Tulse Hill Joint Venture Development Project

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-02eff0-2021-10-26T11:39:01+01:00",
    "date": "2021-10-26T11:39:01+01:00",
    "ocid": "ocds-h6vhtk-02eff0",
    "description": "It is intended that the contractual arrangements referred to in this notice following a minimum 10 day calendar day standstill period starting on the day after this notice is published in the UK Find a Tender Service. The Public Contracts Regulations 2015 (SI 2015 No 102) (as amended) (the Regulations) provide for aggrieved parties who have been harmed or who are at risk of harm by a breach of the Regulations to bring proceedings in the High Court. Any such proceedings must be brought within the limitation period specified by the Regulations according to the remedy sought.",
    "initiationType": "tender",
    "tender": {
        "id": "ocds-h6vhtk-02eff0",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "Tulse Hill Joint Venture Development Project",
        "status": "complete",
        "classification": {
            "scheme": "CPV",
            "id": "45000000",
            "description": "Construction work"
        },
        "mainProcurementCategory": "works",
        "description": "The Project is the carrying out of a mixed tenure housing development on the Site on the North West side of Avenue Park Road through a joint venture arrangement. Subject to detailed design / planning, it is anticipated that the development will comprise the construction of 110 new homes (tenure mix to be confirmed), 494 sqm commercial space floor space, and required infrastructure works.",
        "lots": [
            {
                "id": "1",
                "description": "The Project is the carrying out of a mixed tenure housing development on the Site on the North West side of Avenue Park Road through a joint venture arrangement. Subject to detailed design / planning, it is anticipated that the development will comprise the construction of 110 new homes (tenure mix to be confirmed), 494 sqm commercial space floor space, and required infrastructure works. The joint venture contractual arrangements between the parties will be structured as follows: (i) Metropolitan Living Limited (MLL) (an entity within the same group as Metropolitan Housing Trust (MHT) and Mount Anvil Avenue Park Road Limited will form a joint venture entity (the \"LLP\") on a 50/50 basis pursuant to the terms of an LLP Agreement; (ii) MHT will transfer a long leasehold interest in the Site to the LLP; (iii) The LLP will award a Construction Contract to Mount Anvil Limited for the carrying out of the construction works on the Site. The construction works will consist of the construction of the affordable and private sale units, the commercial floorspace and required infrastructure works (iv) The LLP will enter into a Development Management Agreement (DMA) with Mount Anvil (Development Management) Limited. Under the DMA Mount Anvil (Development Management) Limited will be providing pre- construction services, technical advice and project management of the detailed construction design, preparation of the business plan and project programme and all required reporting requirements to the LLP. It will also be providing administrative, corporate and financial services to the LLP including all required taxation, audit, accounting and payment requirements. (v) The LLP will sell the private units that are constructed on the Site on the open market; and (vi) MHT will enter into an Affordable Housing Development Agreement with the LLP for the delivery of the affordable housing units that are constructed on the Site. The affordable units will be retained by MHT following completion. It is anticipated that the LLP will be formed in the second half of 2021. In this Notice this entity shall be referred to as The LLP.",
                "hasOptions": false
            }
        ],
        "items": [
            {
                "id": "1",
                "deliveryAddresses": [
                    {
                        "region": "UKI"
                    }
                ],
                "deliveryLocation": {
                    "description": "Land and buildings on the North West side of Avenue Park Road, Tulse Hill, London"
                },
                "relatedLot": "1"
            }
        ],
        "procurementMethod": "limited",
        "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
        "coveredBy": [
            "GPA"
        ],
        "reviewDetails": "In accordance with Part 3 of the Public Contracts Regulations 2015",
        "procurementMethodRationaleClassifications": [
            {
                "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
                "id": "D_OUTSIDE_SCOPE",
                "description": "The procurement falls outside the scope of application of the directive"
            }
        ],
        "procurementMethodRationale": "The Contracting Authorities consider that the contractual arrangements referred to in section II.2.4 of this Notice fall outside the scope of the Public Contracts Regulations 2015 (PCR) for the following reasons: 1. The LLP Agreement is an agreement for the establishment, governance and operation of the LLP. It is not a works, services or supply contract for the purposes of the PCR, hence it falls outside of their scope. 2. The Site Transfer Agreement is an agreement for the disposal of an interest in land, and so is excluded from the scope of the PCR by virtue of Regulation 10(1)(a) of the PCR. It will not place the LLP under a positive and enforceable obligation to develop the Site to a specification prescribed by MHT. 3. The Construction Contract and DMA to be awarded by the LLP fall outside the scope of the PCR because the LLP will not meet the definition of a \"body governed by public law\" in Regulation 2(1) of the PCR nor, therefore, will it be classified as a \"contracting authority\" for the purposes of the PCR. This is due to the fact that the LLP will have a commercial character on account of it being a \"for profit\" entity with general commercial objects which exists for the predominant purpose of maximising profits from the development activities it undertakes. 4. The Affordable Housing Development Agreement is to be awarded by MHT to the LLP pursuant to Regulation 32(2)(b)(iii) of the PCR. Due to an exclusive right which the LLP will have at the point of award of the Agreement (being its ownership of the Site) MHT will only be able to appoint the LLP to deliver the affordable units for it. It will not be in position to procure the delivery of the affordable housing units from any other party."
