North London NHS Foundation Trust

London

UK

E-mail: philip.britt1@nhs.net

NUTS: UKI

Internet address(es)

Main address: https://www.northlondonmentalhealth.nhs.uk

II.1.1) Title

II.1.2) Main CPV code

70120000

II.1.3) Type of contract

Services

II.1.4) Short description

The Trust originally entered into a Master Developer Framework Agreement with KC (SPH) Limited Partnership ("KCSPH") and King's Cross Central LP ("KCCLP") following the conclusion of a regulated procurement exercised commenced on 5 July 2018 in accordance with the Public Contracts Regulations 2015 (Contract Notice ref: 2018/S 127-288786) (the "Underlying Contract"). After having entered into the Underlying Contract, KCCLP has subsequently changed its name to the King's Cross Group LP ("KCGLP")

This CAN gives notice that the Trust is terminating the Underlying Contract. It is instead effecting a sale of most of the land which is currently the subject of the Underlying Contract to KCSPH ("Disposal") under a new contract (the "New Contract") KCSPH and KCGLP will accordingly no longer be subject to the development obligations set out in the Underlying Contract.

Instead, the Trust will retain part of the originally-identified site (a stand-alone building and its curtilage known as "South Wing") and will carry out its own refurbishment of it. That refurbishment will not be an obligation of KCSPH but will be separately procured by the Trust.

KCSPH's only works obligation will be to construct a new service yard necessary to separate South Wing from the land being acquired by KCSPH and to enable the Trust to access South Wing after the Disposal ("Service Yard Works") along with the relocation of a substation and generator (and associated cabling) which supply power ("Electricity Supply Works") to South Wing. The Trust has therefore concluded:

• That the Disposal is not a covered procurement for the purposes of the Procurement Act 2023; specifically

• That the Disposal is the main object of the New Contract; and

• That the Service Yard Works and the Electricity Supply Works are merely ancillary to the Disposal, being necessary to enable the Disposal.

The Trust is accordingly of the view that it is not obliged to publish a Contract Award Notice, but it has resolved to do so in the interests of transparency given the history of dealings between the parties as set out above.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 78 000 000.00  GBP

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

The Trust originally entered into a Master Developer Framework Agreement with KC (SPH) Limited Partnership ("KCSPH") and King's Cross Central LP ("KCCLP") following the conclusion of a regulated procurement exercised commenced on 5 July 2018 in accordance with the Public Contracts Regulations 2015 (Contract Notice ref: 2018/S 127-288786) (the "Underlying Contract"). After having entered into the Underlying Contract, KCCLP has subsequently changed its name to the King's Cross Group LP ("KCGLP")

This CAN gives notice that the Trust is terminating the Underlying Contract. It is instead effecting a sale of most of the land which is currently the subject of the Underlying Contract to KCSPH ("Disposal") under a new contract (the "New Contract") KCSPH and KCGLP will accordingly no longer be subject to the development obligations set out in the Underlying Contract.

Instead, the Trust will retain part of the originally-identified site (a stand-alone building and its curtilage known as "South Wing") and will carry out its own refurbishment of it. That refurbishment will not be an obligation of KCSPH but will be separately procured by the Trust.

KCSPH's only works obligation will be to construct a new service yard necessary to separate South Wing from the land being acquired by KCSPH and to enable the Trust to access South Wing after the Disposal ("Service Yard Works") along with the relocation of a substation and generator (and associated cabling) which supply power ("Electricity Supply Works") to South Wing. The Trust has therefore concluded:

• That the Disposal is not a covered procurement for the purposes of the Procurement Act 2023; specifically

• That the Disposal is the main object of the New Contract; and

• That the Service Yard Works and the Electricity Supply Works are merely ancillary to the Disposal, being necessary to enable the Disposal.

The Trust is accordingly of the view that it is not obliged to publish a Contract Award Notice, but it has resolved to do so in the interests of transparency given the history of dealings between the parties as set out above.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: No

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:

2018/S 127-288786

KC (SPH) Limted Partnership

LP020656

London

UK

NUTS: UKI

The contractor is an SME: No

VI.4.1) Review body