Award of Contract to manage Ash Dieback

CPV: Tree-clearing services · Tree-cutting services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

22 Oct 2024, 09:57 BST

Last source update

10 Feb 2025, 09:26 GMT

FTS notice number

2025/S 000-004285

Classification (CPV)

Tree-clearing servicesTree-cutting services

Delivery area

Yorkshire & Humber (UKE42)

Official registry OCID

ocds-h6vhtk-04aff2 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

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.

Publisher note: 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.

• TILHILL FORESTRY LIMITEDAwarded supplierGB-COH: 03242286 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT, Altrincham, North West, WA14 2DT
• Tilhill Forestry LimitedAwarded supplierGB-COH: 3242286 3rd Floor 1 Ashley Road, Altrincham, UK, WA14 2DT

No document links were published on the notice.