Construction work for houses

Tender description

The Council is placing a voluntary ex-ante transparency notice to state its intention to enter into a ‘Purchase of land and Development Agreement’ with Mackenzie (South West) Homes Ltd (Mackenzie Homes) to realise the marriage value of Southall Market Car Park by acquiring the adjacent Cattle Market site for the purposes of delivering circa 125 affordable homes and re-providing the public car park to circa 80 spaces. The Council is of the view that it can rely on Regulation 32 (2) (b) (iii) of the Public Contract Regulations 2015 to enter into direct negotiations with Mackenzie Homes to undertake the scheme on the basis that the latter has a pre-existing option to acquire the adjacent site (for future development purposes) and as part of the site transfer arrangements with the Council, Mackenzie Homes wish to retain their pre-existing development rights (which therefore constitute ‘an exclusive right’ for the purposes of Regulation 32 (2) (b) (iii)). Therefore, direct negotiation with Mackenzie Homes constitutes the only viable legal and commercial route if the Council wish to proceed with this scheme and deliver the specified level of affordable housing.