Lease of vehicles for East Suffolk Services Limited

CPV: Motor vehicles

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

Goods

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

30 Aug 2023, 12:44 BST

Last source update

30 Aug 2023, 12:44 BST

Authority reference

2318-PPT-DA

FTS notice number

2023/S 000-025444

Classification (CPV)

Motor vehicles

Delivery area

East of England (UKH1)

Official registry OCID

ocds-h6vhtk-03f7f9 Find a Tender

Why no open competition

Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive

Published justification

East Suffolk Services Limited (ESSL) considers the award of the Contract without prior publication of a contract notice is permitted by Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (PCR) on the basis that due to the bespoke nature of vehicles within the fleet to be procured that due to technical reasons, there was no reasonable alternative supplier who could provide the vehicles within the timescales for the provision of vital services to the residents and businesses of East Suffolk.

Further, the Authority relies on Regulation 32(2)(c) in that it was not foreseen that ESSL would be required to enter into lease arrangements to ensure the continuity of delivery of the public services. Exit from the Lease Agreements has brought about conditions of extreme urgency as there was insufficient time to comply with the relevant time limits to carry out a procurement exercise, taking into account vehicle acquisition lead-in times and to enable successful tenderers to mobilise in time for service commencement on 1 July 2023. Therefore, the direct award was necessary to allow for the essential services to be provided by ESSL to the residents and businesses of East Suffolk from 1 July 2023.

ESSL also relies upon Regulation 32(5)(d) in that the supplier is winding up its business activities, the Lease Agreement that has been entered into between the supplier and ESSL has been negotiated on particularly advantageous terms than those now available on the open market and therefore, the negotiated procedure without prior publication has been used in this situation.

ESSL has already commenced the procurement exercise for the new vehicles using an approved framework and to replace the vehicles on an operating lease first. The six - month term of the lease Agreement has been agreed on the basis that the new vehicles can be in place as soon as possible to ensure compliance with the PCR 2015.

• Norse Commercial Services LimitedAwarded supplierGB-COH: 02888808 Norwich, East of England

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