Works for complete or part construction and civil engineering work

Tender description

Mixed Use Redevelopment of the East Street area of Farnham, Surrey by undertaking works conforming to a Development Brief at the initial procurement stage and Required Elements as provided for in the Development Agreement entered into 2003. Specifically, the agreement provides for the construction of a mixed use development, the scale of which has previously been reduced from what was contemplated when the contract was first awarded, owing to external events including changes required to obtain planning permission. The agreement is conditional upon the satisfaction of a number of conditions. In current circumstances the financial viability condition cannot be satisfied without certain modifications to the terms of the agreement, and the exercise of rights of waiver contained in the agreement. This VEAT notice relates to proposed modifications to the Development Agreement. It is not the award of a new contract. See additional information given at Sections II.2.4) and IV.1.1). This notice relates to the proposed modification of an existing contract (estimated gross value 108 000 000 GBP) in circumstances in which the modifications do not require the modified contract to be the subject of a new procurement. The contract amounts to a works concession, which was originally entered into in 2003 following a competition, and has been varied on a number of subsequent occasions. The Council is proceeding without a fresh procurement on the grounds that the modification is not subject to Directive 2014/23/EU of the European Parliament and of the Council as implemented by the Concession Contracts Regulations 2016, because it has been the subject of negotiations since before 18.4.2016, and it would not in any event amount to a substantial modification, and nor is it a material change applying the principles in Pressetext — Nachrichtenagentur C-454/06 (2008) ECR 1-4401.