The Supply of Colours & Standards

CPV: Flags · Leather and textile fabrics, plastic and rubber materials · Made-up textile articles · Miscellaneous manufactured textile articles · Miscellaneous textile articles · Narrow-woven fabrics; trimmings · Tulle, lace, narrow-woven fabrics, trimmings and embroidery

Places

up to 1 suppliers · 1 appointed (full)

Procedure method

Negotiated without publication of a contract notice

Legal basis

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

Procurement category

Goods

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Framework agreement

Who may use this agreement

Not stated in the notice; call-off rights may be limited to the establishing authority

Competition type

Competitive procedure

GPA / WTO covered

Yes (GPA)

Recurring procurement

Yes

First published

19 Mar 2021, 22:56 GMT

Last source update

16 Sept 2022, 14:43 BST

Award evaluation window

23 Nov 2021 – …

Authority reference

LSL/DC/0175

FTS notice number

2022/S 000-026071

Classification (CPV)

FlagsLeather and textile fabrics, plastic and rubber materialsMade-up textile articlesMiscellaneous manufactured textile articlesMiscellaneous textile articlesNarrow-woven fabrics; trimmingsTulle, lace, narrow-woven fabrics, trimmings and embroidery

Delivery area

UK

Official registry OCID

ocds-h6vhtk-029dac Find a Tender

Why no open competition

No tenders or no suitable tenders/requests to participate in response to open procedure; The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive

Published justification

Following the completion of the recent tender exercise for the Supply of Colours & Standards (LSL/DC/0119), and having received no compliant bids, our incumbent supplier of these ranges informed us that they would no longer be in a position to support this range of items going forward. In light of this, Leidos Supply Ltd intends to award a maximum term framework agreement of 7 years (5+1+1 Years) to The Wyedean Weaving Co Ltd.

There is a need to ensure continuity of supply for the goods in question, that are deemed essential by our Customer, and as such Leidos Supply Ltd will be looking to award a framework under Regulation 32(2) (a) of the Public Contract Regulations 2015, which allows for the use of the negotiated procedure without prior publication “where no tenders, no suitable tenders, no requests to participate or no suitable requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered”.

The subject matter of this framework is very technical/ specialist, and as such, there is a genuine lack of compliant competition within the market. This was confirmed during the recent tender, concluded earlier this year, which resulted in no bidders being able to meet the minimum standard required for the tender, though the incumbent (who has since advised that they will no longer be in a position to support this range going forward) did meet the technical standard and a second bidder, The Wyedean Weaving Co Ltd, were very close to meeting the technical standard. On this basis, it would also be appropriate to refer to Regulation 32(2) (B) (ii) of the Public Contract Regulations 2015, which allows for the use of the negotiated procedure without prior publication “where the works, supplies or services can be supplied only by a particular economic operator” where “competition is absent for technical reasons”.

This Framework will have a maximum term of 7 years (5 + 1 + 1), which is considered justifiable in that the subject matter of the framework is deemed technical and due to this, any future supplier of this range will require a significant initial investment, which includes, but is not limited to the expansion of premises, and the employment of new staff or upskilling of existing members of staff. This initial investment would be prohibitive for suppliers should the term of the framework be only for 4 years, as this investment would be disproportionate to the profit a supplier would expect to make on a framework of this term.

In light of this, Leidos Supply Ltd intends to utilise Regulation 33 (3) of the Public Contract Regulations 2015, which states that the term of a framework agreement may exceed 4 years, “in exceptional cases, justified in particular by the subject – matter of the framework agreement.”

Publisher note: Please note this is a Voluntary Transparency Notice, this contract has not been awarded yet. Subject to Leidos Supply Limited receiving no notice during the standstill period of any intention to legally challenge the award process, Leidos Supply Limited aims to award the Proposed Contract after 12:00PM on 28th September 2022. The authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification. https://www.gov.uk/government/publications/government-security-classifications

Appointment period ends

24 Jan 2022, 12:00 GMT

Submission channel

{"electronicSubmission","written"}

Accepted languages

en

Bid validity

150 days from the deadline

Bids opened

23 Nov 2021, 12:00 GMT

1 suppliers are admitted to this framework without individual award values or dates, see the supplier list below.

• The Wyedean Weaving Co LtdFramework contractor Keighley, UK