Section one: Contracting authority/entity
one.1) Name and addresses
Leeds City Council - PACS
Civic Hall
Leeds
LS11UR
Contact
Katie King
Country
United Kingdom
Region code
UKE42 - Leeds
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
Buyer's address
https://yortender.eu-supply.com
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Outsourcing of Woodland Creation
two.1.2) Main CPV code
- 77000000 - Agricultural, forestry, horticultural, aquacultural and apicultural services
two.1.3) Type of contract
Services
two.1.4) Short description
A contract for the outsourcing of some woodland creation across the city. The outsourcing will support the service in the delivery of planting and managing 50 hectares of woodland every year as we move into the fourth planting season since the start of the initiative. The contract will commence during 2023/2024 planting season up to September 2027.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £465,186
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKE42 - Leeds
two.2.4) Description of the procurement
A contract for the outsourcing of some woodland creation across the city. The outsourcing will support the service in the delivery of planting and managing 50 hectares of woodland every year as we move into the fourth planting season since the start of the initiative. The service is seeking to supplement internal resource with contractors to provide additional capacity to meet the workload needed this winter and up to 2027. Additional capacity
will support in the establishment management of sites whilst at a critical stage of development of young woodlands across the city to deliver city targets for climate change and zero carbon. The contract will commence during 2023/2024 planting season up to September 2027.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
The Council believes that the decision to award new contracts for the Outsourcing of Woodland Creation is permitted pursuant Regulation 32(2)(b)(ii) of the PCRs which states:
32(1) In the specific cases and circumstances laid down in this regulation, contracting authorities may award public contracts by a negotiated procedure without prior publication.
(2) The negotiated procedure without prior publication may be used for public works contracts, public supply contracts and public service contracts in any of the following cases:
(b) Where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:
(ii) Competition is absent for technical reasons,... but only, in the case of paragraph (ii) where no reasonable alternative or substitute exists, and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;"
The technical reasons why competition is absent and the reasons why no reasonable alternative or substitute exists as required by Regulation 32(2)(b)(ii) of the PCRs that the Council would rely on to justify its decision is as follows;
The planting season is limited to set months of the year when the work can be carried out (planting season November to March) and failure to carry out the work immediately will mean the Council will fail to meet the UK Forestry Standards (UKFS) required. This is the technical reason for awarding new contracts to Thorpe Trees Limited and Tilhill Forestry Limited under Regulation 32(2)(b)(ii) of the PCRs.
The sites will be audited next growing season (2024) by the funding bodies to ensure the standards are being met.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
Title
Outsourcing of Woodland Creation.
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
22 December 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
Tilhill Forestry Ltd
3rd Floor 1 Ashley Road
Altrincham, Cheshire,
WA14 2DT
Country
United Kingdom
NUTS code
- UKD6 - Cheshire
Companies House
03242286
The contractor/concessionaire is an SME
Yes
five.2.3) Name and address of the contractor/concessionaire
Thorpe Trees Limited
Thorpe Underwood, Ouseburn,
York,
YO26 9TA
Country
United Kingdom
NUTS code
- UKE21 - York
Companies House
05320280
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £465,186
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court of Justice
The Strand
London
WC2A 2LL
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further information from the contracting authority before the contract is entered into.
Such additional information should be requested from the addressee found in I.1. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2015 (SI 2015 No 102) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (within 30 days beginning with the date when the economic operator first knew or ought to have known that grounds for such action had arisen).
Where a contract has not been entered into the court may order the setting aside of the award decision or order the authority to amend any document and may award damages. Following the correct implementation of a 10 day standstill period and publication of appropriate notices the court may only award damages once the contract has been entered into.