Section one: Contracting authority/entity
one.1) Name and addresses
University Hospital of Derby and Burton NHS Foundation Trust
Royal Derby Hospital
Derby
DE223NE
Contact
Andrew Selby
Telephone
+44 1332340131
Country
United Kingdom
Region code
UKF11 - Derby
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Royal Derby Hospital MSCP
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
University Hospitals of Derby and Burton NHS Foundation /trust ("UHDB") intends to enter into an option agreement and lease with Noviniti Dev Co 10 Ltd ("Noviniti") in respect of a new multi-storey car park development at Royal Derby Hospital, Derby ("the Hospital"). UHDB has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015.
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: £22,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45213312 - Car park building construction work
- 98351100 - Car park services
two.2.3) Place of performance
NUTS codes
- UKF11 - Derby
Main site or place of performance
Royal Derby Hospital, Uttoxeter road, Derby. DE22 3NE
two.2.4) Description of the procurement
UHDB intends to enter into an option agreement and Ground Lease with Noviniti in respect of a new multi-storey car park development at the Hospital. UHDB has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015
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 subject of this notice is an agreement to be entered into between UHDB and Noviniti for the grant of an option entitling Noviniti to call for the grant of a 45 years Ground Lease of part of UHDB's freehold land at the Hospital.
The area which will be subject to the option is defined within the option agreement and the option period will run for an initial period of 39 weeks (subject to extension).
UHDB has had valuation advice and will grant the Ground Lease at a premium which reflects market value
If Noviniti exercises the option and calls for the grant of the Ground Lease that Ground Lease will be for a period
of up to 45 years. The Ground Lease is subject to break clauses in favour of UHDB after 2 years and again at an agreed date reflecting the 40th anniversary of practical completion of the Potential Development (as defined below) by Noviniti.
The Ground Lease anticipates that Noviniti may choose (but with no obligation to do so) to undertake a Permitted Alteration (in accordance with a Licence for Alterations that may be entered into) of a multi-storey car park building at the Hospital (the "Potential Development").
The detail of the Potential Development will have been agreed between UHDB and Noviniti prior to the grant of the option agreement. UHDB has a right to terminate the Ground Lease if Noviniti has not commenced the works comprising the Potential Development by the second anniversary of the date of the Ground Lease. Provided it has not begun development, Noviniti has the right to terminate the Ground Lease up to the date
UHDB will have obligations to use reasonable endeavours to assist Noviniti in dealing with matters relating to the planning permission for the Potential Development including entering into third party agreements necessary to facilitate the Potential Development.
The exercise of the option by Noviniti to call for the Ground Lease does not trigger any obligation on Noviniti to undertake or on UHDB to procure the Potential Development. If Noviniti decides to undertake the Potential Development, (and if UHDB subsequently so decides) Noviniti and UHDB may enter into an agreement for lease providing for the grant by Noviniti of an underlease of the completed development to a third party operator and a reversionary lease to UHDB. If that agreement is reached UHDB anticipates that UHDB, Noviniti and the third party operator will enter into further documents including an agreement for lease, a licence for alterations and underleases of the completed development.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
Title
MSCP Development
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
20 September 2023
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
Noviniti Dev Co 10 Ltd
Ripon
HG4 5AE
jonathan.houlston@noviniti.co.uk
Country
United Kingdom
NUTS code
- UK - United Kingdom
Companies House
13891000
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £22,000,000
Total value of the contract/lot/concession: £22,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, the Strand
London
WC2A 2LL
Country
United Kingdom