Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-05-21
Buyer: Leeds City Council
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 79342400
Estimated value: 964000 GBP
Award criteria: Other

Technical requirements: The provision of auctioneering services for vehicles, plant and machinery equipment to Leeds City Council, Wakefield Council and City of Bradford MDC.
The auctioneering of vehicles, plant and machinery equipment on behalf of Leeds City Council, Wakefield Council and the City of Bradford MBC.
Leeds City Council has undertaken a procurement process for a framework for the provision of auction services for vehicles, plant and machinery. The procurement will establish a single supplier Framework Agreement for the auction sale of a variety of vehicles, plant and machinery from Leeds City Council, Wakefield Council and City of Bradford Metropolitan District Council. The Framework Agreement is available to Leeds City Council, Wakefield Council and City of Bradford Metropolitan District Council, and may also be utilised by other local authorities across the Yorkshire and Humberside region.
The framework was advertised at zero cost to the Council, with the Council receiving a quarterly rebate on the total sales value per quarter. It was anticipated that the value of this rebate would be in the region of 5 000 GBP per year, with a total Framework value in the region of 20 000 GBP for a 4-year period. As such, the Council believed that this procurement exercise was under the OJEU thresholds and a Contract Notice was therefore not published, as the procurement fell outside of the scope of the directive. The opportunity was advertised on the Council’s electronic tendering portal, YORtender, and on Contracts Finder in accordance with the requirements under the Public Contracts Regulations 2015.
Following evaluation of the tenders submitted, the rebate submitted by the highest scoring bidder was much higher than anticipated, with an annual value in the region of 241 000 GBP and a total value in the region of 964 000 GBP for the 4-year Framework period.
Due to the increase in value, the Council is publishing Voluntary Ex-Ante Transparency notice in order to observe a 10 day standstill period. Following this, a contract will be awarded to Commercial Vehicle Auctions Ltd.
The authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further information from the Contracting Authority before the contract is entered into.
Such additional information should be requested from the addressee found in I.1. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2015 (SI 2015 No 102) 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, Wales and Northern Ireland). Any such action must be brought promptly (within 30 days beginning with the date when the economic operator first knew or ought to have known that grounds for such action 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 correct implementation of 10 day standstill period and publication of appropriate notices the court may only award damages once the contract has been entered into.


Winner: Commercial Vehicles Auctions Ltd
Award value: 964000