Section one: Contracting authority/entity
one.1) Name and addresses
London Borough of Bromley
Bromley Civic Centre, Stockwell Close
Bromley
BR1 3UH
Country
United Kingdom
NUTS code
UKI61 - Bromley
Internet address(es)
Main address
Buyer's 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
Site G Churchill Gardens, Bromley - Development Agreement
Reference number
DN567880
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
The Council holds a Development Agreement with Countryside Properties (UK) Ltd on Site G Churchill Gardens, Bromley, BR2 covering the comprehensive redevelopment of land at Ethelbert Close and rear of High Street, Bromley for a major residential led scheme representing the next phase of development of Opportunity Site G as designated within the Bromley Town Centre Area Action Plan.
Regarding the value as referenced at II.1.7 and V.2.4 of this notice: As explained herein, the VA is varying the terms of the DA. The DA and the VA can requested from the following email address: infoSiteG@bromley.gov.uk.
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: £1
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKI61 - Bromley
two.2.4) Description of the procurement
The Council is varying its Development Agreement dated 28 September 2017 with Countryside Properties (UK) Ltd completed following an Expressions of Interest procurement issued on 29 April 2016 under OJEU ref. 2012/S 69-113942, utilising the Due North (now Proactis) ProContract procurement system, as the first stage tender process for the selection of a Development Partner for Site G, Ethelbert Road, Bromley.
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 procurement falls outside the scope of application of the regulations
Explanation:
This is a voluntary ex ante transparency notice (“VEAT Notice”) pursuant to regs. 99-101 of the Public Contracts Regulations 2015 (“the PCR 2015”) relating to a Variation Agreement dated 24 September 2021 (“the VA”) to a Development Agreement dated 28 September 2017 (“the DA”).
Full copies of the following documents can be requested from infoSiteG@bromley.gov.uk:
I. the DA dated 28 September 2017
II. the VA dated 24 September 2021
III. The DA with tracked changes indicating the impact on clauses of the VA
IV. Report to the 15 July 2021 meeting of the London Borough of Bromley’s Executive Committee
V. Minutes of the 15 July 2021 meeting of the London Borough of Bromley’s Executive Committee.
The nature, scope and effect of the VA is as set out in these documents, which any interested party is invited to read in full.
London Borough of Bromley considers that the VA does not give rise to the award of a new public contract or constitute an unlawful modification contrary to regs. 72 and 73 PCR 2015 because:
I. the modifications effected by the VA are not substantial within the meaning of reg. 72(8), PCR 2015; or
II. The modifications effected by the VA are permitted pursuant to reg. 72(1)(c), PCR 2015 because the need for the modifications has been brought about by circumstances which a diligent contracting authority could not have foreseen. The relevant circumstances are, in summary, changes in market, economic and other conditions during the relevant period that have made performance of the DA more difficult and/or costly.
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.2.1) Previous publication concerning this procedure
Notice number: 2012/S 069-113942
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
16 March 2017
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
Countryside Properties (UK) Ltd
Chatham Way
Brentwood, Essex
CM14 4DZ
Country
United Kingdom
NUTS code
- UKH3 - Essex
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: £1
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Royal Courts of Justice
The Strand
London
WC2A 2LL
Telephone
+44 0279476000
Country
United Kingdom