Public procurement notice: Contract Notice
Published: 2018-03-27
Buyer: Brentwood Borough Council
Country: UK
Contract type: Services
Procedure: Competitive dialogue
CPV classification: 45111000 | 45111291 | 45112700 | 45210000: Building construction work | 45211300
Estimated value: 1000000000 GBP
Submission deadline: 2018-05-04
Award criteria: The most economic tender
EU fund: ESF

Technical requirements: Procurement of a partner(s) for the Brentwood Asset Development Programme and related framework agreement.
Brentwood Borough Council is seeking to procure a partner(s) for its asset development programme. The council has a substantial portfolio of surplus land and property that can either be disposed of or developed. The council wishes to take an active role in development through the partnership, to improve the financial returns to the council and increase the pace of delivery. The council therefore seeks a partner(s) with development and funding expertise to work with it to identify opportunities from its land holdings, and bring forward development and funding of sites. The partner(s) will carry out demolition, preparation, design, build, finance, operation, management and maintenance of mixed-use development and regeneration schemes, including (but not limited to) housing, retail, commercial units, public spaces, and leisure facilities. The council reserves the right to independently pursue investment opportunities and land acquisitions during the lifetime of the partnership.
The primary purpose of this procurement is to procure a strategic partner(s) for Brentwood Borough Council (the Council) for a contract term of 30 years.
The council is proposing a particular structure for the partnership, however, it is open to the market to design a solution that meets its objectives and therefore this structure is not mandatory. The Council is pursuing a partnership approach with a view to securing the optimum solution with a partnership structure which best suits that solution.
The council intends to enter into a partnership agreement (“Partnership Agreement”) under which a partner(s) will be appointed to carry out demolition, preparation, design, build, finance, operation and maintenance of mixed-use development and regeneration schemes, including (but not limited to) housing, retail, new residential units, commercial units, public spaces, and leisure facilities. There may be a requirement for the partner(s) to undertake other specialist areas such as highway works, grounds maintenance, facilities management, and repairs and maintenance works under the arrangement. The type of legal entity who will appoint the contractor(s) could vary depending on tenderers’ proposals.
The council will invest its land in the partnership but all other funding approaches are to be developed as part of the funding solution developed through the competitive dialogue procedure. The Council recognises the opportunity for it to act as a senior lender and is willing to consider any structural mechanisms /alternative joint venture structures that may deliver commercial benefit to both parties. The securing of capital, funding and /or investment will form part of the partnership solution, as will the marketing and positioning of the real estate developed.
The partner(s) will provide its development expertise, equity investment and access to private funding. The partnership will fund and deliver a programme of sites (including residential, commercial, community and other schemes) which are identified and declared as surplus by the council. The council and its partner(s) will share in any financial returns from the sale or rental of the development sites in a manner that is commensurate with the risks taken.
In addition to the partnership agreement, the council is acting as a central purchasing body through which the contracting authorities listed in Section VI.3 (the “Participating Bodies”) may wish to procure a substantially similar partnership to that under the partnership agreement under a separate framework agreement. There is no obligation on the participating bodies to participate and the council gives no guarantee or warranty as to the nature or volume of the partnership services /works, if any, to be called off.
Additional works, services or supplies may be purchased as a result of the award of this procurement.
Information and formalities necessary for evaluating if requirements are met in accordance with Article 58 of the Directive 2014/24/EU of the European Parliament and of the council and Regulation 58 of the public contracts Regulations 2015 are set out in the selection questionnaire which is available from the address in Part I.1.
-To optimise opportunities from a portfolio of property assets that will generate new long term financial returns(both capital and revenue);-The use of the partnership vehicle must deliver a greater total financial return to the Council than the returnwhich could be achieved through its current approach;
-To develop a quality brand for the developments, aimed at safeguarding the long term financial prosperity of thepartnership; and
-To build a long term relationship with a partner(s) with aligned objectives/visions and to utilise their expertise.
Accordingly, it is the intention that the Participating Bodies should be able to rely on this procurement to accesssuch partnering services/works without the need for any procurement process in accordance with Regulation 33of the Public Contracts Regulations 2015.
The Council envisages awarding any Framework Agreement at the same time as the Partnership Agreementand any such Framework Agreement is anticipated to commence in or approximately 18 months after thePartnership Agreement with the Council has commenced, though the Council reserves the right to commencethe Framework Agreement earlier. The duration of any call-off contract under the Framework Agreement willnot necessarily be limited to the 4 year term but the term will be governed by the subject matter of the call offcontract. The form of the call-off contract shall be substantially the same as the Partnership Agreement subjectto the right to make specific amendments in respect of an individual call-off.

Eligibility requirements: Information and formalities necessary for evaluating if requirements are met in accordance with Article 58 of the Directive 2014/24/EU of the European Parliament and of the council and Regulation 58 of the public contracts Regulations 2015 are set out in the selection questionnaire which is available from the address in Part I.1.

Award value: 1000000000