Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Kirklees Council
Town Hall, Ramsden Street
York
HD1 2TA
UK
Telephone: +44 1484221000
E-mail: highways.contracts@kirklees.gov.uk
NUTS: UKE44
Internet address(es)
Main address: http://www.kirklees.gov.uk
Address of the buyer profile: https://yortender.eu-supply.com
I.1) Name and addresses
City of Bradford Metropolitan District Council
City Hall, Channing Way
Bradford
BD1 1HY
UK
E-mail: highways.contracts@kirklees.gov.uk
NUTS: UKE41
Internet address(es)
Main address: www.bradford.gov.uk
Address of the buyer profile: https://yortender.eu-supply.com
I.1) Name and addresses
The Borough of Calderdale Council
Town Hall, Crossley Street
Halifax
HX1 1UJ
UK
E-mail: highways.contracts@kirklees.gov.uk
NUTS: UKE44
Internet address(es)
Main address: www.calderdale.gov.uk
Address of the buyer profile: https://yortender.eu-supply.com
I.1) Name and addresses
Leeds City Council
Civic Hall, Calverley Street
Leeds, West Yorkshire
LS1 1UR
UK
E-mail: highways.contract@kirklees.gov.uk
NUTS: UKE42
Internet address(es)
Main address: www.leeds.gov.uk
Address of the buyer profile: https://yortender.eu-supply.com
I.1) Name and addresses
City of York Council
Hazel Court, James Street
York
YO10 3DS
UK
E-mail: highways.contracts@kirklees.gov.uk
NUTS: UKE21
Internet address(es)
Main address: www.york.gov.uk
Address of the buyer profile: https://yortender.eu-supply.com
I.2) Joint procurement
The contract involves joint procurement
The contract is awarded by a central purchasing body
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://yortender.eu-supply.com
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://yortender.eu-supply.com
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Framework Agreement for the Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s)
Reference number: KMCHS-392
II.1.2) Main CPV code
71500000
II.1.3) Type of contract
Services
II.1.4) Short description
The Council of the Borough of Kirklees (the "Council") is conducting this procurement process using the open procedure in accordance with the Public Contracts Regulations 2015 ("PCR"). The procurement documentation has been made available following the publication of the
Contract Notice on the UK e-notification service.
This framework is being procured to replace the 'Without Operator' element on the previous Framework (KMCHS-351) which expired on 30th November 2023.
Tenders are invited by the Council and the Other Contracting Authorities from Suppliers with relevant experience and ability to demonstrate sufficient capacity for the provision of the Hire of Civil Engineering Plant, Vehicles and Equipment with Operator.
This framework will be available across the region of Yorkshire and Humberside,and will be used by the following Contracting Authorities:
The City of Bradford Metropolitan District Council - Lot 1,
The Borough of Calderdale Council - Lot 2,
The Council of the Borough of Kirklees - Lot 3,
Leeds City Council - Lot 4,
York City Council - Lot 5
The framework will be advertised on YORtender (tender platform) - https://yortender.eu-supply.com
II.1.5) Estimated total value
Value excluding VAT:
5 300 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
Yes
Tenders may be submitted for all lots
II.2) Description
Lot No: 1
II.2.1) Title
City of Bradford Metropolitan District Council - Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s)
II.2.2) Additional CPV code(s)
42410000
43300000
44000000
45000000
II.2.3) Place of performance
NUTS code:
UKE41
Main site or place of performance:
Geographical Area of Bradford
II.2.4) Description of the procurement
The "Services" under a proposed Framework Agreement will consist of the Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s), within the geographical area as outlined in Appendix 3b - Geographical Map.
This Lot relates to the administrative area of:
The City of Bradford Metropolitan District Council - Lot 1,
Economic Operators may price for one, or more, or all of the lots as detailed at Section II.1.4 of this notice. All of the other contracting authorities shall be hereafter defined as the "contracting authorities" for whom the principal contracting authority (i.e. the Council of the Borough of Kirklees) will act as the contract administrator in relation to the Framework Agreement (available to download at: https://yortender.eu-supply.com)
II.2.5) Award criteria
Criteria below:
Price
II.2.6) Estimated value
Value excluding VAT:
200 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/05/2024
End:
30/04/2028
This contract is subject to renewal: Yes
Description of renewals:
The Framework is intended to run for an initial twenty-four (24) month period from 1st May 2024 to 30th April 2026 with an option to extend the Framework for two further twelve (12) month periods until 30th April 2028.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
Tenderers may price an item(s) in any category or categories within one, more or all of the Lots detailed. There will be no limitation to the number of Lots or categories awarded to any one Supplier.
Lot No: 2
II.2.1) Title
The Borough of Calderdale Council - Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s)
II.2.2) Additional CPV code(s)
42410000
43300000
44000000
45000000
II.2.3) Place of performance
NUTS code:
UKE44
Main site or place of performance:
Geographical Area of Calderdale
II.2.4) Description of the procurement
The "Services" under a proposed Framework Agreement will consist of the Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s), within the geographical area as outlined in Appendix 3b - Geographical Map.
