Procurement description
The Project is for the delivery of multiple social housing units in areas of acute housing need.
Developers must provide the land, design, and construction and
ensure completion of the scheme for Apex in accordance with the DfC Housing Association Guide, Client's Requirements and statutory body requirements.
Developers should note that the maximum size of development that it is envisaged will be eligible for DfC funding is 40 units. While there may be some limited tolerance above this
number, any Tender Responses proposing a development with a number of units in excess of 110% of this number is unlikely to be acceptable and may be rejected and not considered as part of the evaluation.
If a Developer has a site that will facilitate a development in excess of the maximum
numbers, it is open to such Developer to split their site into a number of smaller phases or schemes (each of which individually is less than the maximum numbers set out above) to
be delivered across a number of financial years. If a Developer adopts this approach they will need to submit their proposals for each phase or scheme as a separate Tender
Response, which will be evaluated individually on its own merits. Developers must note that the prices for any subsequent schemes or phases will remain fixed and as such any increase in prices (e.g. due to price inflation) for later schemes or phases (that may not be expected to be delivered for a number of years) will need to be incorporated into the fixed prices included in a Developer's Tender Response.
Following evaluation of Tender Responses, Apex will rank the Developer's Tender Responses. Apex thereafter anticipates contracting with one or more of the highest ranked Developers. Apex can determine at its sole discretion how many Developers it will contract with, and ultimately Apex will make this assessment on whether to contract with one or more Developers based on affordability including in the context of the availability of
DfC funding. Apex reserves the right to make staggered awards to one or more Developers over a period of 12 months from the Tender Submission Time and Date.
Developer's should note that once awarded the prices included in the conditional sale agreement will remain fixed, even if it takes some time for the conditions to be satisfied. In
view of the acute housing need, Apex would expect Developer's to propose schemes where they envisage that all conditions would be satisfied within a period no later than 48
months after award.
If Apex elects to contract with a Developer it shall enter into a conditional sale agreement.
The Developer shall work with Apex to secure Apex approval of the detailed design and secure planning approval (at risk) (in accordance with the conditional sale agreement)
which will enable Apex to apply to NIHE for funding. Apex and the Developer will be required to work cooperatively to finalise the proposal and to secure these approvals (at
risk). Developers should note that due to funding and affordability issues, Apex may be constrained in relation to the number of schemes that it can deliver in any single financial
year, this may impact on the timing for the satisfaction of the conditions, but Apex would expect that it would only enter into a conditional agreement if it envisaged that,
notwithstanding any funding and affordability restrictions, the necessary conditions could be satisfied within 48 months of contract award. For the avoidance of doubt, Apex can
elect to cancel the conditional sale agreement at any stage if the Developer cannot satisfy the conditions contained in it.
Apex is inviting Developers, who can demonstrate that they either:
(a) own the site and can provide clear non-encumbered title to Apex; or
(b) have an exclusive arrangement with the Site Owner enabling the transfer of the site to
Apex with clear non-encumbered title.
to submit proposals for the provision of social housing on the site. Apex anticipates that the minimum size of development which it will consider as part of the evaluation is 20 units, however, it reserves, at its sole discretion, the right to contract with a Developer in respect of a site with fewer units.