VOLUNTARY EX ANTE TRANSPARENCY NOTICE

Section I: Contracting Authority/Entity

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education Other (Please specify): Wholesale Market

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

Provision of Management Services of retail Sunday Market

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

Provision of management services of weekly Sunday Market at the Nine Elms site supporting the Covent Garden Market Authority who will be the Market operator

II.1.5)

Common Procurement Vocabulary (CPV)

II.1.6)

Contract covered by the government procurement agreement (GPA)

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

IV.3.2)

Previous publication(s) concerning the same contract

Other previous publications

Section V: Award of contract

Contract No:

 Lot Number: 

 Title: 

V.1)

Date of contract award decision:

V.2)

Numbers of offers received:

V.3)

Name and address of economic operator to whom the contract has been awarded

V.4)

Information on value of contract

V.5)

The contract is likely to be subcontracted

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

VI.2)

Additional Information

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

VI.3.3)

Service from which information about the lodging of appeals may be obtained

VI.4)

Dispatch date of this Notice

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

a) No tenders or no appropriate tenders in response to:

	Open procedure
	Restricted procedure

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

	Technical
	Artistic
	Connected with the protection of exclusive rights

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g)Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

	from a supplier which is definitely winding up its business activities
	from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU:

k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC

l) The contract falls outside the scope of application of the relevant directive.

In addition to the box(es) ticked above please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the OJEU is lawful, stating in any case the relevant facts, and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum):

The redevelopment of the the New Covent Garden Market has commenced following the appointment of the private development contractor (PDP) in 2012 and will continue for a period of 5-6 years. The site must remain operational requiring the PDP to construct the new market around the existing market operations. This will be achieved through a phased construction approach to be refined throughout the development and will be a core deliverable through this period requiring detailed understanding of the existing services. The configuration of the layout of the site and the area available for the Sunday Market operation will be subject to change and short notice alterations to the configuration, often reducing the trading area available significantly. The current contractor's knowledge of the Sunday Market operation and also the weekday wholesale Trader's locations and operational requirements is vital during the redevelopment in ensuring these changes are accommodated effectively and that the wholesale trade for the market is not compromised. The Sunday Market which at present operates between the 2 main buildings will, during the build, will be relocated around the site in conjunction with the phasing programme as buildings are demolished and new construction takes place as the phasing strategy dictates throughout the build programme. The technical and ever evolving challenges of moving these locations possibly on a week to week basis are immense especially when considering the need to manage 8 000 plus members of the public and traffic movements on site during the Sunday Market operating hours 0600 to 1700 hrs and commensurate return from a retail area to wholesale operations beginning at 1800 hours on a co-located areas. The detailed requirements of the phasing of the redevelopment and the detailed design are not yet know and will be subject to alteration. Therefore it is technically impractical to adequately scope the contract service requirements for a procurement process, whilst also delivering agreed quality and cost certainty from both a tender and operational perspective. Accordingly, the present circumstances fall within Article 31 of Directive 2001/18/EC in that for technical reasons the contract may be awarded only to a particular economic operator, namely the present contractors, Saunders Markets Ltd.