Section one: Contracting authority
one.1) Name and addresses
Falkirk Council
The Foundry 4, Central Park, Central Boulevard, Larbert
Falkirk
FK5 4RU
Telephone
+44 1324506566
Country
United Kingdom
NUTS code
UKM76 - Falkirk
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00184
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
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
Falkirk Gateway Development Agreement
Reference number
n/a
two.1.2) Main CPV code
- 45233161 - Footpath construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Installation of shared use cycle / pedestrian route as part of a development site sale
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: £234,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45233161 - Footpath construction work
two.2.3) Place of performance
NUTS codes
- UKM76 - Falkirk
Main site or place of performance
Falkirk Gateway Site North (to the North west of Westfield Roundabout)
two.2.4) Description of the procurement
The Council intends to enter into two development agreements with Hargreaves Property Ventures Ltd. to lease / sell land at adjacent sites in Falkirk to the north-west and south-west of Westfield Roundabout. The development agreements follow a marketing exercise carried out in December 2017, a preferred developer being identified (the highest bidder in this case) in 2018 and Heads of Terms agreed in 2021. Developers were required to submit a draft masterplan showing the mix of housing and commercial development proposed and a price offer.
Because the development agreements as a whole impose no positive obligations to develop on the preferred developer, the Council does not consider that they are within the scope of application of the Public Contracts (Scotland) Regulations 2015. A positive obligation does exist in relation to the site to the north-west of the two sites which is to construct a shared use pedestrian and cycle lane (the green corridor route). The estimated value of the works involved in the provision of the green corridor route as being GBP234,000, and therefore were that contract to be procured on its own it would not satisfy the value thresholds above which the Public Contracts Regulations apply. On that basis the Council's position is that the development agreement does not have the effect of awarding a contract that would be subject to the regulations. The development agreement also requires the developer to secure planning approval for the development in general prior to purification of the agreement.
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
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:
- absence of competition for technical reasons
Explanation:
The works are only able to be delivered by the developer as a part of a wider development scheme after the commencement of a lease by them. The marketing procedure was undertaken as a sale of land prior to the Faraday case.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2023/S 000-015190
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
22 June 2023
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 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
Hargreaves Property Ventures Ltd
West Terrace, Esh Winning
Durham
DH7 9PT
Telephone
+44 7583095126
Country
United Kingdom
NUTS code
- UKC14 - Durham CC
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £200,000
Total value of the contract/lot: £234,000
five.2.5) Information about subcontracting
The contract is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Value excluding VAT: £234,000
Proportion: 100 %
Short description of the part of the contract to be subcontracted
All the construction costs associated with the construct of cucle/pedestrian paths
Section six. Complementary information
six.3) Additional information
(SC Ref:739476)
six.4) Procedures for review
six.4.1) Review body
Falkirk Sheriff Court
Sheriff Court House, Main Street, Camelon,
Falkirk,
FK1 4AR
Country
United Kingdom