Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Bolton Council
3rd Floor Bolton Town Hall, Victoria Square
Bolton
BL1 1RU
UK
Contact person: Mrs Sarah Atherton
Telephone: +44 0
E-mail: sarah.atherton@bolton.gov.uk
NUTS: UKD3
Internet address(es)
Main address: http://www.bolton.gov.uk/
Address of the buyer profile: http://www.bolton.gov.uk/
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
Voluntary Ex Ante Transparency Notice (VEAT) - Farnworth Town Centre Development Scheme
Reference number: DN672415
II.1.2) Main CPV code
45000000
II.1.3) Type of contract
Works
II.1.4) Short description
The contracting authority is not awarding a contract - This is a 30 day VEAT Notice in respect of the proposed Farnworth Town Centre Development Scheme, due to commence on or around 3 July 2023.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
28 200 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
45000000
II.2.3) Place of performance
NUTS code:
UKD3
II.2.4) Description of the procurement
The scheme is publicly funded through an agreed funding strategy comprising a combination of grant and loan financing from Bolton Council, Future High Street Funds, Brownfield funds, and lending from Greater Manchester Combined Authority (“GMCA”).
Bolton Council intends to enter into an Option Agreement, with an annexed Buy Back Option and a Price & Overage Deed with Capital & Centric (Cocoon) Ltd. (“C&C”) for the planned regeneration development at Farnworth Town Centre.
The Option Agreement places an obligation on Bolton Council to sell the land at Farnworth Town Centre to C&C should C&C exercise the option.
Should C&C exercise the option to buy the land, it can as the developer, develop the land in accordance with planning permission (subject to permitted variations) if it chooses to, but is not required to do so.
Bolton Council can exercise the Buy Back Option if;
i. The funding agreement with GMCA is not entered into in line with the agreed funding strategy; and/or
ii. A forward purchase agreement is not entered into in line with the agreed funding strategy; and/or
iii. There is, broadly, an insolvency event in relation to C&C; and/or
iv. Practical completion of the development is not reached within a certain timeframe.
The Price & Overage Deed allows for deferred consideration payable for the property to Bolton Council shortly after practical completion which will be secured by way of a charge.
II.2.5) Award criteria
Cost criterion: Price & Quality
/ Weighting: 100%
II.2.11) Information about options
Options:
No
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 IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation
Bolton Council considers that the contract with C&C for the regeneration development at Farnworth Town Centre falls outside the scope of Public Contract Regulations 2015 (“PCR 2015”) as it is not a public works contract.
The site at Farnworth Town Centre has been fully vacant for twelve months and provides an opportunity for land disposal and development to regenerate the area. The development will include a varied mix of residential units and commercial units.
Whilst Bolton Council has set certain requirements in relation to any development that takes place, C&C is not required to develop the land at all. In any event, if C&C does develop the land, certain variations are permissible to the requirements.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract
Title: Voluntary Ex Ante Transparency Notice (VEAT) - Farnworth Town Centre Development Scheme
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
30/05/2023
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Capital & Centric (Cocoon) Limited
13742684
Phoenix, 72 Chapeltown Street
Manchester
M1 2EY
UK
NUTS: UKD3
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot:
Total value of the contract/lot:
: 28 200 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Bolton Council
Town Hall, Victoria Square
Bolton
BL1 1RU
UK
VI.5) Date of dispatch of this notice
30/05/2023