Procurement of Land Broker to Assist in Land Disposal

Procurement of Land Broker to Assist in Land Disposal

The contracting authority is seeking to procure a land promotor / broker to assist it in securing planning, all necessary consents and a developer to build new school premises upon the existing school site.

United Kingdom-Broxbourne: Procurement consultancy services

2015/S 139-256875

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

The Broxbourne School
UK
High Road, Hertfordshire
For the attention of: Mrs C. Jarman
EN10 7DD Broxbourne
UNITED KINGDOM
Telephone: +44 1992411060
E-mail: recruitment@broxbourne.herts.sch.uk
Fax: +44 1992411061

Internet address(es):

General address of the contracting authority: http://www.broxbourne.herts.sch.uk

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Body governed by public law

I.3)Main activity

Education

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Procurement of Land Promoter/Broker to assist in Land Disposal to facilitate new School Development.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
Main site or location of works, place of delivery or of performance: Broxbourne, Hertfordshire, United Kingdom.

NUTS code UKG1

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s)

The contracting authority is seeking to procure a land promotor / broker (‘the Provider’) to assist it in securing planning, all necessary consents and a developer to build new school premises upon the existing school site, which will be financed through an enabling residential development on part of that site (‘the Project’). The contracting authority is looking for a Provider to work at full financial risk during the project development phases, with all payment for services being realised and paid through the proceeds of the proposed land sale.
The contracting authority shall only take the risk and potentially be liable to pay a fee (an ‘Abort Fee’) to cover a proportion of the costs incurred by the Provider in the event that it decides, through no fault of the Provider, to not proceed with the Project. In all other scenarios, the contracting authority is not able to take any financial risk in relation to payment of the Provider’s fees.
The Provider will be responsible initially at their own cost for undertaking and financing all services (including all design team services) required to:
— secure full planning permission for the new school build element, outline planning permission for any part of the residential development which falls outside of the New River conservation area, and full planning application for any part of the residential development falling within the New River conservation area, or as may be required. It should be noted that the School currently sits within land designated as Green Belt. The provider will need to have due regard to the need to ensure support from statutory consultees, in particular Sport England;
— secure all other necessary consents to allow the sale of the land and realisation of the project, including S77 consent for the sale of school playing fields, EFA academies approval as required by the academies title and release of land covenants, which may require approvals from Broxbourne Borough Council, Hertfordshire County Council and Secretary of State for Communities and Local Government.
— undertake a competitive process for the appointment of a contractor/developer, together with our legal advisors (as appropriate) and lead a competitive process to enable both the build the school and to undertake the residential development (such that the school is insulated from any interface risk between the two elements). The Provider will act as lead negotiator on behalf of the contracting authority for both the school works and the sale of the land for residential development. The Provider will also be responsible for producing all of the necessary specifications and design for the school (up to RIBA stage 3) required for this competitive process.
The Provider will be paid a percentage of the land value, commensurate with their sunk costs and the commercial risk that they have undertaken. While the majority of the fee would be expected to be paid upon execution of the contract with the developer and securing an implementable planning consent, an element of the fee would be contingent upon completion of the school building. It is expected that following execution of the contract with the developer, the Provider will continue to act as advisor to the school to ensure successful delivery of the Project. Further details are provided within the Information Memorandum which accompanies the Pre-Qualification Questionnaire.
The contracting authority is conducting this procurement exercise under the competitive procedure with negotiation pursuant to Article 29 of Directive 2014/24/EU and Regulation 29 of the Public Contracts Regulations 2015. In accordance with that procedure the contracting authority reserves the right to award the contract on the basis of initial tenders only, without conducting negotiations.

II.1.6)Common procurement vocabulary (CPV)

79418000, 79419000, 79420000, 71000000, 71200000, 71210000, 71220000, 71230000, 71240000, 71241000, 71242000, 71245000, 71248000,71250000, 71251000, 71310000, 71311000, 71311100, 71311300, 71315100, 71315200, 71315300, 71317210, 71318000, 71356400, 71400000,71510000, 71530000, 71541000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

Contract value will be dependent on the bid back position of the Provider which will be represented as a percentage of the land value.

II.2.2)Information about options

Options: no

II.2.3)Information about renewals

This contract is subject to renewal: no

II.3)Duration of the contract or time limit for completion

Duration in months: 30 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

The Contracting authority reserves the right to require deposits, guarantees, bonds or other forms of security, as appropriate.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The provider will be required to work at full risk during the project development stages, with all payment for services being realised through the proceeds of the sale of part of the School site for residential development which will fund the new build of Broxbourne School.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The contracting authority is seeking a private sector partner to provide the Services (as described under paragraph II.1.5 above). The partner will take responsibility for and manage their supply chain of providers however primary responsibility for provision of the Services shall be retained by the partner appointed under this procurement exercise.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: In accordance with Articles 56 to 61 of Directive 2014/24/EC and Regulations 56 to 61 of the Public Contracts Regulations 2015 and as set out in the pre-qualification questionnaire available from the address in section 1.1.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: In accordance with Article 58 of Directive 2014/24/EU and Regulation 60 (6) of the Public Contracts Regulations 2015 and as set out within the Pre-Qualification Questionnaire which is available from the address set out within section 1.1 above.
Minimum level(s) of standards possibly required: As set out within the Pre-Qualification Questionnaire.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
In accordance with Article 58 of Directive 2014/24/EU and Regulation 60 (9) of the Public Contracts Regulations 2015 and as set out within the Pre-Qualification Questionnaire which is available from the address set out within section 1.1 above.
Minimum level(s) of standards possibly required:
As set out within the Pre-Qualification Questionnaire.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: yes
Reference to the relevant law, regulation or administrative provision: Please see the Pre-Qualification Questionnaire available from the address at section 1.1.

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures) no

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 3
Objective criteria for choosing the limited number of candidates: As set out in the pre-qualification questionnaire which is available from the address in Section 1.1 above.

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

Not applicable

IV.3.2)Previous publication(s) concerning the same contract

no

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

17.8.2015 – 16:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

24.8.2015

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

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

VI.3)Additional information

Given the nature of the services to be provided pursuant to this procurement and the need for integration and continuity in terms of securing planning, other necessary consents and ultimately securing a developer for the Project, the contracting authority considers that this Project is unsuitable for division into Lots pursuant to Regulation 46 of the Public Contracts Regulations 2015. Any Bidder is however permitted at its own discretion to put forward a consortium or sub-contracting arrangement as part of its proposals.
Bidders wishing to express their interest in participating in this procurement exercise should make their request to participate using the email address provided at Section I.1 above. Bidders will be provided with the Pre-Qualification Questionnaire, the PQQ Scoring Matrix and accompanying Information Memorandum.
The contracting authority has also commissioned a range of technical assessments of the Project. This includes a Technical Feasibility Report (prepared by Strutt and Parker which includes planning issues and an indicative masterplan), a number of Site Surveys, together with the School Education Brief. These are available for Bidders to review, by written request only, using the email address provided at Section I.1 above.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: In accordance with Regulation 87 (Standstill Period) and Regulation 91 (Enforcement of Duties through the Courts) of the Public Contracts Regulations 2015.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

17.7.2015

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