Section one: Contracting authority
one.1) Name and addresses
Wrightington Wigan and Leigh NHS Foundation Trust
Royal Albert Edward Infirmary, Wigan Lane
Wigan
WN12NN
Contact
Tabitha Gardner
Country
United Kingdom
Region code
UKD36 - Greater Manchester North West
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Multi Storey Car Park
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Wrightington Wigan & Leigh Teaching Hospitals NHS Foundation Trust (WWL) has contracted with Noviniti Dev Co 13 Ltd (Noviniti) and CP Plus Limited (t/a GroupNexus) (CPP) regarding a multi-storey car park development (the MSCPD) at Freckleton Street near Royal Albert Edward Infirmary (the Hospital). The documents comprise: Licence for Alterations (LfA); Principal Agreement for Underlease (S2AFL); Deed of Covenant (DoC); Deed of Variation/surrender & re-grant of Noviniti's Ground Lease at the Hospital dated 17.12.2024 between WWL & Noviniti (GL) (the DOVSR). The LfA grants consent under the GL to carry out the MSCPD. The S2AFL between WWL, Noviniti and CPP contains all relevant obligations relating to the MSCPD and provides for CPP to accept a 15 year lease of the completed MSCPD (Operator Lease). The DoC is entered into by WWL and CPP and provides for payments to or from WWL in respect of surpluses or shortfalls in car parking revenue (liability will sit with WWL) and services standards
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: £13,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45213312 - Car park building construction work
- 98351000 - Car park management services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
Royal Albert Edward Infirmary, Wigan Lane, Wigan
two.2.4) Description of the procurement
WWL has entered into:- (i) the S2AFL in respect of the MSCPD at the Hospital, and (ii) the LfA under the GL, (iii) the DOVSR and the corresponding Deed of Surrender of the GL and a replacement GL for an extended term of 43 years (extended from a term of 40 years in the original GL). The extended term is required to accommodate a deferred longstop date for WWL to exercise the right to break the GL in the event that Noviniti does not complete the MSCPD by that deadline.
Following completion of the MSCPD Noviniti will grant the Operator Lease to CPP with associated DoC in respect of surplus sums or shortfalls in car park income. WWL will be obliged to accept a lease of the completed MSCPD directly from Noviniti if CPP defaults.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.14) Additional information
Please see Voluntary Transparency Notice of 24.12.2024 for details of the documents the subject of this notice
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:
Following on from the Option Agreement between WWL, Noviniti and CPP on 18.09.24 (S1OA) pursuant to which the GL was granted by WWL to Noviniti on 17.12.24 of the site of the new car park works for a term of years expiring 16 December 2064, WWL entered into the S2AFL, the LfA, the DOVSR (and the replacement extended GL) and the DoC. The S1OA to grant the GL was the subject of a VEAT Notice published on 8 July 2024 with reference 2024/S 000-020762 and the S2AFL was the subject of a further VEAT Notice published on 24 December 2024 with reference 2024/S 000-041526.
The S2AFL does not oblige Noviniti to carry out the MSCPD but if it does not, WWL has the right to break the GL if Noviniti does not commence works by an agreed deadline. WWL agreed as part of the arrangements, to underwrite certain costs in the event that WWL did not sign up to its commitments under the S2AFL. The obligations to underwrite costs fall away on completion of the S2AFL.
Under the S2AFL, if Noviniti completes the MSCPD it may require CPP to accept the Operator Lease which comprises the whole of the MSCPD for a term of 15 years, and for WWL to accept a Reversionary Lease of the MSCPD for a term of 25 years commencing on the date of expiry of the Operator Lease.
WWL will be obliged to accept a direct lease from Noviniti if CPP defaults before completion of the MSCPD and will be obliged to accept an Overriding Lease to become direct tenant of Noviniti if CPP defaults during the term of the Operator Lease.
WWL and CPP will enter into the DoC on the date of grant of the Operator Lease. WWL considers that if the arrangement with CPP is a services concession, it is incidental to the main purpose of the arrangement and would be below the value threshold in the CCR2016.
Noviniti is under no obligation to serve notice to elect to undertake the MSCPD. No public works contract arises due to the lack of an enforceable obligation.
