Public procurement notice: Contract Award Notice
Published: 2019-10-24
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
Award criteria: Lowest price

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.
The Council will incorporate a minimum 10 calendar days standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Council before the contract is entered into. If an appeal regarding the award of the contract 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).


Winner: Morgan Sindall Group plc
Award value: 1000000000
Number of bids: 15