Section one: Contracting authority/entity
one.1) Name and addresses
Ebbsfleet Development Corporation
The Observatory,Castle Hill Drive, Ebbsfleet Valley
SWANSCOMBE
DA101EE
Contact
Jennifer Hunt
procurement@ebbsfleetdc.org.uk
Telephone
+44 3034442586
Country
United Kingdom
Region code
UKJ43 - Kent Thames Gateway
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
https://ebbsfleetgardencity.org.uk/
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
Delivery of Expanded Community Facilities
two.1.2) Main CPV code
- 45200000 - Works for complete or part construction and civil engineering work
two.1.3) Type of contract
Works
two.1.4) Short description
Construction of a sports pitch with a pavilion and community space with a community building with meeting rooms, and badminton courts and gym.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Lowest offer: £8,000,000 / Highest offer: £11,000,000 taken into consideration
two.2) Description
two.2.2) Additional CPV code(s)
- 45210000 - Building construction work
- 45250000 - Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry
two.2.3) Place of performance
NUTS codes
- UKJ43 - Kent Thames Gateway
Main site or place of performance
Ebbsfleet
two.2.4) Description of the procurement
Redrow (developer) is to build houses on its land in the Ebbsfleet Valley area.
Redrow has obtained a planning permission, which imposed on them the delivery of certain community facilities on its land, the value of which was estimated to be around £3 million.
EDC, as the public corporation responsible for regeneration of the Ebbsfleet Valley area, would like to improve and enrich the Redrow community facilities for the benefit of (use/enjoyment by) the local Ebbsfleet Valley communities. The additional cost for the delivery of the "improved community facilities" is £8 million taking the total estimated works value to £11 million.
EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority.
After the completion of "improved community facilities", Redrow will pass the ownership of the improved community facilities to an independent Community Trust, managed by independent Trustees to manage maintain and operate the improved community facilities and making them available to the local residents/communities.
EDC strongly believes that because:
(a) It will not become the owner of the "improved community facilities";
(b) It is not under any statutory obligation to deliver the "improved community facilities";
(c) It does not receive any direct benefit from the delivery of the "improved community facilities";
The Funding Agreement does not amount to a public works contract, that the applicable procurement rules would apply to it.
two.2.11) Information about options
Options: No
two.2.14) Additional information
Works contract (via a Funding Agreement) to be awarded to Redrow.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- No tenders or no suitable tenders/requests to participate in response to open procedure
Explanation:
Redrow (developer) is to build houses on its land in the Ebbsfleet Valley area.
Redrow has obtained a planning permission, which imposed on them the delivery of certain community facilities on its land, the value of which was estimated to be around £3 million.
EDC, as the public corporation responsible for regeneration of the Ebbsfleet Valley area, would like to improve and enrich the Redrow community facilities for the benefit of (use/enjoyment by) the local Ebbsfleet Valley communities. The additional cost for the delivery of the "improved community facilities" is £8 million taking the total estimated works value to £11 million.
EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority.
After the completion of "improved community facilities", Redrow will pass the ownership of the improved community facilities to an independent Community Trust, managed by independent Trustees to manage maintain and operate the improved community facilities and making them available to the local residents/communities.
EDC strongly believes that because:
(a) It will not become the owner of the "improved community facilities";
(b) It is not under any statutory obligation to deliver the "improved community facilities";
(c) It does not receive any direct benefit from the delivery of the "improved community facilities";
The Funding Agreement does not amount to a public works contract, that the applicable procurement rules would apply to it.
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
Delivery of improved community facilities
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
18 October 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
REDROW PLC
Redrow House, St David's Park, Ewloe
Flintshire
CH5 3RX
Country
United Kingdom
NUTS code
- UKL23 - Flintshire and Wrexham
Companies House
2877315
Internet address
https://www.redrow.co.uk/contact-us
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: £11,000,000
Lowest offer: £8,000,000 / Highest offer: £11,000,000 taken into consideration
Section six. Complementary information
six.3) Additional information
EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority.
EDC takes the view that because it does not receive any benefit from the delivery of the "improved community facilities", the Funding Agreement does not amount to a public works contract, which should be award in accordance with the applicable procurement rules.
six.4) Procedures for review
six.4.1) Review body
Ebbsfleet Development Corporation
The Observatory, Castle Hill Drive
Ebbsfleet
DA10 1EE
procurement@ebbsfleetdc.org.uk
Country
United Kingdom