Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Brentwood Borough Council
Town Hall, Ingrave Road
Brentwood
CM15 8AY
UK
Contact person: Jane Mitchell
Telephone: +44 1277312583
E-mail: jane.mitchell@brentwood.gov.uk
NUTS: UKH3
Internet address(es)
Main address: www.brentwood.gov.uk
Address of the buyer profile: https://www.delta-esourcing.com
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
http://www.delta-esourcing.com/tenders/UK-UK-Brentwood:-Real-estate-services./HVWQ2B86M3
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
www.delta-esourcing.com
Tenders or requests to participate must be sent to the abovementioned address
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Procurement of a partner(s) for the Brentwood Asset Development Programme and related framework agreement.
II.1.2) Main CPV code
70000000
II.1.3) Type of contract
Services
II.1.4) Short description
Brentwood Borough Council is seeking to procure a partner(s) for its asset development programme. The council has a substantial portfolio of surplus land and property that can either be disposed of or developed. The council wishes to take an active role in development through the partnership, to improve the financial returns to the council and increase the pace of delivery. The council therefore seeks a partner(s) with development and funding expertise to work with it to identify opportunities from its land holdings, and bring forward development and funding of sites. The partner(s) will carry out demolition, preparation, design, build, finance, operation, management and maintenance of mixed-use development and regeneration schemes, including (but not limited to) housing, retail, commercial units, public spaces, and leisure facilities. The council reserves the right to independently pursue investment opportunities and land acquisitions during the lifetime of the partnership.
II.1.5) Estimated total value
Value excluding VAT:
1 000 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
71000000
45210000
45211360
45211300
45211340
45211341
45211350
45214000
45214200
45214210
45214300
45233260
45453100
45112700
45111000
71220000
71240000
71247000
71251000
71400000
71540000
71530000
71315200
70000000
70110000
70123100
70331000
70332200
45262700
50700000
50710000
45259300
45330000
90920000
77314000
79993000
79211000
79211100
71311000
71312000
55250000
70120000
70300000
71541000
70111000
70112000
70210000
70220000
70123200
45111291
70332100
70330000
II.2.3) Place of performance
NUTS code:
UKH3
Main site or place of performance:
Essex.
II.2.4) Description of the procurement
JV Partner.
The primary purpose of this procurement is to procure a strategic partner(s) for Brentwood Borough Council (the Council) for a contract term of 30 years.
The council is proposing a particular structure for the partnership, however, it is open to the market to design a solution that meets its objectives and therefore this structure is not mandatory. The Council is pursuing a partnership approach with a view to securing the optimum solution with a partnership structure which best suits that solution.
The council intends to enter into a partnership agreement (“Partnership Agreement”) under which a partner(s) will be appointed to carry out demolition, preparation, design, build, finance, operation and maintenance of mixed-use development and regeneration schemes, including (but not limited to) housing, retail, new residential units, commercial units, public spaces, and leisure facilities. There may be a requirement for the partner(s) to undertake other specialist areas such as highway works, grounds maintenance, facilities management, and repairs and maintenance works under the arrangement. The type of legal entity who will appoint the contractor(s) could vary depending on tenderers’ proposals.
The council will invest its land in the partnership but all other funding approaches are to be developed as part of the funding solution developed through the competitive dialogue procedure. The Council recognises the opportunity for it to act as a senior lender and is willing to consider any structural mechanisms /alternative joint venture structures that may deliver commercial benefit to both parties. The securing of capital, funding and /or investment will form part of the partnership solution, as will the marketing and positioning of the real estate developed.
The partner(s) will provide its development expertise, equity investment and access to private funding. The partnership will fund and deliver a programme of sites (including residential, commercial, community and other schemes) which are identified and declared as surplus by the council. The council and its partner(s) will share in any financial returns from the sale or rental of the development sites in a manner that is commensurate with the risks taken.
Framework agreement.
In addition to the partnership agreement, the council is acting as a central purchasing body through which the contracting authorities listed in Section VI.3 (the “Participating Bodies”) may wish to procure a substantially similar partnership to that under the partnership agreement under a separate framework agreement. There is no obligation on the participating bodies to participate and the council gives no guarantee or warranty as to the nature or volume of the partnership services /works, if any, to be called off.
II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6) Estimated value
Value excluding VAT:
1 000 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/04/2019
End:
31/03/2049
This contract is subject to renewal: No
II.2.9) Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Objective criteria for choosing the limited number of candidates:
As set out in the selection questionnaire.
