Section one: Contracting authority
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 subsequently entered insolvency and were unable to complete the build of the two mobile libraries that were commissioned.
The partially completed libraries were re-acquired by TBF Thompson (Garvagh) limited and Norfolk County Council have entered 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 was 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: £311,300
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 subsequently entered insolvency and were unable to complete the build of the two mobile libraries that were commissioned.
The partially completed libraries were re-acquired by TBF Thompson (Garvagh) limited and Norfolk County Council has entered 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 was not able to compete this requirement.
two.2.5) Award criteria
Price
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 was 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 have added 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 has awarded 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
Award of a contract without prior publication of a call for competition in the cases listed below
- The 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 has entered 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
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2023/S 000-002925
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 July 2023
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
TBF Thompson (Garvagh) Limited
19 Michelin Road
Newtownabbey
BY36 4PT
Country
United Kingdom
NUTS code
- UKN - Northern Ireland
Companies House
NI036301
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £307,000
Total value of the contract/lot: £311,300
Section six. Complementary information
six.3) Additional information
A standstill period was held for 10 days after the publication of the Voluntary ex ante transparency notice on 31 January 2023 reference 2023/S 000-002925.
six.4) Procedures for review
six.4.1) Review body
nplaw
Norwich
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The Public Contracts Regulations 2015 (as amended) 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). Proceedings must be brought within 30 days from the date of knowledge (the date on which the economic operator first knew or ought to have known that grounds for starting the proceedings had arisen) unless the Court considers that there is good reason for extending the period within which proceedings may be brought, in which case the Court may extend that period up to a maximum of 3 months from the date of knowledge.