Section one: Contracting authority/entity
one.1) Name and addresses
Dartford and Gravesham NHS Trust
Darent Valley Hospital Darenth Wood Road
Dartford
DA2 8DA
Contact
david brown
Telephone
+44 1322428100
Country
United Kingdom
Region code
UKI43 - Haringey and Islington
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Nursery
Reference number
Nursery Service Provision DGT
two.1.2) Main CPV code
- 85312110 - Child daycare services
two.1.3) Type of contract
Services
two.1.4) Short description
Dartford and Gravesham NHS Trust (the Trust) intends to enter into arrangements with [Bright Horizons] (the Operator) to grant the Operator a lease of land at the Darent Valley Hospital (the Hospital) to enable the Operator to construct and operate a nursery which staff at the Hospital will be able to use. The documents to be entered into by the Trust comprise Heads of Terms, an Agreement for Lease and a Lease.
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: £5,000,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKJ4 - Kent
Main site or place of performance
Dartford and Gravesham NHS Trust
two.2.4) Description of the procurement
The Trust intends to enter into (1) the Heads of Terms and (2) the Agreement for Lease, which provides the Operator with the option to construct a nursery on the Site. In the event that it does so, following completion of the nursery, the Trust will grant the Operator a Lease of the Site.
The arrangements are a land deal and do not amount to a public works contract or a works concession contract for the purposes of the Public Contracts Regulations 2015 (the PCR), the Concession Contracts Regulations 2016 (the CCR) or the Procurement Act 2023 (the Act).
two.2.5) Award criteria
- Criterion: Corporate Assessment
- Criterion: Professional Experience
- Criterion: Sustainability
- Criterion: Programme Timetable
- Criterion: Bidder Proposal
- Criterion: Your USP
- Criterion: Mandatory Pass/Fail: Provide audited financial accounts for the past five (5) trading years.
- Criterion: Mandatory Pass/Fail: Dunn & Bradstreet Report (All consortium partners). A score of > 79 points is advantageous.
- Criterion: Mandatory Pass/Fail: Please provide your registration certificate with Ofsted. If the proposed nursery operator is not the main bidder, please supply their certification
- Criterion: Mandatory Pass/Fail: Please attach your child safeguarding policy (or the policy of the nursery operator if not main bidder) .
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
two.2.14) Additional information
The Trust identified the Operator following a competitive process, which was carried out outside the PCR, CCR and Act, which provided market operators within the sector with the opportunity to submit proposals to be granted a lease of the Site that would permit operation of a nursery.
The Trust proposes to enter into the Heads of Terms, followed by an Agreement for Lease in respect of the Site. The Agreement for Lease will contain break rights in favour of the Trust in the event that the Operator opts not to exercise its right to develop a nursery at the Site. Where the Operator chooses to exercise its rights to develop a nursery at the Site, the Trust will grant a Lease of the Site to the Operator following completion of the relevant works. The Operator is under no obligation to undertake development at the Site. No public contract arises due to a lack of enforceable obligation.
The Lease will contain tenant covenants which limit the permitted use of the Site to nursery facilities and requirements to ensure that any buildings are constructed and maintained in line with statutory requirements and that any nursery services are carried out in line with statutory requirements and in a way that does not obstruct the wider operation of the Hospital. These obligations are consistent with the grant of a lease to permit development and operation of facilities on a live hospital site. The Trust is not specifying requirements for the nursery if constructed, or providing any guarantee that staff will use the nursery’s services if constructed and there is no enforceable obligation on the Operator to deliver the nursery.
As such, no public contract or concession contract arises under the PCR, CCR or Procurement Act.
The Trust will not enter into any contract or agreement with [Bright Horizons] before the expiry of the 10 day standstill period following publication of this notice.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award procedure without prior publication of a concession notice in the cases listed below
- No applications, no tenders or no suitable tenders/applications in response to a prior concession award procedure
Explanation:
The Trust proposes to enter into the Heads of Terms, followed by an Agreement for Lease in respect of the Site. These provide for the creation of land interests, which are exempt under the PCR, CCR and Procurement Act.
The Agreement for Lease will contain break rights in favour of the Trust in the event that the Operator opts not to exercise its right to develop a nursery at the Site. Where the Operator chooses to exercise its rights to develop a nursery at the Site, the Trust will grant a Lease of the Site to the Operator following completion of the relevant works. The Operator is under no obligation to undertake development at the Site. No public contract arises due to a lack of enforceable obligation.
The Lease will contain tenant covenants which limit the permitted use of the Site to nursery facilities and requirements to ensure that any buildings are constructed and maintained in line with statutory requirements and that any nursery services are carried out in line with statutory requirements and in a way that does not obstruct the wider operation of the Hospital. These obligations are consistent with the grant of a lease to permit development and operation of facilities on a live hospital site. The Trust is not specifying requirements for the nursery if constructed, or providing any guarantee that staff will use the nursery’s services if constructed and there is no enforceable obligation on the Operator to deliver the nursery.
As such, no public contract or concession contract arises under the PCR, CCR or Procurement Act.
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
26 March 2025
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
Bright Horizons
2 Crown Court, Crown Way, Rushden, Northamptonshire
Northamptonshire
NN10 6BS
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
02282203
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: £5,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
The Strand
London
WC2A 2LL
Country
United Kingdom