Restoration works at the Glenmuckloch Open Cast Coal mining site, Dumfries and Galloway, to comply with obligations imposed under the relevant planning permissions governing the mineral extraction operations (references (i) 99/P/30571 (ii) ...
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
I.1)Name, addresses and contact point(s)
The Dumfries and Galloway Council
Council Offices, English Street Dumfries
Contact point(s): The Dunfries and Galloway Council
For the attention of: Rhona Lewis
DG1 2DD Dumfries
UNITED KINGDOM
Telephone: +44 1387260601
E-mail:
Internet address(es):
General address of the contracting authority/entity: http://www.dumgal.gov.uk
I.2)Type of the contracting authority
Regional or local authority
I.3)Main activity
General public services
1.4)Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract
Glenmuckloch Restoration.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
NUTS code UKM3
II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
Restoration works at the Glenmuckloch Open Cast Coal mining site, Dumfries and Galloway, to comply with obligations imposed under the relevant planning permissions governing the mineral extraction operations (references (i) 99/P/30571 (ii) 06/P/3/0151 (iii) 07/P/3/0799 (iv) 09/P/3/0028 and (v) 10/P/3/0323).
II.1.5)Common procurement vocabulary (CPV)
45254100
II.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Section IV: Procedure
IV.1)Type of procedure
Negotiated without publication of a contract notice / call for competition
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical, connected with the protection of exclusive rights
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
Glenmucklock Open Cast Coal mining site ("the Site”) is currently governed by Planning Permission References (i) 99/P/30571 (ii) 06/P/3/0151 (iii) 07/P/3/0799 (iv) 09/P/3/0028 and (v) 10/P/3/0323. Dumfries and Galloway Council ("the Council”) is the planning authority for the Site under the Town and Country Planning (Scotland) Act 1997. Planning permission was granted subject to a planning obligation agreement entered into under Section 75 of the Town and Country Planning (Scotland) Act 1997 including provisions relating to the restoration requirements of the Site. As part of the planning obligations relating to restoration, the Council has the benefit of a performance guarantee from Euler Hermes UK plc to a maximum of nine million pounds. The Site is in private ownership. The owners entered into agreements granting mineral extraction rights over part of the Site to a private company (Aardvark TMC Limited ("Aardvark”). Following a restructuring of the business and assets of Aardvark through a planned insolvency procedure, Aardvark's proprietary interest at the Site has transferred to another private sector company, Glenmuckloch Restoration Limited ("GMR”). Buccleuch Group, who owned the majority of the Site, has also transferred their interests in the site to GMR. GMR has appointed Hargreaves Surface Mining Limited as its principal contractor to operate that part of the Site in which it has an interest.GMR have granted to Hargreaves Surface Mining Limited, the rights in relation to the extraction of coal at another part of the Site (the Lagrae Extension) and to undertake its restoration. The method of working the Lagrae Extension is indivisibly linked with the existing area previously worked by Aardvark. The part of the Site currently requiring restoration is devoid of sufficient soils and soil making materials. The intention is that, when carrying out excavation work in the extension the operator will maximise the recovery of suitable soil making material encountered below the subsoil and this will be placed progressively onto restored overburden profiles within the existing former Aardvark Site. Hargreaves have contractual agreements and/or ownership of all means of existing access for heavy plant to the Site. Any alternative route would require the negotiation and construction of a separate new road of some 2 miles in length. Hargreaves has acquired from the liquidator all the Aardvark mining, geological and intellectual property and has secured the services of all former Aardvark personnel thereby securing extensive knowledge of the Site and the extension. In view of the failure of Aardvark to undertake the restoration at the Site in accordance with the Planning Permissions, the Council is calling upon the performance bond in order to secure the work required to restore the Site. The Council is proposing to appoint Hargreaves Surface Mining Limited as the contractor to undertake the required restoration works. The Council considers that for technical reasons and for reason connected to the protection of exclusive rights, the contract for the restoration work of the former Aardvark Site, can only be awarded to this particular operator and is therefore using the negotiated procedure without prior competition.
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical, connected with the protection of exclusive rights
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
Glenmucklock Open Cast Coal mining site ("the Site”) is currently governed by Planning Permission References (i) 99/P/30571 (ii) 06/P/3/0151 (iii) 07/P/3/0799 (iv) 09/P/3/0028 and (v) 10/P/3/0323. Dumfries and Galloway Council ("the Council”) is the planning authority for the Site under the Town and Country Planning (Scotland) Act 1997. Planning permission was granted subject to a planning obligation agreement entered into under Section 75 of the Town and Country Planning (Scotland) Act 1997 including provisions relating to the restoration requirements of the Site. As part of the planning obligations relating to restoration, the Council has the benefit of a performance guarantee from Euler Hermes UK plc to a maximum of nine million pounds. The Site is in private ownership. The owners entered into agreements granting mineral extraction rights over part of the Site to a private company (Aardvark TMC Limited ("Aardvark”). Following a restructuring of the business and assets of Aardvark through a planned insolvency procedure, Aardvark's proprietary interest at the Site has transferred to another private sector company, Glenmuckloch Restoration Limited ("GMR”). Buccleuch Group, who owned the majority of the Site, has also transferred their interests in the site to GMR. GMR has appointed Hargreaves Surface Mining Limited as its principal contractor to operate that part of the Site in which it has an interest.GMR have granted to Hargreaves Surface Mining Limited, the rights in relation to the extraction of coal at another part of the Site (the Lagrae Extension) and to undertake its restoration. The method of working the Lagrae Extension is indivisibly linked with the existing area previously worked by Aardvark. The part of the Site currently requiring restoration is devoid of sufficient soils and soil making materials. The intention is that, when carrying out excavation work in the extension the operator will maximise the recovery of suitable soil making material encountered below the subsoil and this will be placed progressively onto restored overburden profiles within the existing former Aardvark Site. Hargreaves have contractual agreements and/or ownership of all means of existing access for heavy plant to the Site. Any alternative route would require the negotiation and construction of a separate new road of some 2 miles in length. Hargreaves has acquired from the liquidator all the Aardvark mining, geological and intellectual property and has secured the services of all former Aardvark personnel thereby securing extensive knowledge of the Site and the extension. In view of the failure of Aardvark to undertake the restoration at the Site in accordance with the Planning Permissions, the Council is calling upon the performance bond in order to secure the work required to restore the Site. The Council is proposing to appoint Hargreaves Surface Mining Limited as the contractor to undertake the required restoration works. The Council considers that for technical reasons and for reason connected to the protection of exclusive rights, the contract for the restoration work of the former Aardvark Site, can only be awarded to this particular operator and is therefore using the negotiated procedure without prior competition.
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
IV.3.2)Previous publication(s) concerning the same contract
Section V: Award of contract
V.1)Date of contract award decision:
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken
Hargreaves Surface Mining Limited
West Terrace, Esh Winning
DH7 9PT Durham
UNITED KINGDOM
V.4)Information on value of contract
V.5)Information about subcontracting
Section VI: Complementary information
VI.1)Information about European Union funds
VI.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice:
5.7.2013