom
NUTS code
- UK - United Kingdom
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: £2,090,000
Section six. Complementary information
six.3) Additional information
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=726712.
(SC Ref:726712)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom