- 1. Tulse Hill Joint Venture Development Project - LLP Agreement
- 2. Tulse Hill Joint Venture Development Project - Site Transfer Agreement
- 3. Tulse Hill Joint Venture Development Project - Construction Contract
- 4. Tulse Hill Joint Venture Development Project - Development Management Agreement
- 5. Tulse Hill Joint Venture Development Project - Affordable Housing Development Agreement
Section one: Contracting authority/entity
one.1) Name and addresses
Metropolitan Housing Trust Limited and Metropolitan Living Limited
100 High Street, London N14 6PW
London
N14 6PW
Contact
Emma
Country
United Kingdom
NUTS code
UKI - London
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Tulse Hill Joint Venture Development Project
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
The Project is the carrying out of a mixed tenure housing development on the Site on the North West side of
Avenue Park Road through a joint venture arrangement. Subject to detailed design / planning, it is anticipated
that the development will comprise the construction of 110 new homes (tenure mix to be confirmed), 494 sqm commercial space floor space, and required infrastructure works.
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: £27,210,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKI - London
Main site or place of performance
Land and buildings on the North West side of Avenue Park Road, Tulse Hill, London
two.2.4) Description of the procurement
The Project is the carrying out of a mixed tenure housing development on the Site on the North West side of
Avenue Park Road through a joint venture arrangement. Subject to detailed design / planning, it is anticipated
that the development will comprise the construction of 110 new homes (tenure mix to be confirmed), 494 sqm commercial space floor space, and required infrastructure works.
The joint venture contractual arrangements between the parties will be structured as follows:
(i) Metropolitan Living Limited (MLL) (an entity within the same group as Metropolitan Housing Trust (MHT) and
Mount Anvil Avenue Park Road Limited will form a joint venture entity (the "LLP") on a 50/50 basis pursuant to the
terms of an LLP Agreement;
(ii) MHT will transfer a long leasehold interest in the Site to the LLP;
(iii) The LLP will award a Construction Contract to Mount Anvil Limited for the carrying out of the construction
works on the Site. The construction works will consist of the construction of the affordable and private sale units,
the commercial floorspace and required infrastructure works
(iv) The LLP will enter into a Development Management Agreement (DMA) with Mount Anvil (Development
Management) Limited. Under the DMA Mount Anvil (Development Management) Limited will be providing pre-
construction services, technical advice and project management of the detailed construction design, preparation
of the business plan and project programme and all required reporting requirements to the LLP. It will also
be providing administrative, corporate and financial services to the LLP including all required taxation, audit,
accounting and payment requirements.
(v) The LLP will sell the private units that are constructed on the Site on the open market; and
(vi) MHT will enter into an Affordable Housing Development Agreement with the LLP for the delivery of the
affordable housing units that are constructed on the Site. The affordable units will be retained by MHT following
completion.
It is anticipated that the LLP will be formed in the second half of 2021. In this Notice this entity shall be referred
to as The LLP.
two.2.11) Information about options
Options: 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:
The Contracting Authorities consider that the contractual arrangements referred to in section II.2.4 of this Notice
fall outside the scope of the Public Contracts Regulations 2015 (PCR) for the
following reasons:
1. The LLP Agreement is an agreement for the establishment, governance and operation of the LLP. It is not a
works, services or supply contract for the purposes of the PCR, hence it falls outside of their scope.
2. The Site Transfer Agreement is an agreement for the disposal of an interest in land, and so is excluded from
the scope of the PCR by virtue of Regulation 10(1)(a) of the PCR. It will not place the LLP under a positive and
enforceable obligation to develop the Site to a specification prescribed by MHT.
3. The Construction Contract and DMA to be awarded by the LLP fall outside the scope of the PCR because the
LLP will not meet the definition of a "body governed by public law" in Regulation 2(1) of the PCR nor, therefore,
will it be classified as a "contracting authority" for the purposes of the PCR. This is due to the fact that the LLP
will have a commercial character on account of it being a "for profit" entity with general commercial objects
which exists for the predominant purpose of maximising profits from the development activities it undertakes.
4. The Affordable Housing Development Agreement is to be awarded by MHT to the LLP pursuant to Regulation
32(2)(b)(iii) of the PCR. Due to an exclusive right which the LLP will have at the point of award of the Agreement
(being its ownership of the Site) MHT will only be able to appoint the LLP to deliver the affordable units for it. It
will not be in position to procure the delivery of the affordable housing units from any other party.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
Contract No
1
Title
Tulse Hill Joint Venture Development Project - LLP Agreement
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
26 October 2021
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
Mount Anvil Avenue Park Road Limited
London
Country
United Kingdom
NUTS code
- UKI - London
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £1
Section five. Award of contract/concession
Contract No
2
Title
Tulse Hill Joint Venture Development Project - Site Transfer Agreement
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
26 October 2021
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
The LLP
London
Country
United Kingdom
NUTS code
- UKI - London
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £1
Section five. Award of contract/concession
Contract No
3
Title
Tulse Hill Joint Venture Development Project - Construction Contract
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
26 October 2021
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
Mount Anvil Limited
London
Country
United Kingdom
NUTS code
- UKI - London
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £26,290,000
Section five. Award of contract/concession
Contract No
4
Title
Tulse Hill Joint Venture Development Project - Development Management Agreement
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
26 October 2021
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
Mount Anvil (Development Management) Limited
London
Country
United Kingdom
NUTS code
- UKI - London
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £920,000
Section five. Award of contract/concession
Contract No
5
Title
Tulse Hill Joint Venture Development Project - Affordable Housing Development Agreement
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
26 October 2021
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
The LLP
London
Country
United Kingdom
NUTS code
- UKI - London
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £11,130,000
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Short description of the part of the contract to be subcontracted
The affordable housing works to be carried out pursuant to the Affordable Housing Development Agreement will
be sub-contracted to Mount Anvil Limited under the Construction Contract.
Section six. Complementary information
six.3) Additional information
It is intended that the contractual arrangements referred to in this notice following a minimum 10 day calendar
day standstill period starting on the day after this notice is published in the UK Find a Tender Service. The Public Contracts Regulations 2015 (SI 2015 No 102) (as amended) (the Regulations) provide for
aggrieved parties who have been harmed or who are at risk of harm by a breach of the Regulations to bring proceedings in the High Court. Any such proceedings must be brought within the limitation period specified by the Regulations according to the remedy sought.
six.4) Procedures for review
six.4.1) Review body
High Court
London
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In accordance with Part 3 of the Public Contracts Regulations 2015