Noviniti and WWL may enter into a "Works Agreement" for Noviniti to manage the execution of additional WWL construction works on adjacent WWL land with WWL making a payment to Noviniti of up to £450k towards the cost of those works. As with the MSCPD under the S2AFL the Works Agreement will not oblige Noviniti to undertake those works but the works will not be separable from the MSCPD works.
WWL considers that the arrangements fall within the land exemption under Regulation 10(1)(a) of the PCR2015 and/or 10(11)(a) of the CCR2016. In addition, following the grant of the GL, Noviniti has the exclusive right to undertake the MSCPD until such time as the WWL break right under the GL becomes capable of exercise. As a result, Noviniti is the only developer that WWL is able to contract with by virtue of Noviniti's exclusive rights as provided for by Regulation 32 of the PCR2015.
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
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
12 March 2025
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Noviniti Dev Co 13 Ltd
Unit 2, The Stables, Newby Hall,
Rippon
HG4 5AE
jonathan.houlston@noviniti.co.uk
Country
United Kingdom
NUTS code
- UK - United Kingdom
Companies House
14261857
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £13,000,000
Lowest offer: £11,000,000 / Highest offer: £13,000,000 taken into consideration
Section six. Complementary information
six.3) Additional information
The procurement falls outside the scope of application of the Regulations
Following on from the Option Agreement between WWL, Noviniti and CPP on 18.09.24 (S1OA) pursuant to which the GL was granted by WWL to Noviniti on 17.12.24 of the site of the new car park works for a term of years expiring 16 December 2064, WWL entered into the S2AFL, the LfA, the DOVSR (and the replacement extended GL) and the DoC on [ 2025]. The S1OA to grant the GL was the subject of a VEAT Notice published on 8 July 2024 with reference 2024/S 000-020762 and the S2AFL was the subject of a further VEAT Notice published on 24 December 2024 with reference 2024/S 000-041526.
The S2AFL does not oblige Noviniti to carry out the MSCPD but if it does not, WWL has the right to break the GL if Noviniti does not commence works by an agreed deadline. WWL agreed as part of the arrangements, to underwrite certain costs in the event that WWL did not sign up to its commitments under the S2AFL. The obligations to underwrite costs fall away on completion of the S2AFL.
Under the S2AFL, if Noviniti completes the MSCPD it may require CPP to accept the Operator Lease which comprises the whole of the MSCPD for a term of 15 years, and for WWL to accept a Reversionary Lease of the MSCPD for a term of 25 years commencing on the date of expiry of the Operator Lease.
WWL will be obliged to accept a direct lease from Noviniti if CPP defaults before completion of the MSCPD and will be obliged to accept an Overriding Lease to become direct tenant of Noviniti if CPP defaults during the term of the Operator Lease.
WWL and CPP will enter into the DoC on the date of grant of the Operator Lease. WWL considers that if the arrangement with CPP is a services concession, it is incidental to the main purpose of the arrangement and would be below the value threshold in the CCR2016.
Noviniti is under no obligation to serve notice to elect to undertake the MSCPD. No public works contract arises due to the lack of an enforceable obligation.
Noviniti and WWL may enter into a "Works Agreement" for Noviniti to manage the execution of additional WWL construction works on adjacent WWL land with WWL making a payment to Noviniti of up to £450k towards the cost of those works. As with the MSCPD under the S2AFL the Works Agreement will not oblige Noviniti to undertake those works but the works will not be separable from the MSCPD works.
WWL considers that the arrangements fall within the land exemption under Regulation 10(1)(a) of the PCR2015 and/or 10(11)(a) of the CCR2016. In addition, following the grant of the GL, Noviniti has the exclusive right to undertake the MSCPD until such time as the WWL break right under the GL becomes capable of exercise. As a result, Noviniti is the only developer that WWL is able to contract with by virtue of Noviniti's exclusive rights as provided for by Regulation 32 of the PCR2015.
six.4) Procedures for review
six.4.1) Review body
High Courts of Justice
The Royal Court of Justice, The Strand
London
WC2A 2LL
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In accordance with Chapter 6 of the Public Contracts Regulations 2015 (as amended) (Regulations 88 to 104) or Chapter 2 of the Concession Contracts Regulations 2016 (Regulation 49 to 64).