Section one: Contracting authority/entity
one.1) Name and addresses
Torus62 Limited
Helena Central, 4 Corporation Street
St Helens
WA9 1LD
Contact
Procurement Manager
Telephone
+44 7718707048
Country
United Kingdom
Region 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
Phoenix House Development
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Intention to award a Public Works contract under Regulation 32(2) (b) (iii) of the Public Contract Regulations 2015 for the development of a single site at Phoenix House, Winsford. The Negotiated Procedure without Prior Publication is being followed and is justified under Regulation 32 (2) (b) (iii).
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: £19,624,440
two.2) Description
two.2.2) Additional CPV code(s)
- 45000000 - Construction work
- 45211100 - Construction work for houses
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 Notice sets out the contracting authority’s intention to award a works contract using the negotiated procedure without prior publication, in accordance with Regulation 32 of the Public Contracts Regulations 2015.
The contracting authority is proposing to award a works contract to Equans Regeneration Limited Company Number 01738371 (“Equans”).
The works contract will be in the form of a JCT Design and Build contract (2016 edition) with Schedule of Amendments and will provide for the development of 99 homes by Equans.
The works contract is intended to commence on or after January 2024 (subject to final agreement) and the works are intended to be completed in 2025. The contract value is estimated to be £19,624,440 excluding VAT.
The works can only be provided by a particular economic operator for the following reason: protection of exclusive rights under Regulation 32 (2) (b) (iii) of the Public Contracts Regulations 2015.
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
two.2.14) Additional information
This VEAT notice demonstrates the intention to award a public works contract using the Negotiated Procedure without prior publication (Regulation 32 (2) (b) (iii)). The detailed explanation for the use of the negotiated procedure without prior publication is set out in Annex D. This contract has not yet been entered into and a contract award notice will be published following award.
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 works can only be provided by a particular economic operator for the following reason: protection of exclusive rights under Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015. The contracting authority has been approached by Cheshire West and Chester Borough Council (“the Council”), Cowest Services Limited (“Cowest”)and Equans regarding the freehold sale of land and buildings at Phoenix House Depot, Weaver Street, Winsford, Cheshire, a site currently within the Council’s ownership which it wishes to transfer for the development of 99 homes (“the Site”). The Council intends that the development of the Site will be carried out by Cowest, a joint venture company co-owned by the Council and Equans. Cowest has selected Equans as the contractor to carry out the development at the Site. The Council, Equans and Cowest approached the contracting authority as a registered provider of social housing, with the proposal that the contracting authority will take ownership of the Site and act as landlord in relation to the affordable homes once developed. The proposed structure of the transaction is as follows: 1.The Council agrees to transfer the Site to Cowest under its joint venture arrangement. 2.Cowest agrees to transfer the Site to Equans, (selected by Cowest as the contractor to carry out the works). 3. Equans agrees to transfer the Site to the contracting authority. A sale of land agreement will be entered into by all four parties. The sale of land agreement provides for the Council to transfer the Site to the contracting authority at the direction of Cowest and Equans. The transfer of the Site will therefore be directly from the Council to the contracting authority, in accordance with this direction. The value of the transfer is £1. This object of this element of the transaction is the transfer of land. It is a contractual condition in the sale of land agreement that Equans is appointed by the contracting authority to carry out the development works. The contracting authority therefore considers that the works can be supplied by only one economic operator, Equans, as it has exclusive rights in relation to the development and it is a condition of the sale that the contracting authority appoints Equans to carry out the works. The contracting authority further considers that the Council holds exclusive rights over the Site as the Site owner, which rights will pass to Cowest and Equans. This opportunity for the contracting authority to develop the Site exists solely as a result of those rights and the absence of competition is not a result of artificial narrowing down of the parameters of the procurement by the contracting authority. The contracting authority considers that no reasonable alternative or substitute exists as this opportunity was presented to it by the Council, Cowest and Equans and there is no reasonable alternative route to purchase the Site without it being a condition of sale for the contracting authority to appoint Equans to undertake any development works.
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
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
6 December 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
Equans Regeneration Limited
First Floor, Neon, Q10, Qurorum Business Park, Benton Lane
Newcastle Upon Tyne
NE12 8BU
Country
United Kingdom
NUTS code
- UKD - North West (England)
National registration number
01738371
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: £19,624,440
Section six. Complementary information
six.3) Additional information
This VEAT notice demonstrates the intention to award a public works contract using the Negotiated Procedure without prior publication (Regulation 32 (2) (b) (iii)). This contract has not yet been entered into and a contract award notice will be published following award.
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=765938797" target="_blank">https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=765938797
GO Reference: GO-2023127-PRO-24711958
six.4) Procedures for review
six.4.1) Review body
High Court of England of Wales
Royal Courts of Justice, The Strand
London
WC2A 2LL
Country
United Kingdom