Delivery of Expanded Community Facilities

Concepts

• swanscombe
• complete or part construction
• certain community facilities
• "improved community facilities
• the redrow community facilities
• the improved community facilities
• the local ebbsfleet valley communities
• the "improved community facilities
• a community building
• community trust

Location

Ebbsfleet

Description

Construction of a sports pitch with a pavilion and community space with a community building with meeting rooms, and badminton courts and gym.

Total Quantity or Scope

Redrow (developer) is to build houses on its land in the Ebbsfleet Valley area. Redrow has obtained a planning permission, which imposed on them the delivery of certain community facilities on its land, the value of which was estimated to be around £3 million. EDC, as the public corporation responsible for regeneration of the Ebbsfleet Valley area, would like to improve and enrich the Redrow community facilities for the benefit of (use/enjoyment by) the local Ebbsfleet Valley communities. The additional cost for the delivery of the "improved community facilities" is £8 million taking the total estimated works value to £11 million. EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority. After the completion of "improved community facilities", Redrow will pass the ownership of the improved community facilities to an independent Community Trust, managed by independent Trustees to manage maintain and operate the improved community facilities and making them available to the local residents/communities. EDC strongly believes that because: (a) It will not become the owner of the "improved community facilities"; (b) It is not under any statutory obligation to deliver the "improved community facilities"; (c) It does not receive any direct benefit from the delivery of the "improved community facilities"; The Funding Agreement does not amount to a public works contract, that the applicable procurement rules would apply to it.

Award Detail

CPV Codes

• 45200000 - Works for complete or part construction and civil engineering work
• 45210000 - Building construction work
• 45250000 - Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry

Indicators

Legal Justification

Redrow (developer) is to build houses on its land in the Ebbsfleet Valley area. Redrow has obtained a planning permission, which imposed on them the delivery of certain community facilities on its land, the value of which was estimated to be around £3 million. EDC, as the public corporation responsible for regeneration of the Ebbsfleet Valley area, would like to improve and enrich the Redrow community facilities for the benefit of (use/enjoyment by) the local Ebbsfleet Valley communities. The additional cost for the delivery of the "improved community facilities" is £8 million taking the total estimated works value to £11 million. EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority. After the completion of "improved community facilities", Redrow will pass the ownership of the improved community facilities to an independent Community Trust, managed by independent Trustees to manage maintain and operate the improved community facilities and making them available to the local residents/communities. EDC strongly believes that because: (a) It will not become the owner of the "improved community facilities"; (b) It is not under any statutory obligation to deliver the "improved community facilities"; (c) It does not receive any direct benefit from the delivery of the "improved community facilities"; The Funding Agreement does not amount to a public works contract, that the applicable procurement rules would apply to it.

Other Information

Works contract (via a Funding Agreement) to be awarded to Redrow. EDC believes that Redrow is in an exclusive/special position to deliver the "improved community facilities" through their supply chain (to be procured), given the Redrow obligations under the planning permission/ s.106 agreement with the local planning authority and their ownership of the relevant land, as their land is the only plot of land identified in the local masterplan by the planning authority. EDC takes the view that because it does not receive any benefit from the delivery of the "improved community facilities", the Funding Agreement does not amount to a public works contract, which should be award in accordance with the applicable procurement rules.