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
Yes
Description of options:
Additional works, services or supplies may be purchased as a result of the award of this procurement.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
Information and formalities necessary for evaluating if requirements are met in accordance with Article 58 of the Directive 2014/24/EU of the European Parliament and of the council and Regulation 58 of the public contracts Regulations 2015 are set out in the selection questionnaire which is available from the address in Part I.1.
III.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
As set out in the procurement documents.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Competitive dialogue
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement with a single operator.
IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
04/05/2018
Local time: 12:00
IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date:
08/06/2018
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 12 (from the date stated for receipt of tender)
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
No
VI.3) Additional information
JV PartnerThe minimum requirements of the partner(s) include:
-To optimise opportunities from a portfolio of property assets that will generate new long term financial returns(both capital and revenue);-The use of the partnership vehicle must deliver a greater total financial return to the Council than the returnwhich could be achieved through its current approach;
-To drive the pace of development;
-To develop a quality brand for the developments, aimed at safeguarding the long term financial prosperity of thepartnership; and
-To build a long term relationship with a partner(s) with aligned objectives/visions and to utilise their expertise.
Framework Agreement
The Participating Bodies are:
Basildon CouncilBraintree
District CouncilCastle
Point Borough Council
Chelmsford City Council
Colchester Borough Council
Epping Forest District Council
Harlow Council
Maldon District Council
Rochford District Council
Southend on Sea Borough Council
Tendring District Council
Thurrock Council
Uttlesford District Council
Essex County Council
Essex Fire & Rescue Service
Essex Police
Kent Police
Greenfields Community Housing Ltd
Estuary Housing Association Ltd
The Havebury Housing Partnership
Chelmer Housing Partnership
Accordingly, it is the intention that the Participating Bodies should be able to rely on this procurement to accesssuch partnering services/works without the need for any procurement process in accordance with Regulation 33of the Public Contracts Regulations 2015.
The Council envisages awarding any Framework Agreement at the same time as the Partnership Agreementand any such Framework Agreement is anticipated to commence in or approximately 18 months after thePartnership Agreement with the Council has commenced, though the Council reserves the right to commencethe Framework Agreement earlier. The duration of any call-off contract under the Framework Agreement willnot necessarily be limited to the 4 year term but the term will be governed by the subject matter of the call offcontract. The form of the call-off contract shall be substantially the same as the Partnership Agreement subjectto the right to make specific amendments in respect of an individual call-off.
The Council reserves the right to award only the Partnership Agreement and not to award the FrameworkAgreement or alternatively for the Partnership Agreement and the Framework Agreement to commence on thesame date or different dates.
1— The council is keen to ensure that the procurement is open to a wide market and that there is genuine competition. The resources and range of services needed for the partnership are such that the council understands that it may receive applications from:
— a single organisation delivering the entire solution,
— organisations that may wish to collaborate to form a consortium, (either by forming a separate legal entity or in unincorporated grouping) to contract with the contracting authority with or without a variety of Subcontractor(s), or
— a consortium which consists of a prime contractor with a variety of subcontractor(s).
2— In addition to the partnering agreement, the council is procuring a framework agreement. The estimated value of the framework agreement (excluding VAT) is anticipated to be within the range of 10 000 000 GBP to 500 000 000 GBP.
3— All Applicants are solely responsible for their costs and expenses incurred in connection with the preparation and submission of the SQ and all future stages of the selection and award process. Under no circumstances will the council or any of it advisers be liable for any costs or expenses borne by the applicant or its associated relevant organisations or any of its advisers in this process whether the applicant is successful or otherwise.
For more information about this opportunity, please visit the Delta eSourcing portal at:
https://www.delta-esourcing.com/tenders/UK-UK-Brentwood:-Real-estate-services./HVWQ2B86M3
To respond to this opportunity, please click here:
https://www.delta-esourcing.com/respond/HVWQ2B86M3
GO Reference: GO-2018323-PRO-12116063.
VI.4) Procedures for review
VI.4.1) Review body
Royal Courts of Justice
London
WC2A 2LL
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
Precise information on deadline(s) for review procedures:
The council will incorporate a minimum 10 calendar days standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the council before the contract is entered into. If an appeal regarding the award of the contract has not been successfully resolved, the public contracts Regulations 2015 provide for aggrieved parties who have been harmed or who are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).
VI.4.4) Service from which information about the review procedure may be obtained
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.5) Date of dispatch of this notice
23/03/2018