This Lot relates to the administrative area of:
The Borough of Calderdale Council - Lot 2,
Economic Operators may price for one, or more, or all of the lots as detailed at Section II.1.4 of this notice. All of the other contracting authorities shall be hereafter defined as the "contracting authorities" for whom the principal contracting authority (i.e. the Council of the Borough of Kirklees) will act as the contract administrator in relation to the Framework Agreement (available to download at: https://yortender.eu-supply.com)
II.2.5) Award criteria
Criteria below:
Price
II.2.6) Estimated value
Value excluding VAT:
300 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/05/2024
End:
30/04/2028
This contract is subject to renewal: Yes
Description of renewals:
The Framework is intended to run for an initial twenty-four (24) month period from 1st May 2024 to 30th April 2026 with an option to extend the Framework for two further twelve (12) month periods until 30th April 2028.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
Tenderers may price an item(s) in any category or categories within one, more or all of the Lots detailed. There will be no limitation to the number of Lots or categories awarded to any one Supplier.
Lot No: 3
II.2.1) Title
Kirklees Council - Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s)
II.2.2) Additional CPV code(s)
42410000
43300000
44000000
45000000
II.2.3) Place of performance
NUTS code:
UKE44
Main site or place of performance:
Geographical Area of Kirklees
II.2.4) Description of the procurement
The "Services" under a proposed Framework Agreement will consist of the Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s), within the geographical area as outlined in Appendix 3b - Geographical Map.
This Lot relates to the administrative area of:
The Council of the Borough of Kirklees - Lot 3,
Economic Operators may price for one, or more, or all of the lots as detailed at Section II.1.4 of this notice. All of the other contracting authorities shall be hereafter defined as the "contracting authorities" for whom the principal contracting authority (i.e. the Council of the Borough of Kirklees) will act as the contract administrator in relation to the Framework Agreement (available to download at: https://yortender.eu-supply.com)
II.2.5) Award criteria
Criteria below:
Price
II.2.6) Estimated value
Value excluding VAT:
400 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/05/2024
End:
30/04/2028
This contract is subject to renewal: Yes
Description of renewals:
The Framework is intended to run for an initial twenty-four (24) month period from 1st May 2024 to 30th April 2026 with an option to extend the Framework for two further twelve (12) month periods until 30th April 2028.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
Tenderers may price an item(s) in any category or categories within one, more or all of the Lots detailed. There will be no limitation to the number of Lots or categories awarded to any one Supplier.
Lot No: 4
II.2.1) Title
Leeds City Council - Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s)
II.2.2) Additional CPV code(s)
42410000
43300000
44000000
45000000
II.2.3) Place of performance
NUTS code:
UKE42
Main site or place of performance:
Geographical Area of Leeds
II.2.4) Description of the procurement
The "Services" under a proposed Framework Agreement will consist of the Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s), within the geographical area as outlined in Appendix 3b - Geographical Map.
This Lot relates to the administrative area of:
Leeds City Council - Lot 4,
Economic Operators may price for one, or more, or all of the lots as detailed at Section II.1.4 of this notice. All of the other contracting authorities shall be hereafter defined as the "contracting authorities" for whom the principal contracting authority (i.e. the Council of the Borough of Kirklees) will act as the contract administrator in relation to the Framework Agreement (available to download at: https://yortender.eu-supply.com)
II.2.5) Award criteria
Criteria below:
Price
II.2.6) Estimated value
Value excluding VAT:
4 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/05/2024
End:
30/04/2028
This contract is subject to renewal: Yes
Description of renewals:
The Framework is intended to run for an initial twenty-four (24) month period from 1st May 2024 to 30th April 2026 with an option to extend the Framework for two further twelve (12) month periods until 30th April 2028.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
Tenderers may price an item(s) in any category or categories within one, more or all of the Lots detailed. There will be no limitation to the number of Lots or categories awarded to any one Supplier.
Lot No: 5
II.2.1) Title
City of York Council - Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s)
II.2.2) Additional CPV code(s)
42410000
43300000
44000000
45000000
II.2.3) Place of performance
NUTS code:
UKE21
Main site or place of performance:
Geographical Area of York
II.2.4) Description of the procurement
The "Services" under a proposed Framework Agreement will consist of the Hire of Civil Engineering Plant, Vehicles and Equipment without Operator(s), within the geographical area as outlined in Appendix 3b - Geographical Map.
