United Kingdom-NORWICH: Supply of two mobile libraries

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-002925/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Norfolk County Council
Postal address: Martineau Lane
Town: NORWICH
Postal code: NR12DH
Country: United Kingdom
Email: sourcingteam@norfolk.gov.uk
Internet address(es):
Main address: www.norfolk.gov.uk

I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Supply of two mobile libraries
II.1.2) Main CPV code: 34144760
II.1.3) Type of contract Supplies
II.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.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:307000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 34000000

II.2.3) Place of performance
Nuts code:
II.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.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.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 IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without prior publication(in accordance with Article 32 of Directive 2014/24/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-01-31
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: T B F THOMPSON (GARVAGH) LIMITED
National registration number: NI036301
Postal address: 19 Michelin Road
Town: Newtownabbey Co. Antrim
Postal code: BT36 4PT
Country: United Kingdom
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary information
VI.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
VI.4) Procedures for review
VI.4.1) Review body
Official name: nplaw
Town: Norwich
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-01-31

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
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.