Notice Information
Notice Title
MID/26/26 Auchendinny Penicuik , Affordable Housing Supply Programme
Notice Description
In terms of Midlothian Council's affordable housing policy, it is noted that the Penicuik area is one of the Council's locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF ("the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations). The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing. As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations. Through this negotiated procedure, the Council has ensured that value for money has been achieved. The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice
Lot Information
Lot 1
In terms of Midlothian Council's affordable housing policy, it is noted that the Penicuik area is one of the Council's locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF ("the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations). The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing. As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations. Through this negotiated procedure, the Council has ensured that value for money has been achieved. The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice
Procurement Information
In terms of Midlothian Council's affordable housing policy, it is noted that the Penicuik area is one of the Council's locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF ("the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations). The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing. As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations. Through this negotiated procedure, the Council has ensured that value for money has been achieved. The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice.
Notice Details
Publication & Lifecycle
- Open Contracting ID
- ocds-h6vhtk-06b02f
- Publication Source
- Find A Tender Service
- Latest Notice
- https://www.find-tender.service.gov.uk/Notice/053960-2026
- Current Stage
- Award
- All Stages
- Award
Procurement Classification
- Notice Type
- Award Notice
- Procurement Type
- Standard
- Procurement Category
- Works
- Procurement Method
- Limited
- Procurement Method Details
- Negotiated without publication of a contract notice
- Tender Suitability
- Not specified
- Awardee Scale
- Large
Common Procurement Vocabulary (CPV)
- CPV Divisions
-
- CPV Codes
45211100 - Construction work for houses
45211300 - Houses construction work
Notice Value(s)
- Tender Value
- Not specified
- Lots Value
- Not specified
- Awards Value
- Not specified
- Contracts Value
- £17,273,201 £10M-£100M
Notice Dates
- Publication Date
- 8 Jun 20262 weeks ago
- Submission Deadline
- Not specified
- Future Notice Date
- Not specified
- Award Date
- 2 Jun 20263 weeks ago
- Contract Period
- Not specified - Not specified
- Recurrence
- Not specified
Notice Status
- Tender Status
- Complete
- Lots Status
- Not Specified
- Awards Status
- Active
- Contracts Status
- Active
Buyer & Supplier
Contracting Authority (Buyer)
- Main Buyer
- MIDLOTHIAN COUNCIL
- Contact Name
- Available with D3 Tenders Premium →
- Contact Email
- Available with D3 Tenders Premium →
- Contact Phone
- Available with D3 Tenders Premium →
Buyer Location
- Locality
- DALKEITH
- Postcode
- EH22 1DN
- Post Town
- Edinburgh
- Country
- Scotland
-
- Major Region (ITL 1)
- TLM Scotland
- Basic Region (ITL 2)
- TLM1 East Central Scotland
- Small Region (ITL 3)
- TLM11 East Lothian and Midlothian
- Delivery Location
- TLM73 East Lothian and Midlothian
-
- Local Authority
- Midlothian
- Electoral Ward
- Dalkeith
- Westminster Constituency
- Midlothian
Further Information
Open Contracting Data Standard (OCDS)
The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts.
