Development of non-residential real estate

Tender description

London Borough of Enfield (LBE) proposes to enter into a joint venture arrangement with a property developer to develop the Montagu Industrial Estate in Enfield, London. LBE and the developer will be the only parties to the joint venture, which will take the form of a limited liability partnership. LBE will grant land interests to the LLP and the developer will provide funding and services to the LLP. The LLP will enter into all works and services contracts and so LBE’s role will be: i) to grant land interests to the LLP to enable development, and ii) participate in the decision making of the LLP at member and board level. Although this notice indicates that the arrangement is a services contract (II.1.3) this has only been selected as the portal form requires either goods, services or works to be selected. The contracting authority is clear that this is a land transaction rather than a services or works agreement and so falls outside the scope of the public contracts regulations 2015. Although a process under the public contract regulations 2015 was not required (Please see Annex D1), Henry Boot Development Limited were appointed following a competitive tender exercise as LBE wanted to identify a suitable partner for the joint venture.