Section one: Contracting authority
one.1) Name and addresses
Leeds City Council - PACS
Civic Hall
Leeds
LS11UR
Contact
Calum McIntyre
Telephone
+44 1133788313
Country
United Kingdom
Region code
UKE42 - Leeds
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
Award of Contract to manage Ash Dieback
two.1.2) Main CPV code
- 77211400 - Tree-cutting services
two.1.3) Type of contract
Services
two.1.4) Short description
This contract is to carry out ground truthing surveys on 529 Ash Trees, carry out safe removal of the trees with relevant traffic management processes put in place. Once trees removed and disposed off, carry out the replanting of 5 trees per one cut down.
Phase 1 will focus on the removal of 539 Council owned trees that are most seriously affected by the disease (Class 4 trees) and that are within falling distance of Leeds' A and B Roads. Sampling survey undertaken in June 2024 (see paragraph 10 above) allowed the LCC team to estimate that 90% of the ash trees wehad a diameter at breast height (dbh - measured at 1.3 m above
ground) of less than 45 cms and the remaining 10% had a dbh of greater than 45 cms. This allowed the team to estimate removal costs based on Tilhill's schedule of rates.
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: £440,000
two.2) Description
two.2.2) Additional CPV code(s)
- 77211300 - Tree-clearing services
two.2.3) Place of performance
NUTS codes
- UKE42 - Leeds
two.2.4) Description of the procurement
A potential total of 539 trees will be removed under this phase of works, with replanting of 5 trees for every one removed. This will also include the ground truthing of a further 14,000 plus trees across the A and B Road network.
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 Phase 1 'Pilot Project' of the City's Ash Dieback Programme is permitted pursuant Regulation 32(2)(c) of the PCR 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:
(c) in so far as is strictly necessary where, for reasons of extreme urgency brought about by
events unforeseeable by the contracting authority, the time limits for the open or restricted
procedures or competitive procedures with negotiation cannot be complied with."
The late start to beginning the procurement process was dependent on having the funds in place
and the evidence to support release of funds needed to be accurate. The time taken to provide this evidence was unforeseeable and the requirement to mitigate the risks to people and property within a short time frame is extremely urgent. The increase in the number and severity of autumn/winter 'Named Storms' adds to this urgency.
It is further important to note that the extreme urgency brought on to make this direct award to Tilhill pursuant to Regulation 32(2)(c) PCR 2015 is also compounded by the increasing public health and safety issue due to the proximity of the trees requiring felling and management to the roadways. If this direct award is not made there is a danger that the trees will fall onto the roadways.
Notwithstanding the above, there is the potential risk of challenge because the Council has used Regulation 32(2)(c) PCR 2015. This risk can be mitigated by the publication of a voluntary transparency notice on Find a Tender Service immediately after the decision to award the contract has been taken and then waiting 10 days to see if any challenges are made. If no challenges are made, the chances of a claim for ineffectiveness being brought are significantly reduced and would only be successful if the Council had used the negotiated procedure without publication of a notice incorrectly.
Furthermore, publishing such a notice will also start time running for any other potential claim for breach of the PCR, which must be brought within 30 days of the date that an aggrieved party knew or ought to have known that a breach had occurred.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2024/S 000-034071
four.2.9) Information about termination of call for competition in the form of a prior information notice
The contracting authority will not award any further contracts based on the above prior information notice
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
10 February 2025
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Tilhill Forestry Limited
3rd Floor 1 Ashley Road
Altrincham
WA14 2DT
Country
United Kingdom
NUTS code
- UK - United Kingdom
Companies House
3242286
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £440,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court of Justice
Strand
London
WC2A 2LL
Country
United Kingdom