Section one: Contracting authority/entity
one.1) Name and addresses
Wrightington Wigan and Leigh NHS Foundation Trust
The Elms, Royal Albert Edward Infirmary, Wigan Lane
Wigan
WN1 2NN
Contact
Lesley Wallace
lesley.wallace@boltonft.nhs.uk
Telephone
+44 7592944028
Country
United Kingdom
Region code
UKD36 - Greater Manchester North West
Internet address(es)
Main address
Buyer's 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 development
Reference number
FTS-011801
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Wrightington, Wigan and Leigh Teaching Hospitals NHS Foundation Trust ("WWL") intends to enter an option agreement ("Option Agreement") with Noviniti Dev Co 13 Limited ("Noviniti") leading to the grant by WWL of a ground lease to Noviniti in respect of land at Freckleton Street by Royal Albert Edward Infirmary ("the Hospital") ("the Site"). The Site is intended to be the location of a new multi-storey car park development (“the Potential Development”) for the benefit of the Hospital. The contractual arrangements are structured as a land transaction, which do not satisfy the definition of a “public works contract” and are exempt from the Public Contracts Regulations 2015 (“PCR”) and the Concession Contracts Regulations 2016 (“CCR”) ("the Regulations").
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: £14,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45213312 - Car park building construction work
- 45213312 - Car park building construction work
- 98351100 - Car park services
two.2.3) Place of performance
NUTS codes
- UKD36 - Greater Manchester North West
Main site or place of performance
Wigan
two.2.4) Description of the procurement
The Contract which is the subject of this Notice is the Option Agreement to be granted by WWL to Noviniti for an initial period of 39 weeks (extendable by agreement between the parties) pursuant to which Noviniti may call for the grant of a ground lease ("Ground Lease") over the Site at the Hospital. If granted the Ground Lease will be for a term of 40 years and will be granted at a premium determined by external valuation of market value.
The Ground Lease will contain a definition of "Permitted Alterations" which describes the Potential Development. It will contain no development obligation on Noviniti but will contain a break clause in favour of WWL exercisable in the event that Noviniti has not received permission to undertake the Permitted Alteration and has not commenced the Potential Development within 2 years of the date of grant of the Ground Lease.
WWL have structured the contractual arrangements as a land transaction which do not satisfy the definition of a public works contract for the purposes of the Regulations and are exempt from the Regulations.
two.2.5) Award criteria
Price
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
Explanation: (2500 characters with spaces)
The subject of this notice is the Option Agreement entitling Noviniti to call for the grant of a 40 year Ground Lease of the Site at the Hospital.
The Site is defined within the Option Agreement and the option period will run for an initial period of 39 weeks (subject to extension). WWL has had valuation advice and will grant the Ground Lease at a premium determined by external valuation of market value.
The Ground Lease anticipates that Noviniti may choose (but with no obligation to do so) to undertake the Permitted Alteration which constitutes the Potential Development (in accordance with a Licence for Alterations that may be entered into in relation to the Ground Lease). The Ground Lease is subject to a break clause in favour of WWL if no Licence for Alterations has been issued and work on any Permitted Alteration begun before the date which is 2 years after the date of grant of the Ground Lease. The Ground Lease is subject to further break clauses in favour of WWL (and Noviniti) on the 35th anniversary of practical completion of the Potential Development.
The details of the Potential Development will have been agreed between WWL and Noviniti prior to the grant of the Option Agreement. Noviniti will have the right to terminate the Ground Lease if Noviniti has not commenced the works comprising the Potential Development by the date 52 weeks after the date of the Ground Lease.
The exercise of the option by Noviniti to call for the Ground Lease does not trigger any obligation on Noviniti to undertake or on WWL to procure the Potential Development.
(Whilst there is no contractual obligation upon either party within the Option Agreement or the Ground Lease), if WWL chooses to do so, it is anticipated that Noviniti and WWL would enter into an agreement for lease providing for the execution of the Potential Development and the grant by Noviniti of an underlease of the completed Potential Development to a third party. It is anticipated that the agreement for lease would contain provision for the grant of further leases (including potentially a reversionary underlease of the Potential Development in favour of WWL taking effect from the date of expiry of the third party operator lease and for the remainder of the Ground Lease term).
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:
Explanation: (2500 characters with spaces)
The subject of this notice is the Option Agreement entitling Noviniti to call for the grant of a 40 year Ground Lease of the Site at the Hospital.
The Site is defined within the Option Agreement and the option period will run for an initial period of 39 weeks (subject to extension). WWL has had valuation advice and will grant the Ground Lease at a premium determined by external valuation of market value.
The Ground Lease anticipates that Noviniti may choose (but with no obligation to do so) to undertake the Permitted Alteration which constitutes the Potential Development (in accordance with a Licence for Alterations that may be entered into in relation to the Ground Lease). The Ground Lease is subject to a break clause in favour of WWL if no Licence for Alterations has been issued and work on any Permitted Alteration begun before the date which is 2 years after the date of grant of the Ground Lease. The Ground Lease is subject to further break clauses in favour of WWL (and Noviniti) on the 35th anniversary of practical completion of the Potential Development.
The details of the Potential Development will have been agreed between WWL and Noviniti prior to the grant of the Option Agreement. Noviniti will have the right to terminate the Ground Lease if Noviniti has not commenced the works comprising the Potential Development by the date 52 weeks after the date of the Ground Lease.
The exercise of the option by Noviniti to call for the Ground Lease does not trigger any obligation on Noviniti to undertake or on WWL to procure the Potential Development.
(Whilst there is no contractual obligation upon either party within the Option Agreement or the Ground Lease), if WWL chooses to do so, it is anticipated that Noviniti and WWL would enter into an agreement for lease providing for the execution of the Potential Development and the grant by Noviniti of an underlease of the completed Potential Development to a third party. It is anticipated that the agreement for lease would contain provision for the grant of further leases (including potentially a reversionary underlease of the Potential Development in favour of WWL taking effect from the date of expiry of the third party operator lease and for the remainder of the Ground Lease term).
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
8 July 2024
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
Noviniti Dev Co 13 Limited
Unit 2 The Stables, Newby Hall Ripon
Harrogte
HG4 5AE
jonathan.houlston@noviniti.co.uk
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
14261857
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £14,000,000
Total value of the contract/lot/concession: £14,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court
The Strand
London
WC2A 2LL UK
Country
United Kingdom