    },
    "awards": [
        {
            "id": "026755-2021-1-1",
            "relatedLots": [
                "1"
            ],
            "title": "Tulse Hill Joint Venture Development Project - LLP Agreement",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-32772",
                    "name": "Mount Anvil Avenue Park Road Limited"
                }
            ]
        },
        {
            "id": "026755-2021-2-2",
            "relatedLots": [
                "1"
            ],
            "title": "Tulse Hill Joint Venture Development Project - Site Transfer Agreement",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-32773",
                    "name": "The LLP"
                }
            ]
        },
        {
            "id": "026755-2021-3-3",
            "relatedLots": [
                "1"
            ],
            "title": "Tulse Hill Joint Venture Development Project - Construction Contract",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-32774",
                    "name": "Mount Anvil Limited"
                }
            ]
        },
        {
            "id": "026755-2021-4-4",
            "relatedLots": [
                "1"
            ],
            "title": "Tulse Hill Joint Venture Development Project - Development Management Agreement",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-32775",
                    "name": "Mount Anvil (Development Management) Limited"
                }
            ]
        },
        {
            "id": "026755-2021-5-5",
            "relatedLots": [
                "1"
            ],
            "title": "Tulse Hill Joint Venture Development Project - Affordable Housing Development Agreement",
            "status": "active",
            "hasSubcontracting": true,
            "subcontracting": {
                "description": "The affordable housing works to be carried out pursuant to the Affordable Housing Development Agreement will be sub-contracted to Mount Anvil Limited under the Construction Contract."
            },
            "suppliers": [
                {
                    "id": "GB-FTS-32773",
                    "name": "The LLP"
                }
            ]
        }
    ],
    "parties": [
        {
            "id": "GB-FTS-32771",
            "name": "Metropolitan Housing Trust Limited and Metropolitan Living Limited",
            "identifier": {
                "legalName": "Metropolitan Housing Trust Limited and Metropolitan Living Limited"
            },
            "address": {
                "streetAddress": "100 High Street, London N14 6PW",
                "locality": "London",
                "region": "UKI",
                "postalCode": "N14 6PW",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "name": "Emma",
                "email": "Emma.Erbillur@mtvh.co.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "http://www.mtvh.co.uk",
                "classifications": [
                    {
                        "scheme": "TED_CA_TYPE",
                        "id": "BODY_PUBLIC",
                        "description": "Body governed by public law"
                    },
                    {
                        "scheme": "COFOG",
                        "id": "06",
                        "description": "Housing and community amenities"
                    }
                ]
            }
        },
        {
            "id": "GB-FTS-32772",
            "name": "Mount Anvil Avenue Park Road Limited",
            "identifier": {
                "legalName": "Mount Anvil Avenue Park Road Limited"
            },
            "address": {
                "locality": "London",
                "region": "UKI",
                "countryName": "United Kingdom"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "scale": "sme"
            }
        },
        {
            "id": "GB-FTS-32773",
            "name": "The LLP",
            "identifier": {
                "legalName": "The LLP"
            },
            "address": {
                "locality": "London",
                "region": "UKI",
                "countryName": "United Kingdom"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "scale": "sme"
            }
        },
        {
            "id": "GB-FTS-32774",
            "name": "Mount Anvil Limited",
            "identifier": {
                "legalName": "Mount Anvil Limited"
            },
            "address": {
                "locality": "London",
                "region": "UKI",
                "countryName": "United Kingdom"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "scale": "sme"
            }
        },
        {
            "id": "GB-FTS-32775",
            "name": "Mount Anvil (Development Management) Limited",
            "identifier": {
                "legalName": "Mount Anvil (Development Management) Limited"
            },
            "address": {
                "locality": "London",
                "region": "UKI",
                "countryName": "United Kingdom"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "scale": "sme"
            }
        },
        {
            "id": "GB-FTS-525",
            "name": "High Court",
            "identifier": {
                "legalName": "High Court"
            },
            "address": {
                "locality": "London",
                "countryName": "United Kingdom"
            },
            "roles": [
                "reviewBody"
            ]
        }
    ],
    "buyer": {
        "id": "GB-FTS-32771",
        "name": "Metropolitan Housing Trust Limited and Metropolitan Living Limited"
    },
    "contracts": [
        {
            "id": "026755-2021-1-1",
            "awardID": "026755-2021-1-1",
            "title": "Tulse Hill Joint Venture Development Project - LLP Agreement",
            "status": "active",
            "value": {
                "amount": 1,
                "currency": "GBP"
            },
            "dateSigned": "2021-10-26T00:00:00+01:00"
        },
        {
            "id": "026755-2021-2-2",
            "awardID": "026755-2021-2-2",
            "title": "Tulse Hill Joint Venture Development Project - Site Transfer Agreement",
            "status": "active",
            "value": {
                "amount": 1,
                "currency": "GBP"
            },
            "dateSigned": "2021-10-26T00:00:00+01:00"
        },
        {
            "id": "026755-2021-3-3",
            "awardID": "026755-2021-3-3",
            "title": "Tulse Hill Joint Venture Development Project - Construction Contract",
            "status": "active",
            "value": {
                "amount": 26290000,
                "currency": "GBP"
            },
            "dateSigned": "2021-10-26T00:00:00+01:00"
        },
        {
            "id": "026755-2021-4-4",
            "awardID": "026755-2021-4-4",
            "title": "Tulse Hill Joint Venture Development Project - Development Management Agreement",
            "status": "active",
            "value": {
                "amount": 920000,
                "currency": "GBP"
            },
            "dateSigned": "2021-10-26T00:00:00+01:00"
        },
        {
            "id": "026755-2021-5-5",
            "awardID": "026755-2021-5-5",
            "title": "Tulse Hill Joint Venture Development Project - Affordable Housing Development Agreement",
            "status": "active",
            "value": {
                "amount": 11130000,
                "currency": "GBP"
            },
            "dateSigned": "2021-10-26T00:00:00+01:00"
        }
    ],
    "language": "en"
}