Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-10-06
Buyer: Tameside Metropolitan Borough Council
Country: UK
Contract type: Works
Procedure: Negotiated without a prior call for competition
CPV classification: 45210000: Building construction work | 45212000: Construction work for leisure buildings | 45212100 | 45212110 | 45212200
Estimated value: 13674257 GBP

Technical requirements: A Contract for the design and construction of a wellness centre at Ashton Road/Annan Street Denton, Tameside.
A Contract for the design and construction of a wellness centre at Ashton Road/Annan Street Denton, Tameside. The estimated value of the Contract is approximately 13 674 257 GBP.
Network Spaces Developments Limited is the owner of a site accumulated for the purpose of mixed use development. The Council entered into a development agreement with the developer on 28.3.2008. This agreement is not a public works contract.
The Council has undertaken a review of current publicly owned leisure facilities and determined at Executive Cabinet on 24.3.2016 to replace the current Active Denton facility with a new Active Denton facility, as detailed in paragraph 8.5 of the Executive Cabinet report. The new facility must be delivered as soon as possible, and preferably during 2018, as a result of operating issues with the current leisure facility in Denton and financial constraints affecting Active Tameside, which manages the current leisure facilities (and other leisure facilities) and would manage the new facility on behalf of the Council. The preferred site identified in the report was at the western end of the former Oldham Batteries, Ashton Road/Annan Street Denton, Tameside.
The Council has recently undertaken an investigation of possible locations in Denton for the new leisure facility, bearing in mind the time-scale for delivery of the new facility, the size of the plot needed, the accessibility of the location and relevant planning constraints. It has concluded in the light of that survey that there is no reasonable alternative to the Oldham Batteries site identified. On 2.5.2017 the Council determined that the site, which is in the ownership of Network Space Developments Limited, is the only site meeting all the required criteria for the new Denton Wellness Centre and that no reasonable alternative or substitute site exists.
Network Space is the owner of the proposed site and therefore has ‘exclusive rights’ of ownership of land which prevent the Council from selecting any other contractor to perform a public works contract on the site.
The Contracting Authority will enter into this Contract following a minimum 10 day calendar day standstill period starting on the day after this notice is published in the Official Journal of the European Union. 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.


Winner: Network Space Developments Limited
Award value: 13674257