Development at Friar's Close, Bear Lane and 1 and 3 Burrell Street, London

{
    "tag": [
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    ],
    "id": "ocds-h6vhtk-031f42-2022-03-08T14:21:18Z",
    "date": "2022-03-08T14:21:18Z",
    "ocid": "ocds-h6vhtk-031f42",
    "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-031f42",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "Development at Friar's Close, Bear Lane and 1 and 3 Burrell Street, London",
        "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 at 1 to 26 Friar's Close, Bear Lane and 1 and 3 Burrell Street, through a joint venture arrangement. Subject to detailed design / planning, it is anticipated that the development will comprise the construction of between 80 and 120 new homes. The affordable/ private unit split has yet to be fully determined, though as a minimum the development will involve the re-provision of 28 existing affordable units on the Site.",
        "lots": [
            {
                "id": "1",
                "description": "The Project is the carrying out of a mixed tenure housing development on the Site at 1 to 26 Friar's Close, Bear Lane and 1 and 3 Burrell Street, through a joint venture arrangement. Subject to detailed design / planning, it is anticipated that the development will comprise the construction of between 80 and 120 new homes. The affordable/ private unit split has yet to be fully determined, though as a minimum the development will involve the re-provision of 28 existing affordable units on the Site. The joint venture contractual arrangements between the parties will be structured as follows: (i) Riverside Regeneration (Southwark) Limited (RRS) (an entity within the same group as The Riverside Group Limited (RGL)) and Mount Anvil (Friars Close) Limited will form a joint venture entity (the \"LLP\") on a 50/50 basis pursuant to the terms of an LLP Agreement; (ii) RGL will transfer a long leasehold interest in the Site to the LLP pursuant to the terms of an Agreement for Lease; (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, and associated infrastructure works. The estimated value of the Construction Contract is between PS20 million and PS40 million; (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 provide various development management, planning, sales and marketing services in relation to the development. The estimated value of the DMA is between PS1 million and PS2 million; (v) The LLP will sell the private units that are constructed on the Site on the open market; and (vi) RGL 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 RGL following completion. The estimated value of the Affordable Housing Development Agreement is between PS10 million and PS20 million.",
                "hasOptions": false
            }
        ],
        "items": [
            {
                "id": "1",
                "deliveryAddresses": [
                    {
                        "region": "UKI"
                    }
                ],
                "deliveryLocation": {
                    "description": "1 to 26 Friar's Close, Bear Lane and 1 and 3 Burrell Street, Southwark, 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 Agreement for Lease 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 RGL. 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 RGL 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 leasehold interest in the Site) RGL 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": "006313-2022-1-1",
            "relatedLots": [
                "1"
            ],
            "title": "LLP Agreement",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-46329",
                    "name": "Mount Anvil (Friars Close) Limited"
                }
            ]
        },
        {
            "id": "006313-2022-2-2",
            "relatedLots": [
                "1"
            ],
            "title": "Agreement for Lease",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-32773",
                    "name": "The LLP"
                }
            ]
        },
        {
            "id": "006313-2022-3-3",
            "relatedLots": [
                "1"
            ],
            "title": "Construction Contract",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-32774",
                    "name": "Mount Anvil Limited"
                }
            ]
        },
        {
            "id": "006313-2022-4-4",
            "relatedLots": [
                "1"
            ],
            "title": "Development Management Agreement",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-32775",
                    "name": "Mount Anvil (Development Management) Limited"
                }
            ]
        },
        {
            "id": "006313-2022-5-5",
            "relatedLots": [
                "1"
            ],
            "title": "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-46328",
            "name": "The Riverside Group Limited and Riverside Regeneration (Southwark) Limited",
            "identifier": {
                "legalName": "The Riverside Group Limited and Riverside Regeneration (Southwark) Limited"
            },
            "address": {
                "streetAddress": "2 Estuary Boulevard, Speke",
                "locality": "Liverpool",
                "region": "UKI",
                "postalCode": "L24 8RF",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "name": "Ben Mansell",
                "telephone": "+44 7969610709",
                "email": "Ben.Mansell@riverside.org.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "http://www.riverside.org.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-46329",
            "name": "Mount Anvil (Friars Close) Limited",
            "identifier": {
                "legalName": "Mount Anvil (Friars Close) Limited"
            },
            "address": {
                "locality": "London",
                "region": "UKI",
                "countryName": "United Kingdom"
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            "details": {
                "scale": "large"
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                "locality": "London",
                "region": "UKI",
                "countryName": "United Kingdom"
            },
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            ],
            "details": {
                "scale": "sme"
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        },
        {
            "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-46328",
        "name": "The Riverside Group Limited and Riverside Regeneration (Southwark) Limited"
    },
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            "id": "006313-2022-1-1",
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            "title": "LLP Agreement",
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                "amount": 1,
                "currency": "GBP"
            },
            "dateSigned": "2022-03-08T00:00:00Z"
        },
        {
            "id": "006313-2022-2-2",
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            "title": "Agreement for Lease",
            "status": "active",
            "value": {
                "amount": 2900000,
                "currency": "GBP"
            },
            "dateSigned": "2022-03-08T00:00:00Z"
        },
        {
            "id": "006313-2022-3-3",
            "awardID": "006313-2022-3-3",
            "title": "Construction Contract",
            "status": "active",
            "dateSigned": "2022-03-08T00:00:00Z"
        },
        {
            "id": "006313-2022-4-4",
            "awardID": "006313-2022-4-4",
            "title": "Development Management Agreement",
            "status": "active",
            "dateSigned": "2022-03-08T00:00:00Z"
        },
        {
            "id": "006313-2022-5-5",
            "awardID": "006313-2022-5-5",
            "title": "Affordable Housing Development Agreement",
            "status": "active",
            "dateSigned": "2022-03-08T00:00:00Z"
        }
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    "language": "en"
}