Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2016-08-27
Buyer: Leeds City Council
Country: UK
Contract type: Works
Procedure: Negotiated without a prior call for competition
CPV classification: 45221000: Engineering works for bridges and tunnels | 45221112 | 45233121: Main road construction work

Technical requirements: The construction of the new Manston Lane Link Road including a new bridge over the railway line located to the northern boundary of Thorpe Park, Leeds.
The contract was awarded without prior publication of a contract notice since it falls outside the scope of the Public Contracts Directive and its UK implementation by way of Regulation 2(1) of the Public Contracts Regulations 2015. The contracting authority is acting in this instance solely in and/or with the main purpose of the exercise of its regulatory urban planning powers and as a local highway authority. It has only entered into the sections 38 and 278 agreements under the Highways Act 1980 as an exercise by the local highways authority of its regulatory urban planning powers and highways functions. There will be no consideration paid to the developer by the contracting authority on account of the execution of works covered by the agreements and no direct economic benefit will accrue to the contracting authority as a result thereof. The entering into the section 38 and 278 agreements constitutes the planning authority securing the proper planning outcome when granting planning permission. There is also no legally binding contractual obligation to undertake work or works under applicable national contract law. The site is being developed in accordance with applicable land-use planning policies for the land in question and the developer is free to put forward its own intentions, proposals and specifications within those parameters.
In order to comply with the Public Contracts Regulations 2015 the contracting authority will observe a minimum 10 calendar day standstill period at the point the decision to enter into the agreements under sections 38 and 278 of the Highways Act 1980 is taken by the contracting authority. This period allows other interested parties to seek further information from the contracting authority before the agreements are entered into. Such additional information should be requested from the address found in I.1). If an appeal regarding the entering into these agreements has not been successfully resolved the (for Public Sector) 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 (generally within 30 days beginning with the date when the interested party first knew or ought to have known that the grounds for starting the proceedings had arisen). Where an agreement has not been entered into the court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If the agreement has been entered into the court may only award damages. Following the 10 day standstill period, if no further information has been requested, the court may only award damages once the contract has been entered into.