{
"tag": [
"compiled"
],
"id": "ocds-h6vhtk-06b02f-2026-06-08T16:33:56+01:00",
"date": "2026-06-08T16:33:56+01:00",
"ocid": "ocds-h6vhtk-06b02f",
"description": "NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=833923. (SC Ref:833923)",
"initiationType": "tender",
"tender": {
"id": "ocds-h6vhtk-06b02f",
"legalBasis": {
"id": "32014L0024",
"scheme": "CELEX"
},
"title": "MID/26/26 Auchendinny Penicuik , Affordable Housing Supply Programme",
"status": "complete",
"classification": {
"scheme": "CPV",
"id": "45211300",
"description": "Houses construction work"
},
"mainProcurementCategory": "works",
"description": "In terms of Midlothian Council's affordable housing policy, it is noted that the Penicuik area is one of the Council's locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF (\"the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations). The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing. As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations. Through this negotiated procedure, the Council has ensured that value for money has been achieved. The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice",
"lots": [
{
"id": "1",
"description": "In terms of Midlothian Council's affordable housing policy, it is noted that the Penicuik area is one of the Council's locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF (\"the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations). The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing. As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations. Through this negotiated procedure, the Council has ensured that value for money has been achieved. The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice",
"hasOptions": false
}
],
"items": [
{
"id": "1",
"additionalClassifications": [
{
"scheme": "CPV",
"id": "45211100",
"description": "Construction work for houses"
}
],
"deliveryAddresses": [
{
"region": "UKM73"
}
],
"deliveryLocation": {
"description": "Midlothian council Midlothian House 40-46 Buccleuch Street Dalkeith EH22 1DN"
},
"relatedLot": "1"
}
],
"procurementMethod": "limited",
"procurementMethodDetails": "Negotiated without publication of a contract notice",
"coveredBy": [
"GPA"
],
"procurementMethodRationaleClassifications": [
{
"id": "D_TECHNICAL",
"scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
"description": "The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons"
}
],
"procurementMethodRationale": "In terms of Midlothian Council's affordable housing policy, it is noted that the Penicuik area is one of the Council's locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF (\"the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations). The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing. As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations. Through this negotiated procedure, the Council has ensured that value for money has been achieved. The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice."
},
"awards": [
{
"id": "053960-2026-1",
"relatedLots": [
"1"
],
"status": "active",
"suppliers": [
{
"id": "GB-FTS-182894",
"name": "Bellway Homes"
}
]
}
],
"parties": [
{
"id": "GB-FTS-594",
"name": "Midlothian Council",
"identifier": {
"legalName": "Midlothian Council"
},
"address": {
"streetAddress": "Midlothian House, Buccleuch Street",
"locality": "Dalkeith",
"region": "UKM73",
"postalCode": "EH22 1DN",
"countryName": "United Kingdom"
},
"contactPoint": {
"telephone": "+44 1312707500",
"email": "procurement@midlothian.gov.uk"
},
"roles": [
"buyer"
],
"details": {
"url": "http://www.midlothian.gov.uk",
"buyerProfile": "https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00336",
"classifications": [
{
"id": "REGIONAL_AUTHORITY",
"scheme": "TED_CA_TYPE",
"description": "Regional or local authority"
},
{
"id": "01",
"scheme": "COFOG",
"description": "General public services"
}
]
}
},
{
"id": "GB-FTS-182894",
"name": "Bellway Homes",
"identifier": {
"legalName": "Bellway Homes"
},
"address": {
"streetAddress": "Bothwell House, Hamilton Business Park , Caird Street",
"locality": "Hamilton",
"region": "UKM95",
"postalCode": "ML3 0QA",
"countryName": "United Kingdom"
},
"contactPoint": {
"telephone": "+44 7411970630"
},
"roles": [
"supplier"
],
"details": {
"scale": "large"
}
},
{
"id": "GB-FTS-6586",
"name": "Edinburgh Sheriff Court",
"identifier": {
"legalName": "Edinburgh Sheriff Court"
},
"address": {
"streetAddress": "27 Chambers St,",
"locality": "Edinburgh",
"postalCode": "EH1 1LB",
"countryName": "United Kingdom"
},
"roles": [
"reviewBody"
]
}
],
"buyer": {
"id": "GB-FTS-594",
"name": "Midlothian Council"
},
"contracts": [
{
"id": "053960-2026-1",
"awardID": "053960-2026-1",
"status": "active",
"value": {
"amount": 17273201.41,
"currency": "GBP"
},
"dateSigned": "2026-06-03T00:00:00+01:00"
}
],
"links": [
{
"rel": "canonical",
"href": "https://api.publiccontractsscotland.gov.uk/v1/Notice?id=ocds-r6ebe6-0000833923"
}
],
"language": "en"
}