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| Source: | Find a Tender Service (FTS) |
| Notice Type: | Award notice |
| Buyer: | Portsmouth Hospitals University NHS Trust |
| Main Category: | Works |
| Procurement Method: | Award procedure without prior publication of a call for competition |
| Method Rationale: | PHUT considers that the arrangements fall within the land exemption under Regulation 10(1)(a) Public Contracts Regulations 2015 and/or Regulation 10(11)(a) Concessions Contracts Regulations 2015. The GLs were only drawn down by Noviniti when certificates for lawful development had been secured. As the certificates for lawful development are referenced under the OA and must be complied with when carrying out the permitted alterations under the Licences for Alterations the Trust has had input to the details of the Development. On execution of the GL Noviniti is not obliged to undertake the Development. Once Noviniti serves notice electing to carry out the Development this engages enforceable obligations for Noviniti to carry out and complete the Development for PHUT under the terms of the Agreement for Lease and the Licence for Alterations. However, as Noviniti is under no obligation to serve notice to elect to carry out the works PHUT considers that no public works contract arises for lack of an enforceable obligation and Noviniti is able to "walk away" from having to deliver the Potential Development. |
Awarded to
| Award status: | Active |
Portsmouth Hospitals University NHS Trust ("PHUT") intends to enter into a series of leasing agreements with Noviniti Dev Co 7 Limited ("Noviniti") in respect of a new retail use and lecture theatre and clinical space development ("the Development") at land at the Main Entrance and North Entrance at the Queen Alexandra Hospital, Portsmouth ("the Hospital") with Compass as Noviniti's initial tenant and retail operator. The contractual arrangements are structured as a land transaction exempt from the Public Contracts Regulations 2015 ("PCR") and the Concession Contracts Regulations 2016 ("CCR"). Noviniti has drawn down two 46 -year ground leases ("GL") of the site in exercise of an option agreement with PHUT. The GLs have break clauses in favour of PHUT after 2 years (so PHUT can recover the site if the Development is not commenced); after 6 years (so PHUT can recover the site if only one of the two entrances is completed) and 40 years from practical completion of the Development.
Published contracts in the last 12 months
6
total contracts
£1.0m
total value
£500,000
average contract size
Typical categories
NHS Staff Transport - Queen Alexandra Hospital (PHU) & St Mary's Hospital (IWT)
Portsmouth Hospitals University NHS Trust · WAC-603890
NHS Staff Transport - Queen Alexandra Hospital (PHU) & St Mary's Hospital (IWT)
Portsmouth Hospitals University NHS Trust · WAC-599572
Outpatient Pharmacy Services
Portsmouth Hospitals University NHS Trust · WAC-581169
Pipeline status
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Book a free consultation →| Tender Status: | Closed |
| Estimated Value (ex. VAT): | Not specified |
| Release Date: | 23 December 2022 |
| Application Deadline: | — |
| Procurement ID (OCID): | ocds-h6vhtk-039443 |
| Notice Reference: | 036583-2022 |
All 2 notices for this procurement, oldest first.
Queen Alexandra Hospital, ground leases of land at the Main Entrance and North Entrance
Queen Alexandra Hospital, ground leases of land at the Main Entrance and North Entrance
Earlier notices predate the Procurement Act 2023 (commenced 24 Feb 2025) and therefore don't carry UK1–UK17 codes.