Section one: Contracting authority/entity
one.1) Name and addresses
Norfolk County Council
Martineau Lane
NORWICH
NR12DH
Country
United Kingdom
NUTS code
UKH15 - Norwich and East Norfolk
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
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
Supply of two mobile libraries
two.1.2) Main CPV code
- 34144760 - Mobile library vehicles
two.1.3) Type of contract
Supplies
two.1.4) Short description
Norfolk County Council conducted a competitive procurement to purchase two mobile libraries to replace ageing fleet in 2021. The contract was awarded to Nu-Track Ltd (contract award notice reference 2021/S 000-021840) to build two mobile libraires on chassis which were purchased by Nu-Track Ltd from TBF Thompson DAF Trucks Ltd, a division of TBF Thompson (Garvagh) Ltd.
Nu-Track Ltd have subsequently entered insolvency and have been unable to complete the build of the two mobile libraries that were commissioned.
The partially completed libraries have been re-acquired by TBF Thompson (Garvagh) limited and Norfolk County Council will enter into a contract for the completion of the mobile libraries by T B F THOMPSON (GARVAGH) LIMITED as they hold legal title to the partly completed vans and therefore Norfolk County Council is not able to compete this requirement.
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: £307,000
two.2) Description
two.2.2) Additional CPV code(s)
- 34000000 - Transport equipment and auxiliary products to transportation
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
two.2.4) Description of the procurement
Norfolk County Council conducted a competitive procurement to purchase two mobile libraries to replace ageing fleet in 2021. The contract was awarded to Nu-Track Ltd (contract award notice reference 2021/S 000-021840) to build two mobile libraries on chassis which were purchased by Nu-Track Ltd from TBF Thompson DAF trucks, a division of TBF Thompson (Garvagh) Ltd.
Nu-Track Ltd have subsequently entered insolvency and have been unable to complete the build of the two mobile libraries that were commissioned.
The partially completed libraries have been re-acquired by TBF Thompson (Garvagh) limited and Norfolk County Council will enter into a contract for the completion of the mobile libraries by T B F THOMPSON (GARVAGH) LIMITED as they hold legal title to the partly completed vans and therefore Norfolk County Council is not able to compete this requirement.
two.2.11) Information about options
Options: No
two.2.14) Additional information
This is a notice under regulation 32(b)(ii) of the Public Contracts Regulations 2015 (as amended) as the Council is unable to compete the procurement for the partially completed mobile libraries for technical reasons, those reasons being that the title of the vehicles belongs to TBF Thompson (Garvagh) Ltd and not Norfolk County Council, and the roadworthiness of the vehicles will need to be certified by TBF Thompson (Garvagh) Ltd before the purchase can be completed.
Furthermore, due to global market forces, delays in the supply chain of vehicles and inflation, the price of purchasing new chassis would add approximately 20% to the original purchase value, and a further year to completion of the mobile libraries. This would therefore add considerable delay and cost to the acquisition of new mobile libraries for use by the residents of Norfolk.
Therefore, in order to not further delay the process and achieve the best value for money the Authority is awarding the contract for completion of the mobile libraries to the owner of the vehicles.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
The title of the partially completed mobile libraries belongs to TB F THOMPSON (GARVAGH) LIMITED and Norfolk County Council will enter into a contract for the completion of the mobile libraries with them as they hold legal title to the partly completed vans. Therefore Norfolk County Council is not able to compete this requirement. The roadworthiness of the vehicles will need to be certified by T B F THOMPSON (GARVAGH) LIMITED before the acquisition by Norfolk County Council can be completed.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
31 January 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
T B F THOMPSON (GARVAGH) LIMITED
19 Michelin Road
Newtownabbey Co. Antrim
BT36 4PT
Country
United Kingdom
NUTS code
- UKN - Northern Ireland
Companies House
NI036301
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £307,000
Section six. Complementary information
six.3) Additional information
Norfolk County Council is holding a standstill period before entering into a formal agreement with TBF Thompson (Garvagh) Ltd for the completion of the two mobile libraries. The standstill period will end at midnight on 10 February 2023
six.4) Procedures for review
six.4.1) Review body
nplaw
Norwich
Country
United Kingdom