Section one: Contracting authority
one.1) Name and addresses
Torus62 Developments Limited
Helena Central, 4 Corporation Street
St.Helens
WA9 1LD
Contact
Eamonn Cullen
Telephone
+44 7718707048
Country
United Kingdom
NUTS code
UKD - North West (England)
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
Contract for the Development of Flowers Lane and Purchase of 460 Additional Housing Units
two.1.2) Main CPV code
- 45111291 - Site-development work
two.1.3) Type of contract
Works
two.1.4) Short description
The development agreement relates to sale of Torus62 Developments Ltd’s Flowers Lane site to the developer, who will provide build-out of 120 x s.106 units and provide a further 460 x housing units to Torus62 Developments Ltd across various additionality sites. The development agreement is being entered into by Torus62 Development’s Ltd for the purpose of providing affordable housing that will support the existing and future needs of the local community.
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: £124,000,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKD - North West (England)
Main site or place of performance
NORTH WEST (ENGLAND)
two.2.4) Description of the procurement
This Contract Award Notice is being published to provide notice of the use of a negotiated procedure without prior publication, in accordance with Regulation 32 of the Public Contracts Regulations 2015.
Torus’ Flowers Lane site benefits from full planning permission with the Section 106 requirement for a minimum of 30% affordable homes. Provisionally, the site was openly advertised to the market with proposals invited for any of the following: -
i)The building out of the site
ii)The purchase of the land
iii)The building out of the s.106 units and the remainder of the site for the developer
iv)Any other proposals.
Given exceptional market conditions and significant costs, the building out of the site was not a viable option. Castle Green Homes Limited proposed to buy the land and provide build-out of 120 x Section 106 units and provide a further 460 x housing units to Torus at additionality sites.
While alternative offers were received, none were comparable with Castle Green Homes Limited’s proposal, which offered Torus three times the amount of additional affordable units via additionality sites compared to any other bid.
Under Regulation 32(2)(b) of the Public Contract Regulations 2015, the contracting authority considers that the works can be supplied only by Castle Green Homes Limited, who hold exclusive rights of ownership over the additionality sites.
Further, in accordance with Regulation 32(2)(b)(iii) in conducting a market test prior use of the negotiated procedure, the contracting authority considers that there has been no artificial narrowing down of the parameters of the procurement and that no reasonable alternative or substitute exists.
two.2.5) Award criteria
Price
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 services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
Torus’ Flowers Lane site benefits from full planning permission with the Section 106 requirement for a minimum of 30% affordable homes. Provisionally, the site was openly advertised to the market with proposals invited for any of the following: -
i)The building out of the site
ii)The purchase of the land
iii)The building out of the s.106 units and the remainder of the site for the developer
iv)Any other proposals.
Given exceptional market conditions and significant costs, the building out of the site was not a viable option. Castle Green Homes Limited proposed to buy the land and provide build-out of 120 x Section 106 units and provide a further 460 x housing units to Torus at additionality sites.
While alternative offers were received, none were comparable with Castle Green Homes Limited’s proposal, which offered Torus three times the amount of additional affordable units via additionality sites compared to any other bid.
Under Regulation 32(2)(b) of the Public Contract Regulations 2015, the contracting authority considers that the works can be supplied only by Castle Green Homes Limited, who hold exclusive rights of ownership over the additionality sites.
Further, in accordance with Regulation 32(2)(b)(iii) in conducting a market test prior to use of the negotiated procedure, the contracting authority considers that there has been no artificial narrowing down of the parameters of the procurement and that no reasonable alternative or substitute exists.
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
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
31 October 2022
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
Castle Green homes
Unit 20 St. Asaph Business Park,
Denbighshire
LL17 0LJ
Country
United Kingdom
NUTS code
- UKL - Wales
National registration number
01932141
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £124,000,000
Section six. Complementary information
six.3) Additional information
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=726430947
GO Reference: GO-2022111-PRO-21322379
six.4) Procedures for review
six.4.1) Review body
Torus62 Developments Ltd
Helena Central, 4 Corporation Street
St.Helens
WA9 1LD
Telephone
+44 7718707048
Country
United Kingdom