Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2022-04-27
Buyer: Housing and Sustainable Communities Agency
Country: IE
Contract type: Works
Procedure: Contract award without prior publication
CPV classification: 45200000: Building and civil engineering work | 45210000: Building construction work | 45211000: Construction work for multi-dwelling buildings | 45211100 | 45211200
Estimated value: 5200000 EUR

Technical requirements: The Housing Agency wish to enter into a contract with Goldhill Real Estate (“Goldhill”) to develop a site it owns at Clarinbridge, Co. Galway.
The Housing Agency wish to enter into a contract with Goldhill to develop a site it owns at Clarinbridge, Co. Galway for housing. Pursuant to this contract, Goldhill would acquire the site from the Housing Agency and subject to securing planning permission, build up to 25 new homes as part of a new assisted living housing development. Four of the homes would subsequently be sold or leased to a nominated Approved Housing Body (“AHB”) to cater for local individuals deemed to have a housing need. These homes would be separate and additional to any Part V of the Planning and Development Acts (as amended) requirement which would apply to the development. Goldhill will be free to retain or sell the remaining units on the open market. The contract will also provide for the reversion of the site to the Housing Agency in the event that Goldhill fail to secure planning permission for the development or if they fail to commence works for the development within a defined period of time.  Goldhill will also be obliged to restrict the use of the completed development to that of an assisted living development for a defined period of time.
The Housing Agency believes that sufficient justification exists to award this contract to Goldhill to develop this site it owns at Clarinbridge, Co. Galway without a prior call for competition, in line with the provisions of Article 32.2(b)(ii) of Directive 2014/24/EU for the reasons set out below.
The site has been in the ownership of State bodies for a number of decades. Due to the lack of capacity in the existing public sewage system, the site that is intended to be developed is not connected for the purposes of sewage treatment services.  On this basis, it has not been possible to develop the site to date. Furthermore, it is the understanding of the Housing Agency that Irish Water has no plan to upgrade the existing local treatment systems. However, the adjacent site has excess capacity in its existing treatment system and this capacity can be used for the purpose of developing the Housing Agency’s site. Goldhill is connected to the owner of the adjoining site and holds an exclusive contractual option to connect to the treatment capacity of the adjacent site. The owner of this adjacent site also has rights of way and easements to cater for electricity and water services required for the development which pursuant to its exclusive arrangement, can be accessed by Goldhill.
The Housing Agency has concluded that the site is unlikely to be of interest to other developers/contractors for development purposes and that Goldhill with its exclusive arrangement with the owner of the adjacent site is the only party that can realistically secure planning permission for the development of housing units on the site. This is borne out by the fact that the site has failed to be developed since it was acquired by the Housing Agency over 40 years ago.


Winner: Goldhill Real Estate Ltd.
Award value: 5200000