Section one: Contracting authority/entity
one.1) Name and addresses
Rochdale Metropolitan Borough Council
Number One Riverside
Rochdale
OL16 1XU
Contact
Julie Sherratt
julie.sherratt@rochdale.gov.uk
Telephone
+44 1706927050
Country
United Kingdom
Region code
UKD3 - Greater Manchester
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Develop Plot R2, Michael Faraday Avenue, Kingsway Business Park, Rochdale for a research and development building
Reference number
DN751907
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
The Council intends to invest third party grant funding by entering into a Development Funding Agreement (“DFA”) with Wilson Bowden Developments Limited (“WBD”). The DFA will develop Plot R2, Michael Faraday Avenue, Kingsway Business Park, Rochdale (the “Property”) for a research and development building (Use Class E) including office, laboratory and production space, function space and café, to be known as the Sustainable Materials and Manufacturing Centre (the “Project”).
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: £2,000,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKD3 - Greater Manchester
two.2.4) Description of the procurement
The Council intends to invest third party grant funding by entering into a Development Funding Agreement (“DFA”) with Wilson Bowden Developments Limited (“WBD”). The DFA will develop Plot R2, Michael Faraday Avenue, Kingsway Business Park, Rochdale (the “Property”) for a research and development building (Use Class E) including office, laboratory and production space, function space and café, to be known as the Sustainable Materials and Manufacturing Centre (the “Project”)
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
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
The Council relies on Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015 to enter into the DFA with WBD to develop the Property.
The Council commissioned an Employment Land Analysis from an independent international real estate property consultancy. This provided robust evidence to support the Council's decision not to select an alternative site within the Rochdale Borough, and why the Property is suitable for the Project.
The Council relies on Regulation 32(2)(b)(iii) for the following reasons:
• in 2002, the North West Development Agency ("NWDA") entered into a Joint Venture Agreement (“JVA”) with WBD, which granted WBD with exclusive rights to draw down land at the Kingsway Business Park (“Site”) from Homes England, and either develop the land itself or sell it to other developers. The land is controlled by WBD through the JVA.
• an alternative developer does not exist, as WBD has exclusive rights to purchase land from Homes England on the Site and, to select an alternative developer, the Council would first have to purchase it from Homes England through exercise of statutory powers (which would not necessarily be possible).
• the Council cannot conduct a procurement to select a development partner, as WBD were previously selected by the NWDA to deliver works on the Site. The Council cannot contract with another third-party developer; the only developer that the Council can contract with to deliver the Property is WBD.
• the Site is effectively unique as the Council’s requirements cannot be met on another site in the Rochdale Borough, and it is the only one of its size that allows further expansion for research and development. As part of the DFA, the Council will enter into an option agreement for two adjacent plots to the Property to allow the Council to acquire and procure the development of such plots for research and development. The development of the Property will act as a catalyst to deliver additional advanced manufacturing/machinery/materials and research & development related activities to create an innovation mega-cluster, bringing growth to the Rochdale Borough.
• the Property is a strategic site, and the development is not suited to another parcel of land in the Rochdale Borough.
• a key consideration when selecting the Property was accessibility and public transport links to the Property. The Property was preferred due to its links to the road network being a short distance from the M62 and adjacent to the Kingsway Business Park Metrolink Tram Stop providing excellent public transport access.
• the Property is within the boundary prescribed by the third-party grant funding, and the development is deliverable within the grant funding timescales.
• the existing land ownership and contractual background means that the competition is absent for technical reasons under Regulation 32(2)(b)(iii).
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
Sustainable Materials & Manufacturing Centre
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
13 November 2024
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
Wilson Bowden Developments Ltd
Barratt House, Cartwright Way
Bardon Hill
LE67 1UB
Country
United Kingdom
NUTS code
- UK - United Kingdom
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: £2,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
London
WC2A 2LL
Country
United Kingdom