Section one: Contracting authority
one.1) Name and addresses
Halton Borough Council
Municipal Building, Kingsway
Widnes
WA8 7DZ
Telephone
+44 3033334300
Country
United Kingdom
NUTS code
UKD6 - Cheshire
Internet address(es)
Main address
Buyer's address
https://www.mytenders.co.uk/search/Search_AuthProfile.aspx?ID=AA1966
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
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
Procurement of a Joint Venture Development Partner for Astmoor Regeneration
two.1.2) Main CPV code
- 45111291 - Site-development work
two.1.3) Type of contract
Works
two.1.4) Short description
Halton Borough Council (the “Authority”) is bringing to the market a site with significant development potential for industrial use in the heart of the Astmoor Industrial Estate (the “Estate”) and is seeking to procure a development partner to work with the Authority to deliver this regeneration opportunity (the “Project”).
With the Mersey Gateway Bridge now complete, regeneration within Halton is set to continue in line with the Astmoor Regeneration Masterplan, adopted by the Authority’s Executive Board in September 2020.
The whole of the site is in the Authority’s freehold ownership and extends to approximately 17.5ha in total (the “Site”).
The Authority is looking to appoint a developer who is committed to working with the Authority in a true partnership style to manage risk and reward and deliver an attractive and viable Project sensitive to the location of the Site and the development and investment opportunities it presents.
two.1.5) Estimated total value
Value excluding VAT: £22,000,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 71000000 - Architectural, construction, engineering and inspection services
- 45000000 - Construction work
- 45210000 - Building construction work
- 45233260 - Pedestrian ways construction work
- 45112700 - Landscaping work
- 71240000 - Architectural, engineering and planning services
- 71247000 - Supervision of building work
- 71540000 - Construction management services
- 71530000 - Construction consultancy services
- 71315200 - Building consultancy services
- 71541000 - Construction project management services
- 70112000 - Development of non-residential real estate
- 71220000 - Architectural design services
- 71251000 - Architectural and building-surveying services
two.2.3) Place of performance
NUTS codes
- UKD6 - Cheshire
Main site or place of performance
Within the Borough of Halton
two.2.4) Description of the procurement
The Authority is bringing to the market a site with significant development potential for industrial use in the heart of the Astmoor Industrial Estate and is seeking to procure a development partner to work with the Authority to deliver this regeneration opportunity.
The Authority are looking to appoint a developer who is committed to working with the Authority in a true partnership style to manage risk and reward and deliver an attractive and viable Project sensitive to the location of the Site and the development and investment opportunities it presents. The Authority expects this Project to achieve a balanced delivery of a number of objectives around placemaking, connectivity and sustainability.
Further information on the Site is set out in the Procurement Documents.
The Authority’s Objectives
The Authority’s objectives for the Project are set out in detail in the Procurement Documents and in summary are:
- Objective 1 – Delivery of Masterplan Strategic Objectives
- Objective 2 – Meeting market demand
- Objective 3 – Maximisation of employment uses
- Objective 4 – Financial Return
- Objective 5 – Engagement with Stakeholders
- Objective 6 – Pace of Delivery
- Objective 7 – Relocation Initiatives
The Authority’s Minimum Requirements
The Project must deliver all of the following minimum requirements:
- Comprehensive development across the whole of the Site, albeit the scheme may be delivered in phases
- No requirement for the Authority to provide any funding to make the scheme viable
- Delivery of an early speculative phase
- Compliance with section 123 Local Government Act 1972
- A share of any additional profit (overage) to the Authority of at least 50%
The Authority will dispose of the Site by way of the grant of a long (250 year) Lease(s).
On the acceptance of the preferred development partner’s tender, the Authority and the development partner will enter into a conditional joint venture Development Agreement (“Development Agreement”) requiring the development partner to work with the Authority to design the Project, secure a planning permission for the agreed Project and the satisfaction of any other conditions within set timescales. It is envisaged the development partner will build out the scheme on a build lease/licence with the long leasehold interest(s) being granted on practical completion of each phase of the development. The Authority as landowner will reserve the right to approve all reserved matters applications before submission to the Local Planning Authority.
