Section one: Contracting authority
one.1) Name and addresses
London Borough of Hammersmith & Fulham
London
London
W6 9JU
Country
United Kingdom
NUTS code
UKI33 - Kensington & Chelsea and Hammersmith & Fulham
Internet address(es)
Main address
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
EdCity Master Development Agreement
two.1.2) Main CPV code
- 45210000 - Building construction work
two.1.3) Type of contract
Works
two.1.4) Short description
London Borough of Hammersmith and Fulham (the Council), EdCity Office and EdCity Development Ltd (being subsidiaries of Ark) and Ark Schools are entering into arrangements for the reconfiguration and redevelopment of the Ark Swift primary academy site at Australia Road, White City (the Site).
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: £148,473,912
two.2) Description
two.2.2) Additional CPV code(s)
- 45000000 - Construction work
- 45110000 - Building demolition and wrecking work and earthmoving work
- 45111000 - Demolition, site preparation and clearance work
- 45111100 - Demolition work
- 45111200 - Site preparation and clearance work
- 45111213 - Site-clearance work
- 45111240 - Ground-drainage work
- 45111250 - Ground investigation work
- 45111290 - Primary works for services
- 45200000 - Works for complete or part construction and civil engineering work
- 45210000 - Building construction work
- 45211000 - Construction work for multi-dwelling buildings and individual houses
- 45211100 - Construction work for houses
- 45211300 - Houses construction work
- 45211340 - Multi-dwelling buildings construction work
- 45211341 - Flats construction work
- 45211350 - Multi-functional buildings construction work
- 45211360 - Urban development construction work
- 45212000 - Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
- 45212100 - Construction work of leisure facilities
- 45212170 - Entertainment building construction work
- 45212171 - Entertainment centre construction work
- 45212172 - Recreation centre construction work
- 45212200 - Construction work for sports facilities
- 45212220 - Multi-purpose sports facilities construction work
- 45212310 - Construction work for buildings relating to exhibitions
- 45212312 - Exhibition centre construction work
- 45212320 - Construction work for buildings relating to artistic performances
- 45212321 - Auditorium construction work
- 45212322 - Theatre construction work
- 45212330 - Library construction work
- 45212340 - Lecture hall construction work
- 45212411 - Hotel construction work
- 45212412 - Hostel construction work
- 45212413 - Short-stay accommodation construction work
- 45212420 - Construction work for restaurants and similar facilities
- 45212421 - Restaurant construction work
- 45212500 - Kitchen or restaurant conversion
- 45213000 - Construction work for commercial buildings, warehouses and industrial buildings, buildings relating to transport
- 45213110 - Shop buildings construction work
- 45213111 - Shopping centre construction work
- 45213112 - Shop units construction work
- 45213150 - Office block construction work
- 45214100 - Construction work for kindergarten buildings
- 45214200 - Construction work for school buildings
- 45214300 - Construction work for college buildings
- 45214310 - Vocational college construction work
- 45214320 - Technical college construction work
- 45214400 - Construction work for university buildings
- 45214420 - Lecture theatre construction work
- 45214500 - Construction work for buildings of further education
- 45214600 - Construction work for research buildings
- 45214610 - Laboratory building construction work
- 45214700 - Construction work for halls of residence
- 45215210 - Construction work for subsidised residential accommodation
- 45215212 - Retirement home construction work
- 45215213 - Nursing home construction work
- 45215214 - Residential homes construction work
- 45215220 - Construction work for social facilities other than subsidised residential accommodation
- 45215221 - Daycare centre construction work
- 45223200 - Structural works
- 45223500 - Reinforced-concrete structures
- 45232140 - District-heating mains construction work
- 45232141 - Heating works
- 45232142 - Heat-transfer station construction work
- 45251200 - Heating plant construction work
- 45251250 - District-heating plant construction work
- 45262640 - Environmental improvement works
- 45311000 - Electrical wiring and fitting work
- 45311200 - Electrical fitting work
- 45331000 - Heating, ventilation and air-conditioning installation work
- 45332000 - Plumbing and drain-laying work
- 45440000 - Painting and glazing work
- 45500000 - Hire of construction and civil engineering machinery and equipment with operator
- 70000000 - Real estate services
- 70110000 - Development services of real estate
- 70112000 - Development of non-residential real estate
- 70330000 - Property management services of real estate on a fee or contract basis
- 70332000 - Non-residential property services
- 70332200 - Commercial property management services
- 71200000 - Architectural and related services
- 71210000 - Advisory architectural services
- 71220000 - Architectural design services
- 71221000 - Architectural services for buildings
- 71222000 - Architectural services for outdoor areas
- 71240000 - Architectural, engineering and planning services
- 71300000 - Engineering services
- 71311200 - Transport systems consultancy services
- 71311210 - Highways consultancy services
- 71311300 - Infrastructure works consultancy services
- 71312000 - Structural engineering consultancy services
- 71313000 - Environmental engineering consultancy services
- 71313200 - Sound insulation and room acoustics consultancy services
- 71313400 - Environmental impact assessment for construction
- 71313410 - Risk or hazard assessment for construction
- 71313440 - Environmental Impact Assessment (EIA) services for construction
- 71313450 - Environmental monitoring for construction
- 98133110 - Services provided by youth associations
two.2.3) Place of performance
NUTS codes
- UKI33 - Kensington & Chelsea and Hammersmith & Fulham
two.2.4) Description of the procurement
The Site currently comprises a primary academy school. The redevelopment shall (subject to contract)
comprise:
— a new high-quality primary school,
— an affordable non-commercial, not-for-profit nursery to be run by Harmony which is a voluntary sector social
enterprise,
— an adult education centre,
— a youth zone to be operated by Hammersmith and Fulham Youth Zone,
— an office building,
— two separate blocks of residential social and intermediate housing units,
— a separate block of private residential and intermediate housing units and all associated infrastructure
two.2.5) Award criteria
Quality criterion - Name: Not Applicable Under Regulation 32(b)(iii) / Weighting: N/A
Price - Weighting: N/A - Regulation 32(b)(iii)
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 Council is not contracting on behalf of other contracting authorities.
