Medway Council

Medway Council, Gun Wharf, Dock Road

Chatham

ME4 4TR

UK

Contact person: Mr Nigel Ford

Telephone: +44 1634332088

E-mail: nigel.ford@medway.gov.uk

NUTS: UKJ41

Internet address(es)

Main address: http://www.medway.gov.uk/

Address of the buyer profile: http://www.medway.gov.uk/

II.1.1) Title

Reference number: DN308694

II.1.2) Main CPV code

98000000

II.1.3) Type of contract

Services

II.1.4) Short description

Repair and maintenance of cremators and abatement equipment.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Lowest offer: 900 000.00  GBP/ Highest offer: 975 000.00  GBP

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

The procurement falls outside the scope of application of the Directive

Explanation

The works/goods/services can be provided only by a particular tenderer for reasons that are: technical MedwayCouncil (the Council) appointed a contractor (Crawford Equipment Europe Limited — supplier and manufacturerof cremators) through a competitive full OJEU tender. The contractor started working on site in late 2012 and went into liquidation in 6.2013. Since then it became apparent that the Council's cremators were not fit for purpose and do not meet basic standards, H&S, CE marking etc. and were deteriorating leaving the Council at risk of a (catastrophic) failure. Provian Construction Limited (also appointed competitively as a principal contractor to manage and oversee the installation onsite) went to the market informally back in 1.2015 with the object of appointing a suitable contractor to replace the Council's cremators. Provian (a private business contractor) then decided to engage the services of a consultant to undertake a procurement exercise to appoint a contractor to replace the cremators after Crawford's had gone into liquidation. 5 suppliers were invited totender by the consultants but one declined to bid:

— Facultatieve Technologies (FT),

— ATI Environmental UK Limited (ATI).

3 / 4

— Matthews Environmental Solutions Limited,

— IFZW Maintenance UK (IFZW),

— DFW Europe BV (Combustion Solutions Limited) declined to bid.

The intentions were that Provian would then contract direct with their preferred bidder and complete the project,as main Contractors. The intention was as above, that Provian would be contracting with the preferred supplier. Based on the above the Council has decided to award the contract to 1 of the 4 contractors invited to bid as we believe that the main contractor had the right to appoint any qualified subcontractor it deemed fit and suitable tounder take the services involve.

However because this is now going to be awarded by the Council, we have decided as a best practice to issuethis VEAT Notice prior to formally awarding this maintenance contract.

Furthermore the potential risk of having a non-functioning Crematorium facility within the Medway area and impending time constraints means the council proposes to proceed with the award of the contract based one procurement report submitted by the consultants on behalf of the Provian construction Limited (principal contractor).

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: No

Facultatieve Technologies Limited

Moor Road, Leeds, West Yorkshire

Leeds

LS10 2DD

UK

Telephone: +44 1132768888

E-mail: info@facultatieve-technologies.co.uk

NUTS: UKJ41

The contractor is an SME: No

VI.4.1) Review body