Section one: Contracting authority
one.1) Name and addresses
NY Highways limited
County Hall
Northallerton
DL7 8AD
NYHighwaysProcurement@northyorks.gov.uk
Country
United Kingdom
NUTS code
UKE - Yorkshire and the Humber
Internet address(es)
Main address
one.4) Type of the contracting authority
Other type
Wholly owned subsidiary of a Local Authority (North Yorkshire County Council)
one.5) Main activity
Other activity
Highways Maintenance Activities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Surface Dressing Framework (NY Highways)
Reference number
DN538294
two.1.2) Main CPV code
- 45233000 - Construction, foundation and surface works for highways, roads
two.1.3) Type of contract
Works
two.1.4) Short description
This Framework Contract is for surface dressing works to be delivered on behalf of NY Highways, across the County of North Yorkshire (note this excludes York, which comes under the jurisdiction of the City of York Council) on both rural and urban roads. This will also include any third party works secured by NY Highways, which may be on private land and not necessarily the public highway.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Lowest offer: £1 / Highest offer: £32,000,000 taken into consideration
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKE - Yorkshire and the Humber
two.2.4) Description of the procurement
This Framework Contract is for surface dressing works to be delivered on behalf of NY Highways, across the County of North Yorkshire (note this excludes York, which comes under the jurisdiction of the City of York Council) on both rural and urban roads. This will also include any third party works secured by NY Highways, which may be on private land and not necessarily the public highway.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 50
Price - Weighting: 50
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
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: 2021/S 000-017996
Section five. Award of contract
Contract No
DN538294
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
28 September 2021
five.2.2) Information about tenders
Number of tenders received: 6
Number of tenders received from SMEs: 2
Number of tenders received by electronic means: 6
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Kiely Bros Limited
135 Cherrywood Road
Birmingham
B9 4XE
Country
United Kingdom
NUTS code
- UKE - Yorkshire and the Humber
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Lowest offer: £1 / Highest offer: £32,000,000 taken into consideration
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
London
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Precise information on deadline(s) for review procedures:
North Yorkshire County Council, on behalf of NY Highways Limited, shall in accordance with the Public Contracts (Amendment) Regulations 2015, incorporate a minimum 10 day standstill period commencing at the point that information on the intention to award the contract is sent to tenderers.
The Council shall, as soon as possible after the decision has been made, inform the tenderers and candidates of its decision, and shall do so by notice in writing by the most rapid means of communication practicable.
Should additional information be required, please contact the person cited in paragraph I.1) of this form. If an appeal regarding the award of a contract has not been successfully resolved, Public Contracts Regulations2015 (SI 2015 No 6) 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 and Wales).
Any such action must be started within 30 days beginning with the date when the aggrieved party first knew or ought to have known that grounds for starting the proceedings 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 10 day standstill period, if no further debriefing has been requested, the Court may only award damages once the contract has been entered into.