This Lot relates to the administrative area of:
York City Council - Lot 6,
Economic Operators may price for one, or more, or all of the lots as detailed at Section II.1.4 of this notice. All of the other contracting authorities shall be hereafter defined as the "contracting authorities" for whom the principal contracting authority (i.e. the Council of the Borough of Kirklees) will act as the contract administrator in relation to the Framework Agreement (available to download at: https://yortender.eu-supply.com)
II.2.5) Award criteria
Criteria below:
Price
II.2.6) Estimated value
Value excluding VAT:
400 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/05/2024
End:
30/04/2028
This contract is subject to renewal: Yes
Description of renewals:
The Framework is intended to run for an initial twenty-four (24) month period from 1st May 2024 to 30th April 2026 with an option to extend the Framework for two further twelve (12) month periods until 30th April 2028.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
Tenderers may price an item(s) in any category or categories within one, more or all of the Lots detailed. There will be no limitation to the number of Lots or categories awarded to any one Supplier.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
In accordance with (i) Article 57 and 59 to 61 of Directive 2014/24/EU and (ii)Regulations 57 to 61 of the Public Contract Regulations 2015 (SI 2015/102), and as set out in the selection questionnaire ("SQ") available from the address as set out in Section (I.1) of this notice above, the Council of the Borough of Kirklees acting as the principal contracting authority reserves the right to refuse any Contractor's application and to exclude its tender from the evaluation in any of the circumstances as follows:
(i) in the event the completed SQ, supporting information and/or any other tender submissions are incomplete,inaccurate or misleading or otherwise not submitted in accordance with the requirements set out in the SQ or any of the other Tender Documents; and/or;
(ii) for any reason specified in Regulation 57 (Exclusion Grounds) of the Public Contracts Regulations 2015(SI 2015/102), which requires or permits the principal contracting authority not to select or to treat any Contractor as an ineligible Contractor; and / or
(iii) Contractors scoring "Fail" in the SQ will not be selected for consideration of their tender submission.
Section 7 - Modern Slavery Act 2015: Requirements under Modern Slavery Act 2015.
Answering "Yes" to question 7.1 and "No" to Question 7.2 will result in exclusion unless the Contractor:
(1) can demonstrate that you are legally exempt from the requirement to comply with the annual reporting requirements contained within section 54 of the Act; or
(2) commit to comply with such reporting requirements within 6 months of the date of your submitted questionnaire.
III.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
The performance of the Orders by the economic operator during the Framework Period will be subject to review by the principal contracting authority and the other contracting authorities, carried out in accordance with the tender documents which are available to download at https://yortender.eu-supply.com
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement with several operators.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
20/03/2024
Local time: 13:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7) Conditions for opening of tenders
Date:
20/03/2024
Local time: 13:01
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
Yes
VI.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3) Additional information
The contracting authority (i.e. the Council of the Borough of Kirklees) considers that this Framework Agreement may be suitable for economic operators that are small or medium enterprises ("SMEs"). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the Framework Agreement will be awarded on the basis of the most economically advantageous tender based on lowest price only. The award criteria is set out in the procurement documentation (available to download at https://yortender.eu-supply.com). With regards to the estimated total value of works for the entire duration of the Framework Agreement, please note the values stipulated in Section II.1.5 of this Notice above covers the potential spend of Council of the Borough of Kirklees, throughout the duration of the Framework Agreement. Not withstanding the range of values stipulated in Section II.1.5, however, for the avoidance of doubt please note that:
i) The estimates given in Section II.1.5 of this Notice are strictly estimated values only.
ii) Any information supplied in the Tender Documents as to the likely volumes of works or the times when they are likely to be required are given purely as indication of past experiences of the Council.
iii) The anticipated usage of this Framework Agreement is unknown at present. Tenderers should note that it is not possible to establish an exact future workload and it is therefore not possible to guarantee that all or any of the successful economic operators with whom Kirklees Council enters into the Framework Agreement will in fact be called upon to execute Services on behalf of the Council. Unless otherwise specifically stated elsewhere in the Tender Documents, there is no minimum or maximum value/quantity of Services that may be ordered on anyone occasion and the rates tendered must therefore reflect the likelihood of varying magnitude of Services and types of Services.
iv) The Council is not bound to enter into any Services Order or other contract following discussions or other representations and the Council shall not incur any liability in respect of any failure to enter into any Service Contract or in connection with the total volume, type of Services or value of Services anticipated by the economic operators or which any economic operator is asked to carry out.
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
The Strand, Westminster
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
In accordance with Regulation 86 (Notices of decisions to award a contract or conclude a framework agreement), Regulation 87 (Standstill periods) and Chapter 6 (Applications to Court) of the Public Contract Regulations 2015 (SI 2015/102),the principal contracting authority has incorporated a minimum ten (10) calendar day standstill period at the point that information on the conclusion of the Framework Agreement was communicated to Contractors. This period allowed any unsuccessful Contractor(s) to seek further debriefing from the contracting authority before the award (or non-award) of the Framework
Agreement. Such additional information should have been (and can still be) requested from the address at Sections I.1 and I.3 of this Notice above. If an appeal regarding the award (or non-award) of the Framework Agreement has not been successfully resolved, then the Regulations 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 started within thirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had arisen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3)months after that date. Where the Framework agreement has not been awarded, the Court may order the setting aside of the award decision or reorder the contracting authority to amend any document and may award damages. If however the Framework Agreement has been awarded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the Framework Agreement to be ineffective.
VI.5) Date of dispatch of this notice
19/02/2024