VOLUNTARY EX ANTE TRANSPARENCY NOTICE

Section I: Contracting Authority/Entity

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

Agreement relating to the sale of land and development of student accommodation and academic space at 37-39 Peckham Road, London SE5 8UH.

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

Camberwell College of Arts ('the College') forms part of the University of Arts London (UAL) and is located at 45-65 Peckham Road, London SE 5 8UF. The intended variation to the contract involves the additional works for the extension of the College's academic buildings on a site immediately adjacent to the College at 37-39 Peckham Road, SE5 8UH, the freehold of which is held by a subsidiary of Hollybrook Limited and which is intended to form part of a planned extended College campus to include both student accommodation and academic space. It is proposed that Hollybrook Limited would also be providing site accommodation for UAL to maintain its provision of teaching space on its Wilson Road site whilst the Peckham Road extension is being built. As indicated in Annex D of this Notice, for reasons of protection of exclusive rights in relation to this site the development can only be carried out by Hollybrook Limited.

II.1.5)

Common Procurement Vocabulary (CPV)

II.1.6)

Contract covered by the government procurement agreement (GPA)

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

IV.3.2)

Previous publication(s) concerning the same contract

Other previous publications

Section V: Award of contract

Contract No:

 Lot Number: 

 Title: 

V.1)

Date of contract award decision:

V.2)

Numbers of offers received:

V.3)

Name and address of economic operator to whom the contract has been awarded

V.4)

Information on value of contract

V.5)

The contract is likely to be subcontracted

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

VI.2)

Additional Information

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

VI.3.3)

Service from which information about the lodging of appeals may be obtained

VI.4)

Dispatch date of this Notice

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

a) No tenders or no appropriate tenders in response to:

	Open procedure
	Restricted procedure

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

	Technical
	Artistic
	Connected with the protection of exclusive rights

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g)Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

	from a supplier which is definitely winding up its business activities
	from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU:

k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC

l) The contract falls outside the scope of application of the relevant directive.

In addition to the box(es) ticked above please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the OJEU is lawful, stating in any case the relevant facts, and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum):

UAL has for some time planned to extend the existing College and to create a campus to inspire the local community and improve the quality of service for students by building student accommodation and extending its current academic and ancillary offer. Due to listed nature of the existing college building and having no room for expansion, creating a campus akin to other UAL sites has proved difficult. A subsidiary of Hollybrook Limited ('Hollybrook') owns the Site (37-39 Peckham Road, SE5 8UH) adjacent to the College and under an existing agreement has agreed to sell a Site complete with Student accommodation on condition that it has exclusive rights to carry out the development of the site. The parties are now seeking to vary the agreement to include an extension of that agreement to include the extension of the College's existing academic building into this adjacent Site. UAL recognises that a contract for the design and building of academic accommodation and provision of temporary teaching facilities may constitute a public works contracts under the Public Contracts Regulations 2015, however it considers that it is entitled to award the contract to Hollybrook through use of the negotiated procedure without prior publication of a contract notice in the OJEU for reasons connected with the protection of exclusive rights, the relevant works can only be carried out by Hollybrook as the owner and developer of the Site in question. UAL will observe a minimum standstill period of 10 days from the date of publication of this notice.