Public procurement notice: Additional Information
Published: 2018-04-13
Buyer: University of Lincoln (the "University")
Country: UK
Contract type: Works
Procedure: Negotiated without a prior call for competition
CPV classification: 45000000: Construction work | 45210000: Building construction work | 45211340 | 45211350 | 45214400
Award criteria: Lowest price

Technical requirements: The University requires additional accommodation to meet student number targets for 2019 /2020. The University has entered into an agreement for Lease with EBW Developments Limited (1); Marcus Worthington Properties Limited (2); and Legal and General Assurance (pensions management) Limited (3) for the construction of 301 student bedrooms and ground floor commercial space on the University’s Brayford Campus at 179 High Street, Lincoln (the “Development”).
The development is right in the heart of the campus and can offer student accommodation in a prime location which will be highly convenient for, and marketable to, the student population. The location presents a unique opportunity to realise part of the University’s Brayford master plan by providing a new High Street gateway to the campus and much needed pedestrian connectivity to and from the campus. No alternative sites can offer both the space for the student accommodation and a pedestrian link between the campus and high street.
The University relies on Regulation 32(2)(b)(iii) of the public contracts Regulations 2015 on the basis that, at the time of the award decision, the development could only be undertaken by EBW due to the existence of exclusive rights. This is due to the fact that the land at 179 High Street which is integral to the development is owned by network rail, having been acquired through a compulsory purchase order to enable the construction of the recent high street footbridge. These rights are exclusive to network rail. Progressing with this development requires the university to engage with Network Rail who has offered this development scheme through Blocwork (a joint venture LLP between Network Rail and EBW). No reasonable alternative or substitute site exists for this development. The university’s objectives cannot be achieved without the network rail land and collaboration between Network Rail and EBW. Consequently the development can only be secured by directly awarding the development opportunity to EBW.
The university relies on Regulation 32(2)(b)(iii) of the public contracts Regulations 2015 on the basis that, at the time of the award decision, the development could only be undertaken by EBW due to the existence of exclusive rights. This is due to the fact that the land at 179 High Street which is integral to the Development is owned by Network Rail, having been acquired through a compulsory purchase order to enable the construction of the recent high street footbridge. These rights are exclusive to network rail. Progressing with this development requires the university to engage with network rail who has offered this development scheme through Blocwork (a joint venture LLP between Network Rail and Enbloc Estates Limited). EBW is a special purpose vehicle (“SPV”) owned by Enbloc Estates Limited and Marcus Worthington Properties Limited, set up specifically to carry and complete the Development. Marcus Worthington & Co. Ltd are the building contractors for the development. No reasonable alternative or substitute site exists for this development and the development could not proceed without the involvement of network rail and EBW. The University’s objectives cannot be achieved without the network Rail land and collaboration between network rail and ultimately EBW. Consequently, the development can only be secured by directly awarding the development opportunity to EBW.