Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-12-08
Buyer: Dublin City Council
Country: IE
Contract type: Works
Procedure: Negotiated without a prior call for competition
CPV classification: 45212100
Estimated value: 9000000 EUR

Technical requirements: As part of the development of three adjacent sites in Dublin City in accordance with a joint master plan it is proposed that Dublin City Council (‘the Council’) will dispose of two small sites to the owner of neighbouring sites to the Council’s lands. The joint venture will be obliged to design, fund and develop infrastructure works such as roads, paths playing pitches, changing rooms, etc. across the lands in accordance with the Council’s specifications as part of the consideration for the two Council sites.
In December 2018, Hines in partnership with APG (‘HAPG’) purchased the two sites known as Bailey Gibson and Players Wills in Dublin, Ireland. The two sites are part of a larger assembly, which includes St Teresa’s gardens owned by the Council (the ‘Site’). In early 2020, the Council and HAPG began discussions on a land transaction in which HAPG would acquire part of the Site from the Council. As part of the arrangement, HAPG would be obliged to design, fund and develop infrastructure works such as roads, paths, playing pitches, changing rooms, etc. on the Site in accordance with the Council’s specifications. Under the proposed contract, HAPG will bear the vast majority of the costs and expenses incurred in the design, construction, site supervision and completion of the works and the full implementation of the project. These infrastructure works are required for the overall project and in order to service HAPG’s development also.
In July 2017, Dublin City Council approved a framework plan in accordance with the Strategic Development Regeneration Area 12 (SDRA 12), of the City Development Plan 2016-2022 for the Dublin City Council lands at St Teresa’s Gardens site and adjacent Bailey Gibson and Player Wills lands.
Following the acquisition of the Player Wills and Bailey Gibson lands by Hines/HAPG in December 2018, they have worked collaboratively with the Council to refine the framework plan and develop a joint master plan for the three sites; Dublin City Council, Bailey Gibson and Player Wills lands. The Council entered into discussions with HAPG to agree an approach for the early delivery of these essential community infrastructure works which will service all three sites. As a result of these discussions it is now proposed that the Council will dispose of two small sites to HAPG subject to certain terms and conditions, including:
(ii) that the two Council sites have a joint market value of EUR 9 000 000 (nine million euro) plus VAT (if applicable);
(iii) that the consideration to be paid to the Council will be made up of a mixture of cash payment, infrastructural works and land equating to EUR 9 000 000 (nine million euro);
(iv) that supplemental on-site works may be agreed with the proposed purchaser at a later date, to be further deducted from the purchase price; and
(v) the two Council sites, will be disposed of to the proposed purchaser subject to a development Agreement with title to transfer upon practical completion of the development together with the agreed works.
Dublin City Council is not in a position to procure the infrastructure works as a standalone works contract. The proposed transaction is the only means by which Dublin City Council can have the infrastructure works delivered at this point in time.
Further information in relation to the proposed transaction is available on the Council’s website at the following location: https://councilmeetings.dublincity.ie/documents/s29296/267%20-%20St.Teresas%20Gardens.pdf
Competition is absent for technical reasons as HAPG is the only economic operator who can enter the contract because the economic operator owns two large adjacent sites (Baily Gibson and Players Wills Sites) which form part of the three sites (DCC Site, Baily Gibson Site and Players Wills Site) to be developed under a joint master plan in collaboration with the Council.
The date stated in section V.2.1) is not intended to represent the date of conclusion of the contract.


Winner: HAPG or its nominated legal entity
Award value: 9000000