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:
• The works, supplies or services can be provided only by a particular economic operator for the following reason:
• protection of exclusive rights, including intellectual property rights
Explanation:
Absolute Return for Kids (Ark), is a non-exempt charity and company registered in England and Wales and
Ark Schools, (also a non-exempt charitable company registered in England and Wales being a multi-academy
trust regulated by the Academies Act 2010) has ownership and occupation rights over a substantial part of
the Site, pursuant to two leases granted in 2013 and 2015 for 125 years, and operates a primary academy
on the Site. Ark is the sole member of Ark schools, therefore Ark (through Ark schools) has exclusive rights
over the Site. The Council therefore genuinely believes that the Council is able to award the contract for the
redevelopment of the Site at Australia Road to EdCity Development Ltd, a subsidiary of Ark, following use of
the negotiated procedure without prior publication of a notice within Regulation 32(b)(iii) of the Public Contracts
Regulations 2015, because the Council can award the contract to an Ark controlled entity only, but not to any
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other contractor, for reasons connected with protection of Ark School's exclusive rights as leaseholder. Ark
Schools (of which Ark is the sole member) and EdCity Office (a company limited by guarantee and a wholly
owned subsidiary of Ark) wish to procure/facilitate the redevelopment of the Site as a mixed-use scheme in two
phases, as described in paragraph II 1.4) above. To that end, Ark Schools and EdCity Office intend to enter into
the Master Development Agreement with two further parties:
(i) the contracting authority (which is the reversionary freehold owner of the Site) as facilitator and part-funder of
the Works; and
(ii) EdCity Development Ltd (a company limited by shares and a wholly-owned subsidiary of Ark) as the
development arm of the Ark organisation.
The MDA is thus a works contract which is proposed to be entered into between four parties, comprising three
different entities within Ark's control and the Council and the relevant works are to be procured principally for the
benefit of Ark Schools, its associated companies and the Council. The contracting authority is willing to enter
into the MDA with Ark Schools, EdCity Office and EdCity Development Ltd because:
(i) it is the reversionary freehold owner and it wishes to secure efficient use of the Site;
(ii) as a local authority with education duties it wishes to facilitate the provision of educational facilities;
(iii) as a local authority it wishes to secure regeneration within its administrative area;
(iv) as local housing authority with strategic responsibility to enable its administrative area's housing needs to be
met, it wishes to part-fund the works.
Accordingly, the Council is entering into a Master Development Agreement and related agreements for
surrenders and leases and other agreements with EdCity Development Ltd under which EdCity Development
Ltd will redevelop the existing Ark Swift primary academy site in two phases. EdCity Development Ltd intends to
award the Works contract to Bowmer and Kirkland.
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: 2020/S 087-209334
Section five. Award of contract
Title
EdCity Master Development Agreement
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
14 September 2021
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
EdCity Development Limited
The Yellow Building, 1 Nicholas Road
London
W11 4AN
Country
United Kingdom
NUTS code
- UKI33 - Kensington & Chelsea and Hammersmith & Fulham
National registration number
11511870
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £148,473,912
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: £121,963,212
Short description of the part of the contract to be subcontracted
Subcontracting 100% of the building contract (£121 963 212) to Bowmer and Kirkland (B&K). The building contract forms part of the overall value of the Master Development Agreement of £148 473 912. B&K intends to sub subcontract 84% of the building contract (£102 449 098). The sub subcontract tenders have been assessed by both B&K and Gleeds, with the most competitive quote being selected
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The Contracting Authority has conducted itself in accordance with the Public Contracts Regulations 2015