Retail Development (Ангилья - Тендер #43292939)

• Voluntary ex ante transparency notice

Directive 2014/24/EU

Section I: Contracting entity I.1) Name and addresses

The Shrewsbury and Telford Hospital NHS Trust

Mytton Oak Road

Shrewsbury

SY3 8XQ

UK

Contact person: Will Nabih

Telephone: +44 1743261456

E-mail: w.nabih@nhs.net

NUTS: UKG22

Internet address(es)

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

Address of the buyer profile: https://www.sath.nhs.uk/

I.4) Type of the contracting authority

Body governed by public law

I.5) Main activity

Health

Section II: Object II.1) Scope of the procurement II.1.1) Title

Retail Development

II.1.2) Main CPV code

45213100

II.1.3) Type of contract

Works

II.1.4) Short description

The Shrewsbury and Telford Hospital NHS Trust ("SATH") intends to enter into contractual arrangements with Noviniti Dev Co 1 Limited ("Noviniti") and Compass Contract Services (UK) Limited ("Compass") and Compass Group (UK and Ireland) Limited (as Guarantor) in respect of a new retail and administrative use development being constructed by SATH at the Princess Royal Hospital in Telford ("the Hospital") ("the Building") . The documents to be executed by SATH comprise a Principal Agreement for Underleases ("S2AFL") and a Licence for Alterations ("LTA") to be granted to Noviniti to permit Noviniti to undertake internal alterations and fit-out works pursuant to Noviniti"s lease of the ground floor of the Building ("Noviniti Works"). The contractual arrangements are structured as a land transaction exempt from the Public Contracts Regulations 2015 (“PCR”) and the Concession Contracts Regulations 2016 (“CCR”).

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Lowest offer: 1 000 000.00 GBP/ Highest offer: 3 000 000.00 GBP

II.2) Description II.2.3) Place of performance

NUTS code:

UKG21

Main site or place of performance:

Telford

II.2.4) Description of the procurement

SATH intends to enter into the S2AFL with Noviniti, Compass and the Guarantor and the LTA with Noviniti. Under the S2AFL and the LTA, Noviniti has the right to undertake the Noviniti Works at the Building. Following completion of the Noviniti Works, Noviniti will grant leases of the retail space to Compass and a lease of the communal space to SATH. SATH will be obliged to accept leases of the retail space directly from Noviniti if Compass defaults. SATH has structured the contractual arrangements as a land transaction exempt from the Public Contracts Regulations 2015 and the Concession Contracts Regulations 2016.

II.2.5) Award criteria

Criteria below:

Price

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Section IV: Procedure IV.1) Description 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 subject of this notice is the proposal by SATH to enter into the contractual arrangements contained in the S2AFL and the LTA. These arrangements follow-on from the Agreement for Lease dated 19 May 2023 entered into between SATH and Noviniti ("S1AFL") relating to the grant to Noviniti of a lease of the ground floor of the Building for a term of 33 years ("the Noviniti Lease"). Completion of that lease will take place following completion by SATH of the relevant parts of the building works being undertaken by SATH in the construction of the Building. The S1AFL was the subject of a VEAT Notice published by SATH on 6 April 2023.<br/><br/>Under the terms of the S2AFL Noviniti is not obliged to undertake the Noviniti Works but if it fails to do so, SATH may terminate the Noviniti Lease. the Noviniti Lease contains a break right in favour of SATH in the event that Noviniti does not commence the Noviniti Works by an agreed deadline. It has a similar break right where Noviniti fails to complete the Noviniti Works by an agreed deadline. <br/>Where Noviniti completes the Noviniti Works then under the S2AFL it may call for Compass and the Guarantor to accept leases of the retail areas within the Building for a term of 15 years and for SATH to accept reversionary leases of those areas for a further term of 15 years. (There is also a provision for SATH to accept a lease of the communal areas of the Building at a peppercorn rent and to accept a sublease from Compass of one of the retail units at a peppercorn rent.) <br/>SATH considers that the arrangements fall within the land exemption under Regulation 10(1)(a) PCR and/or regulation 10(11)(a) CCR.<br/><br/>Noviniti is under no obligation to serve notice to elect to carry out the Noviniti Works. No public works contract arises due to the lack of an enforceable obligation. <br/><br/>Following completion of the Noviniti Lease Noviniti has the exclusive right to undertake the Noviniti Works for as long as the Noviniti Lease remains in operation and until such time as any of SATH break rights under the Noviniti Lease become capable of exercise.

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

The procurement is covered by the Government Procurement Agreement: No

IV.2) Administrative information IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:

2023/S 000-010137

Section V: Award of contract/concession V.2 Award of contract/concession V.2.1) Date of conclusion of the contract/concession

03/07/2023

V.2.2) Information about tenders

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor

Noviniti Dev Co 1 Limited

Unit 2 Newby Stables, Newby Hall Town HG5AE

Ripon

HG4 5AE

UK

E-mail: jonathan.houlston@noviniti.co.uk

NUTS: UKE22

The contractor is an SME: No

V.2.4) Information on value of the concession and main financing terms (excluding VAT) V.2.5) Information about subcontracting Section VI: Complementary information VI.4) Procedures for review VI.4.1) Review body

Royal Courts of Justice

London

London

London

UK

Internet address(es)

URL: https://www.justice.gov.uk

VI.5) Date of dispatch of this notice

03/07/2023

Information added to the notice since publication.

Additional information added to the notice since it"s publication. Commodity Categories Commodity Categories
Delivery Locations Delivery Locations
Alert Region Restrictions

The buyer has restricted the alert for this notice to suppliers based in the following regions.

Alert Region Restrictions

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