Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Scarborough Borough Council
GB 168 4442 44
Town Hall, St Nicholas Street
Scarborough , North Yorkshire
YO11 2HG
UK
Contact person: David Gomersall
Telephone: +44 1723232344
E-mail: david.gomersall@scarborough.gov.uk
NUTS: UKE2
Internet address(es)
Main address: https://www.scarborough.gov.uk/
Address of the buyer profile: https://yortender.eu-supply.com/ctm/Company/CompanyInformation/Index/104120
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://yortender.eu-supply.com
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://yortender.eu-supply.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
Borough of Scarborough JV Partnership
Reference number: SBC/001
II.1.2) Main CPV code
70000000
II.1.3) Type of contract
Services
II.1.4) Short description
Scarborough Borough Council (the “Council”) is committed to increasing the quantum and quality of affordable homes across the Borough. It is therefore seeking a strategic development partner for 30 years to fund, enable, develop, and undertake sales activity across a programme of sites within the Borough, via a 50:50 corporate joint venture (“JV”) arrangement. The JV’s purpose will be to deliver good quality and environmentally sustainable homes, with a focus on accelerating the provision of affordable housing and generating social value. The Council is proposing 8 Initial Sites from its landholdings portfolio to be committed to the JV from the outset and it may deliver additional Council owned sites through the partnership over its lifetime. The JV could also purchase its own sites from a third party or the JV partner could offer sites to the JV.
II.1.5) Estimated total value
Value excluding VAT:
3 900 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
45000000
45211000
70110000
70120000
70331000
70332000
71500000
II.2.3) Place of performance
NUTS code:
UKE2
II.2.4) Description of the procurement
The Council is committed to increasing the quantum and quality of affordable homes across the Borough. It is therefore seeking a strategic development partner for 30 years to fund, enable, develop, and undertake sales activity across a programme of sites within the Borough via a 50:50 corporate JV arrangement. The JV’s purpose will be to deliver good quality and environmentally sustainable homes, with a focus on accelerating the provision of affordable housing and generating social value.
The Council is proposing 8 Initial Sites from its landholdings portfolio to be committed to the JV from the outset (the ‘Category A’ and Category B’ sites) and it may deliver additional Council owned sites through the partnership over its lifetime (the ‘Category C’ sites). The JV could also purchase its own sites from a third party or the JV partner could offer sites to the JV (the ‘Category D’ sites). For further information on the initial and further sites, and the approach to their investment/acquisition please refer to the draft procurement documents being released at this stage (specifically the draft Invitation to Submit Detailed Solutions (“ISDS”), which includes Key Principles and draft Contracts, and the Descriptive Document).
The estimated contract value of this opportunity is between 130 000 000 GBP and 3.9bn GBP and is based on the estimated gross development value for the 8 Initial Sites (‘Category A’ and ‘Category B’ sites) and a reasonable forecast for any ‘Category C’ and ‘Category D’ sites that may be delivered by the JV during the term of the Contracts. The range is broken down as follows: the estimated gross development value for the 8 Initial Sites (‘Category A’ and ‘Category B’ sites) is between 130 000 000 GBP and 160 000 000 GBP; the estimated gross development value for ‘Category C’ sites within the existing geographical area of the Council and ‘Category D’ sites that the JV purchases from a third party or where the JV partner offers sites to the JV is between is between 575 000 000 GBP and 775 000 000 GBP; and the estimated gross development value for ‘Category C’ and ‘Category D’ sites within the geographical area of the Council’s successor is between 2.8bn GBP and 3.9bn GBP.
On 22 July 2021 the Secretary of State for Housing, Communities & Local Government announced, subject to Parliamentary approval, a local government reorganisation for North Yorkshire which will create a single unitary for the whole of the administrative county of North Yorkshire. It is currently understood that the Secretary of State intends around the turn of the year to lay before Parliament the draft Orders which, if approved by Parliament, will give effect to the decision, leading to elections for the unitary council in May 2022 and for the council to be fully up and running from April 2023. It is therefore currently anticipated that, in the event the decision is approved, the relevant Contracts will be entered into by the Council and then they may be novated and/or partnership interest transferred to (as appropriate) the successor body to the Council. All references in this Contract Notice to the Council or its area include, where appropriate and unless the context requires otherwise, references to the Council’s successor. All references to the Borough are to the geographical area of the Council or the geographical area of the Council’s successor.
Further details of this opportunity are set out in the procurement documents. Please see Section V1.3 for details relating to the procurement documents being released at this stage.
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:
3 900 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 360
This contract is subject to renewal: No
II.2.9) Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 5
Objective criteria for choosing the limited number of candidates:
As set out within the Council's Selection Questionnaire ("SQ")
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
Yes
Description of options:
See Section II.2.4 for further information on sites.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
The procurement will be conducted in accordance with the Public Contracts Regulations 2015 as amended, and successor legislation which may follow, using the competitive dialogue procedure as set out in Regulation 30 of the Public Contract Regulations 2015.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
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
Where bidders are bidding as part of a group of economic operators (e.g., a consortium), the Council reserves the right to require bidders to assume a specific legal form for the purpose of the award of the contracts (e.g., establishing a special purpose vehicle (“SPV”) to act as the PSP member of the JV). Furthermore, where an economic operator relies upon the capacities of other entities with regard to criteria relating to economic and financial standing, the Council reserves the right to require that the economic operator and those entities to be jointly and severally liable.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Competitive dialogue
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.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2020/S 182-440737
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
13/12/2021
Local time: 12:00
IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date:
21/01/2022
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.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 1723232323
Internet address(es)
URL: www.justice.gov.uk
VI.4.2) Body responsible for mediation procedures
High Court of England and Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Internet address(es)
URL: www.justice.gov.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 intention to award the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Council before any contracts are entered into. If an appeal regarding the award of such contracts 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 Courst
Royal Courts of Justice
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.5) Date of dispatch of this notice
10/11/2021