Public procurement notice: Contract Notice
Published: 2018-01-19
Buyer: Borough of Broxbourne
Country: UK
Contract type: Works
Procedure: Competitive dialogue
CPV classification: 45000000: Construction work | 45100000: Site preparation work | 45111291 | 45210000: Building construction work | 45211360
Submission deadline: 2018-02-19
Award criteria: The most economic tender

Technical requirements: The Borough of Broxbourne and Hertfordshire County Council are seeking a development / investment partner with the relevant experience, vision, capability and resources to master plan and deliver Brookfield Riverside, with a specific commitment to deliver the proposed first phase, which will be a major retail and leisure-led development. The vision and ambition for Brookfield Riverside is to create a cohesive shopping, civic and leisure centre for Broxbourne, providing a brand-new, high-quality town centre scheme in a landscaped environment. The anticipated gross development value (GDV) of the overall scheme is in the order of 250 000 000 to 400 000 000 (GBP) depending on the final scheme. Further information on the opportunity is provided in the memorandum of information that is available from the supply Hertfordshire portal. For guidance on accessing the portal, please see Section VI.3) Additional information of this contract notice.
The Brookfield Riverside development site is comprised of two plots, extending to circa 44 acres (17.8 hectares) overall. The Councils own the freehold of a significant proportion of the site, totalling 21 acres (8.5 hectares), which is envisaged to be the core development site for a retail and leisure-led first phase of development. The remaining northern part of the site, and the New River, is owned by third parties. The chance to create a major new retail and leisure development just outside the M25 is rare and Brookfield Riverside presents an exceptional opportunity to create a blue-chip, fashion and lifestyle-led town centre scheme in an affluent South East catchment area. Brookfield Riverside is of strategic importance to the Councils as it seeks to act as the ‘town centre’ for the local area and will build on, and complement, the overall Garden Village as part of the wider Brookfield development. It will aim to address the underperformance of the areas a retail and leisure destination, to provide an identity and sense of place for Brookfield and the Borough of Broxbourne, and to significantly improve the evening economy. The Councils’ plans for Brookfield Riverside seek to deliver; up to 30 000 square metres of net retail comparison floorspace; circa 3 500 square metres of retail convenience floorspace; up to 10 000 square metres of leisure accommodation; a new link road to connect Brookfield Riverside to the Turnford Interchange and the Garden Village; a landscaped environment with high-quality public realm; and appropriate ancillary accommodation (including potential residential, as outlined in the draft Local Plan). The contract is likely to be for a duration in the order of 5 to 10 years. The actual duration will be determined with bidders as part of the dialogue process, including conditions for early termination and contract extension.
Organisations should be aware that due to the nature of the works provided, any contract formed as a result of this procurement process is likely to be executed as a deed. Organisations should seek independent legal advice on the implications of this prior to submitting a tender, where appropriate.
The Councils reserve the right to cancel the procurement at any stage of the procurement process and not award a contract or to award only part of the opportunity described in this contract notice. The Councils, nor any person on whose behalf of whom this procurement is undertaken is to be liable for any costs incurred by those expressing an interest or tendering for this contract, including their associated entities or any other person. To access this procurement opportunity please visit www.supplyhertfordshire.uk and follow the on-screen guidance. If you wish to be considered as a bidder you must complete and submit a selection questionnaire by the closing date and time. Selection questionnaires cannot be uploaded after the closing date/time. Any clarifications regarding this opportunity must be raised through the correspondence area in the eTendering system. If you are experiencing problems with the eTendering system, In-Tend offer a help section which includes a dedicated UK support desk which can be contacted via email: support@in-tend.com or telephone +441144070065 for any website /technical questions, Monday to Friday 8:30 - 17:30. The Councils undertake to hold confidential any information provided in the proposal submitted, subject to the Councils' obligations under law, including the Freedom of Information Act 2000. If the potential supplier considers that any of the information submitted in the proposal should not be disclosed because of its commercial sensitivity or for reasons of confidentiality, then this should be stated with the reason for considering it sensitive. The Councils will then endeavour to consult with the potential supplier about such commercially sensitive or confidential information when considering any request received under the Freedom of Information Act 2000 before replying to such a request, but the decision of the Councils in deciding whether an exemption applies is final. The Councils reserve the right to carry out additional financial checks on all companies tendering for this Contract at any time during the procurement process, to ensure that they continue to meet the Councils' requirements and remain financially viable to perform the Contract. The Councils will require a group of economic operators to whom the contract is awarded to form a legal entity. Any deposits or guarantees will be established as part of the competitive dialogue procurement procedure. Any financing conditions and payment arrangements will be established as part of the competitive dialogue procurement procedure.
The Contracting Authority (Section I.1) of this contract notice refers) will incorporate a minimum 10 calendar day (when using electronic means) standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to challenge the decision to award a contract before a contract is executed/signed (as appropriate). The Public Contracts Regulations 2015 ('Regulations') provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly and within the time limits as defined in the above regulations. Where a contract has not been entered into the court may order the setting aside of the award decision or order the Contracting Authority to amend any document and may award damages. If the contract has been entered into the court has the options to award damages and/or to shorten or order the contract ineffective.

Eligibility requirements: Selection criteria as stated in the procurement documents.