Interested organisations are referred to the Procurement Documents which set out further information on the Development Agreement.
Interested organisations are referred to Section VI.3 (Additional Information) for further information on the estimated value of the opportunity.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £22,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
240
This contract is subject to renewal
No
two.2.9) Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 4
Objective criteria for choosing the limited number of candidates:
This is set out in the published procurement documents.
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: Yes
Description of options
The initial term of the Development Agreement shall be for fifteen (15) years. The Authority has the option to extend the term of the Development Agreement for a further period or periods of up to a maximum of five (5) years as described in more detail in the draft Development Agreement in the Procurement Documents.
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 three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
As set out in the procurement documents.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Competitive procedure with negotiation
four.1.5) Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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.2.2) Time limit for receipt of tenders or requests to participate
Date
22 July 2021
Local time
5:00pm
four.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
6 September 2021
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 12 (from the date stated for receipt of tender)
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
1. The Public Contracts Regulations 2015 apply to this procurement (the “Regulations”). The Authority is using the Competitive Procedure with Negotiation in accordance with Regulation 29 of the Regulations.
2. The Authority estimates that the gross development value of the opportunity is 22,000,000 GBP. This estimate is reflective of current values and does not allow for any inflation.
3. Interested economic operators (Applicants) are required to register on the Authority’s e-tendering portal. Applicants can access this system at www.the-chest.org.uk (the “Portal”) where the details of how to register and the terms of free registration are provided. If an Applicant wishes to be considered as a tenderer it must complete and submit a response to the Authority’s Standard Selection Questionnaire via the Portal by specified submission deadline. Responses to the SSQ cannot be uploaded after the submission deadline.
4. Applicants are referred to the Procurement Documents accompanying this Contract Notice for additional information on this procurement and in relation to this Contract Notice.
5. The Authority reserves the right to withdraw from or discontinue the procurement process, which shall include the right to not award the Development Agreement as a result of this call for competition.
6. Tenders and all supporting documentation for the contract must be in English and priced in sterling.
7. The Authority will not be liable for any bid costs, expenditure, work or effort incurred by an Applicant in proceeding or participating in this procurement, including if the procurement process is terminated or amended by the Authority.
8. Any clarifications regarding this opportunity must be raised through the messaging facility on the Portal.
9. The Authority undertakes to hold confidential any information provided in any tender submitted, subject to the Authority’s obligations under law, including the Freedom of Information Act 2000. If the tenderer considers that any of the information submitted in the tender should not be disclosed because of its commercial sensitivity or for reasons of confidentiality, then this should be stated with the reason for considering it sensitive. The Authority will then endeavour to consult with the tenderer about such commercially sensitive or confidential information when considering any request received under the Freedom of Information Act 2000 before replying to such a request, but the decision of the Authority in deciding whether an exemption applies is final.
10. The Authority reserves the right to carry out additional financial checks on all economic operators tendering for this opportunity at any time during the procurement process, to ensure that they continue to meet the Authority’s requirements and remain financially viable to deliver the project and perform the Development Agreement.
11. The Authority may require a group of economic operators to whom the Development Agreement is awarded to form a legal entity.
(MT Ref:223143)
six.4) Procedures for review
six.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079476000
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079476000
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The Authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the Development Agreement is communicated to tenderers. Applicants who are unsuccessful shall be informed by the Authority as soon as possible after the decision has been made as to the reasons why the Applicant was unsuccessful. If any clarification regarding the award of the Development Agreement has not been successfully resolved, The Public Contracts Regulations 2015 (SI 2015 No. 102) provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take legal action.
Any such action must be brought within the applicable limitation period. Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the Authority to amend any document and may award damages.
If a contract has been entered into the Court may, depending on the circumstances, award damages, make a declaration of ineffectiveness, order the Authority to pay a fine, and/or order that the duration of the contract be shortened. The purpose of the voluntary standstill period referred to above is to allow the parties to apply to the Courts to set aside the award decision before the Contract is entered into.