Section one: Contracting authority/entity
one.1) Name and addresses
MARSHGATE LTD
Danestrete
STEVENAGE
SG11HN
Contact
Kirsten Brown
Kirsten.brown@stevenage.gov.uk
Telephone
+44 1438242775
Country
United Kingdom
NUTS code
UKH23 - Hertfordshire
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Option to Purchase Agreement of Land at Courtlands
two.1.2) Main CPV code
- 45211100 - Construction work for houses
two.1.3) Type of contract
Works
two.1.4) Short description
Marshgate is placing a voluntary ex-ante transparency notice to advertise its intention to enter into an option to purchase agreement concerning land at Courtlands, Todds Green, Stevenage, Hertfordshire, SG1 2JE ('the Property') with further details set out below.
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: £5,400,000
two.2) Description
two.2.2) Additional CPV code(s)
- 70122200 - Land purchase services
two.2.3) Place of performance
NUTS codes
- UKH23 - Hertfordshire
two.2.4) Description of the procurement
The proposed transaction provides for Marshgate to enter into an option to purchase agreement with EHP Land Development Ltd (EHP) of land at the Property.
The Property has the benefit of planning permission for 17 dwellings with associated infrastructure.
EHP has entered into an agreement for works for the construction of the dwellings and associated infrastructure with SJM & Co Ltd (SJM) (Agreement for Works).
The option to purchase is conditional upon Marshgate entering into a novation agreement with EHP and SJM for Marshgate to be a party to the Agreement for Works in place of EHP. The Agreement for Works specifies that SJM shall construct the dwellings and associated infrastructure as per the planning permission.
two.2.11) Information about options
Options: No
two.2.14) Additional information
This voluntary ex ante transparency notice is being published to enable the observance of a voluntary standstill period of 10 days. The standstill period will end at midnight on 7th April 2022.
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:
This is a voluntary ex ante transparency notice pursuant to regs 99 - 100 of the Public Contract Regulations 2015.
Marshgate consider that the proposed transaction is not a public contract and is not caught by the Public Contracts Regulations because:
Marshgate have had no influence on the design of the works,
The construction of the works will simply be implementing a planning permission that has already been granted and one that Marshgate had no involvement in developing,
EHP have already entered into a legally binding contract for the construction of the works, and
The option to purchase is conditional on Marshgate entering into the novation of the Agreement for Works.
As such, the proposed transaction falls outside the scope of and does not need to comply with Part 2 of the Public Contracts Regulations 2015 (and therefore Directive 2014/24/EU) and may be awarded without prior publication of a Contract Notice in the Official Journal of the European Union.
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
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
28 March 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
EHP Land Development Ltd
Rickmansworth
Country
United Kingdom
NUTS code
- UKH23 - Hertfordshire
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £5,400,000
Total value of the contract/lot/concession: £5,400,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court
London
Country
United Kingdom