Public procurement notice: Contract Notice
Published: 2020-06-24
Buyer: West Sussex County 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: 2020-07-24
Award criteria: The most economic tender

Technical requirements: The Council has a substantial portfolio of surplus land and property, both within and outside the County boundary, that can either be disposed of or developed. There is a consensus of opinion within the Council that there is a need to pursue a model where the Council takes more of an active role in property development with the aim of improving the financial returns to the Council and pace of delivery. The Council is therefore seeking a partner with development and funding expertise to work with it to identify opportunities from its land holdings and potentially those of its partners, and bring forward development and funding on these sites.
The Council is seeking to procure a strategic property development partner (JV Partnership). The Council has a substantial portfolio of surplus land and property, both within and outside the County boundary, that can either be disposed of or developed. There is a consensus of opinion within the Council that there is a need to pursue a model where the Council takes more of an active role in property development with the aim of improving the financial returns to the Council and pace of delivery. The Council is therefore seeking a partner with development and funding expertise to work with it to identify opportunities from its land holdings and potentially those of its partners, and bring forward development and funding on these sites. The Partnership will also have the opportunity to purchase and develop land and property both within and beyond the County boundary. The Council reserves the right to pursue investment opportunities and land acquisitions during the lifetime of the Partnership. The primary purpose of this procurement is to procure a strategic property development partner(s) for West Sussex County Council (the "Council"). It is anticipated this would be through a new or existing wholly owned subsidiary company limited by shares for a contract term of 30 years. The Council is proposing a particular structure for the JV Partnership. However, it is open to the market to design a solution that best meets the Council’s objectives and, therefore, an alternative corporate vehicle can be proposed. The Council is pursuing a JV Partnership approach with a view to securing the optimum solution with a partnership structure which best suits that solution. The Council, through its wholly owned company, intends to enter into a partnership agreement ("Partnership Agreement") under which a partner will be appointed to carry out demolition, preparation, design, build, finance, including (but not limited to) housing, retail, new residential units, commercial units, public government buildings and spaces including hospitals, police and ambulance facilities, education and leisure facilities. There may be a requirement for the partner to undertake other specialist areas such as highway works. The type of joint venture legal entity who will appoint the contractor(s) could vary depending on tenderers’ proposals. The Council will invest its land in the JV Partnership but all other funding approaches will be considered 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 JV Partnership solution, as will the marketing and positioning of the real estate developed. The partner will provide its development expertise, equity investment and access to private funding. The aforementioned will include the provision of development management services which will be delivered in accordance with the terms provided for under the Partnership Agreement. The JV Partnership will fund and deliver a programme of sites (including residential, commercial, community and other schemes) which are:
The Council and its partner will share in any financial returns from the sale or development of the sites in a manner that is commensurate with the risks taken.
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.
1) The Council is keen to ensure that the procurement is open to a wide market and that there is genuine competition. The resources and range of services needed for the JV Partnership are such that the Council understands that it may receive applications from: — a single organisation delivering the entire solution, — organisations that may wish to collaborate to form a consortium, (either by forming a separate legal entity or in unincorporated grouping) to contract with the contracting authority with or without a variety of Subcontractor(s), or — a consortium which consists of a prime contractor with a variety of subcontractor(s).
2) All applicants are solely responsible for their costs and expenses incurred in connection with the preparation and submission of the selection questionnaire and all future stages of the selection and award process. Under no circumstances will the Council or any of its advisers be liable for any costs or expenses borne by the applicant or its associated relevant organisations or any of its advisers in this process whether the applicant is successful or otherwise. For more information about this opportunity, please visit the In-Tend portal at: http://www.sesharedservices.org.uk/esourcing To respond to this opportunity, please click here: http://www.sesharedservices.org.uk/esourcing Additional information can be obtained at the following website: http://www.wsccstrategicpartner.co.uk In reference to II.1.5 of this notice 'Estimated Total Value' - please note that the value excluding VAT: Gross Development Value is estimated to be between GBP 750 000 000 - GBP 1 000 000 000 at today's values.
The Council will incorporate a minimum 10 calendar days standstill period at the point information on the intention to award the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Council before any contracts are entered into. If an appeal regarding the award of such contracts has not been successfully resolved, the Public Contracts Regulations 2015 provide for aggrieved parties who have been harmed or who are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).

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