Section one: Contracting authority/entity
one.1) Name and addresses
London Fire Commissioner
169 Union Street
London
SE1 0LL
Contact
John Tunnicliff
john.tunnicliff@london-fire.gov.uk
Telephone
+44 2085551200
Country
United Kingdom
NUTS code
UKI44 - Lewisham and Southwark
National registration number
N/A
Internet address(es)
Main address
Buyer's address
https://uk.eu-supply.com/ctm/Supplier/CompanyInformation/Index/33133
one.4) Type of the contracting authority
Regional or local Agency/Office
one.5) Main activity
Public order and safety
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Re-development of 8 Albert Embankment
Reference number
PROC5719/15
two.1.2) Main CPV code
- 45211340 - Multi-dwelling buildings construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Re-development of 8 Albert Embankment
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: £67,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45111291 - Site-development work
- 45211340 - Multi-dwelling buildings construction work
- 45211360 - Urban development construction work
- 45212350 - Buildings of particular historical or architectural interest
two.2.3) Place of performance
NUTS codes
- UKI45 - Lambeth
Main site or place of performance
8 Albert Embankment
two.2.4) Description of the procurement
Re-development of 8 Albert Embankment
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 50
Cost criterion - Name: Financial / Weighting: 50
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
Modifications to meet the regulatory requirements of the planning authority will be made to develop the Front Site and land at Newport Street which retains the features and objectives of the Agreed Scheme, fulfills the Authority’s Facilities Condition and the other conditions precedent; a separate planning application will be made for that part of the Rear Site known as the Workshop
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:
This Notice is being published for the sake of transparency and voluntarily since the proposal to which it refers (see VI.3) is an intention to modify an existing contract in a way permitted under the relevant procurement rules and which therefore does not require a new procurement procedure or the prior publication of a contract notice. The Contract Notice sought the appointment of a development partner in order to achieve the best consideration reasonably obtainable from a disposal of the Authority’s interest in land at 8 Albert Embankment whilst re-providing Lambeth Fire Station and providing a new London Fire Brigade Museum. In conformity with that Notice, published on 15/09/2016, the Authority entered into a Development and Lease Agreement on 24/08/2016 (“the Contract”) for a phased mixed use development of its land at 8 Albert Embankment,
London SE1 7SP, the Workshop at Lambeth High Street and land on the west side of Newport Street (“The Development Site”) which included up to 264 residential units, a new fire station, museum (“the Authority’s Facilities Condition”) and a hotel of up to 200 bedrooms (“the Agreed Scheme”).
The Contract Award Notice dated 15/09/2016 confirmed that the successful tenderer was to pay the Authority a sum to be assessed through a price adjustment mechanism in the Contract following the grant of planning permission. The Contract provided that the “Purchase Price” for the Development Site to deliver the Agreed Scheme was £67,150,000.00, divided between “Front” and “Rear” Sites. The Contract also provided that: the Purchase Price was subject to adjustments in accordance with Schedules 13 and 15 of the Contract.
Schedule 15 contained a Land Adjustment Calculation based on the Agreed Scheme’s mixed development uses for the Front and Rear Sites referable to defined net internal sq ft areas and specified numbers of hotel bedrooms, reductions to either changed the Purchase Price downwards but subject to the Purchase Price not falling below a “Guaranteed Minimum Purchase Price” (“GMPP”) totaling £24,000,000 on the basis that the both Front and Rear Sites would proceed.
The Contract was conditional on the fulfillment of conditions including the obtaining of a “Satisfactory Planning Permission” and fulfilling the Authority’s Facilities Condition.
The Contract anticipated (but did not require) a single application for Planning Permission for the Agreed Scheme.
The proposal is to modify the Contract as it has proven impossible to secure a Satisfactory Planning Permission for the Agreed Scheme and obtain the best consideration reasonably obtainable as sought in the Contract Notice by pursuing the Agreed Scheme. That outcome has necessitated modifying the Contract in an insubstantial way and as set out in detail in section VI.3
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: 2015/S 169-307505
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
28 August 2016
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
U AND I (8AE) LIMITED
7A Howick Place
London
SE1 0LL
Country
United Kingdom
NUTS code
- UKI32 - Westminster
National registration number
10167296
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: £67,000,000
Section six. Complementary information
six.3) Additional information
See IV 1.1. The Proposed modifications to the Contract are: in order to meet the regulatory requirements of the relevant planning authority, an application for planning permission will be made to develop the Front Site and the land at Newport Street on a smaller scale which retains the features and objectives of the Agreed Scheme, fulfills the Authority’s Facilities Condition and the other conditions precedent; a separate planning application will be made for that part of the Rear Site known as the Workshop; the Purchase Price for the Development Site will be reduced to a minimum of the Guaranteed Minimum Purchase Price (GMPP) on the basis that both Front and Rear Sites proceed to development and, new provisions will be incorporated to revise the viability assessment and land values in the Development Site.
Note for the purposes of sections II1.7 and V2.4 the total value of the contract is up to circa £67m if conditions precedent are fulfilled and planning permission for an agreed scheme was obtained but subject to a downward variation in accordance with a price adjustment mechanism not exceeding (subject to conditions) a GMPP of £24m.
six.4) Procedures for review
six.4.1) Review body
The High Court
London
WC2A 2LL
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
The High Court
London
WC2A 2LL
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Any applications to the court must be made in accordance with Part 3 (Remedies) of the Public Contracts Regulations 2015.
six.4.4) Service from which information about the review procedure may be obtained
The High Court
London
WC2A 2LL
Country
United Kingdom