Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2016-12-09
Buyer: Peabody Enterprises Limited
Country: UK
Region: LONDON
Contract type: Services
Procedure: Negotiated without a prior call for competition
CPV classification: 71000000 | 71500000 | 71520000: Construction supervision services
Estimated value: 1108500 GBP

Technical requirements: A Contract for the provision of contract administration and supervision services in connection with a development at the Neptune Wharf and Monier Road sites comprising of the construction of 580 residential units, circa 50 000 sqft of commercial space and associated works, and a development at the Lea Bridge Road site comprising of the construction of 300 residential units and circa 2 000 m² of commercial and non-residential space.
Peabody Enterprises Limited (acting through its wholly owned subsidiary Peabody (Services) Limited) and Hill Residential Limited will jointly enter into the Contract with the consultant named in section V.2.3).
Under the Contract the consultant will (i) act as PEL's contract administrator in relation to the Neptune Wharf / Monier Rd building contract; (ii) act as HRL's contract administrator in relation to the Lea Bridge Rd building contract and (iii) supervise the operation of the joint venture agreement between PEL and HRL relating to the developments.
A Contract for the provision of contract administration and supervision services in connection with a development at the Neptune Wharf and Monier Road sites comprising of the construction of 580 residential units, circa 50 000 sqft of commercial space and associated works, and a development at the Lea Bridge Road site comprising of the construction of 300 residential units and circa 2 000 m² of commercial & non-residential space.
Peabody Enterprises Limited (acting through its wholly owned subsidiary Peabody (Services) Limited) and Hill Residential Limited will jointly enter into the Contract with the consultant named in section V.2.3).
Under the Contract the consultant will (i) act as PEL's contract administrator in relation to the Neptune Wharf / Monier Rd building contract; (ii) act as HRL's contract administrator in relation to the Lea Bridge Rd building contract and (iii) supervise the operation of the joint venture agreement between PEL and HRL relating to the developments.
The Contract is to be awarded to Arcadis LLP pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (the Regulations). Peabody Enterprises Limited (PEL) is of the view that the Contract can only be awarded to Arcadis because competition is absent for technical reasons.
PEL (acting through its wholly owned subsidiary Peabody (Services) Limited) and Hill Residential Limited (HRL) will jointly enter into the Contract with Arcadis.
The Neptune Wharf / Monier Road and Lea Bridge Road developments to which the Contract relates are being carried out as part of a joint venture agreement between PEL and its developer partner, HRL. Under the terms of the Contract Arcadis will be required to provide various supervision services in respect of this JV, in addition to acting as PEL's contract administrator in relation to the Neptune Wharf / Monier Rd building contract and HRL's contract administrator in relation to the Lea Bridge Road building contract. Arcadis has extensive and unparalleled experience of performing this role on a number of other very similar joint venture projects in the housing sector. Arcadis also has extensive knowledge of the Neptune Wharf / Monier Road and Lea Bridge Road sites and of the proposed developments, and is able to offer an extremely competitive price for the services together with commercially advantageous terms and conditions.
PEL is therefore of the view that if it were to seek to procure the Contract in accordance with the Regulations competition would be absent for technical reasons because no consultant in the market would realistically be able to compete with Arcadis' offering for the Contract due to Arcadis' unparalleled experience of joint venture projects of this nature, its knowledge of the sites and of the developments and the competitive price and commercially advantageous terms and conditions that it is able to offer for the services.
In addition, HRL have confirmed that they will not be prepared to enter into the Contract on a ‘joint client’ basis unless Arcadis is the consultant that is appointed to provide the services. Accordingly, PEL is not in a position to put the Contract out to tender in any event.
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.


Award value: 1108500