Section one: Contracting authority
one.1) Name and addresses
Derby City Council
Corporation Street
Derby
DE12FS
Contact
Sherry Russell
Telephone
+44 1332640768
Country
United Kingdom
NUTS code
UKF11 - Derby
Internet address(es)
Main address
Buyer's 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
Acquisition of land and associated construction works relating to proposed Becketwell Venue, Colyear Street, Derby
Reference number
TD1718
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Derby City Council ("the Council") has entered into contractual arrangements with SJS (4) Limited and St James Securities Group for the development of a performance venue.
The Council has entered into two principal agreements with SJS(4) Limited:
(1) A land sale agreement under which the Council will purchase land from SJS(4) Limited for a value of GBP 561,495 which is to be the main part of the site of the performance venue after SJS has satisfied conditions requiring SJS(4) Limited to secure planning permission for the development of the venue following approval of plans by the Council, achieve vacant possession, obtain relevant indemnity insurances and identify a tenant for the venue.
(2) A forward funding agreement under which the Council will provide GBP 45,238,505 funding for SJS(4) Limited to carry out demolition and construction at the site and St James Securities Group will act as Guarantor for the obligations of SJS(4) Limited.
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: £45,800,000
two.2) Description
two.2.2) Additional CPV code(s)
- 44000000 - Construction structures and materials; auxiliary products to construction (except electric apparatus)
- 45212000 - Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
two.2.3) Place of performance
NUTS codes
- UKF11 - Derby
two.2.4) Description of the procurement
The Council intends to acquire a venue which will be suitable to lease to an operating partner for the delivery of performance events with a capacity of approximately 3,500 and a guaranteed annual revenue stream. This will form part of the regeneration of the Becketwell area of Derby.
The Council has entered into agreements with SJS(4) Limited under which the Council will acquire land from SJS(4) Limited and the Council and SJS(4) Limited will acquire third party land. SJS(4) Limited will carry out demolition and construction work on the land. The Council has entered into two principal agreements with SJS(4) Limited:
(1) A land sale agreement under which the Council will purchase land from SJS(4) Limited for a value of GBP 561,495 which is to be the main part of the site of the performance venue after SJS has satisfied conditions requiring SJS(4) Limited to secure planning permission for the development of the venue following approval of plans by the Council, achieve vacant possession, obtain relevant indemnity insurances and identify a tenant for the venue.
(2) A forward funding agreement under which the Council will provide GBP 45,238,505 funding for SJS(4) Limited to carry out demolition and construction at the site and St James Securities Group will act as Guarantor for the obligations of SJS(4) Limited.
The negotiated procedure without prior publication has been used and is justified under Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015 for the award of a public works contract for the development of a performance venue. The site to be acquired by the Council meets the Council's requirements from a performance venue and there are no reasonable alternative or substitute development sites. The works can only be carried out by a particular economic operator because of its exclusive rights as landowner of most of the land within the development site.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: 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 services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
The negotiated procedure without prior publication is being used and is justified under Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015 for the award of a public works contract for the development of a performance venue. The site to be acquired by the Council meets the Council's requirements from a performance venue and there are no reasonable alternative or substitute development sites. The works can only be carried out by
a particular economic operator because of its exclusive rights as landowner of most of the land within the development site.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2021/S 000-007848
Section five. Award of contract
Contract No
TD1718
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
23 April 2021
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
St James (4) Limited
3rd Floor, Airedale House, Albion Street
Leeds
LS1 5AW
Country
United Kingdom
NUTS code
- UKE42 - Leeds
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: £45,800,000
Total value of the contract/lot: £45,800,000
five.2.5) Information about subcontracting
The contract is likely to be subcontracted
Short description of the part of the contract to be subcontracted
SJS (4) Limited intends to subcontract demolition and construction work relating to the venue to one or more approved subcontractors
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Derby City Council
Derby
Country
United Kingdom