Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annex D1)
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
1) 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
Extreme urgency brought about by events unforeseeable by the contracting authority 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
Service contract awarded to the successful candidate or one of them after a design contest: 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
The contract falls outside the scope of application of the Directive This agreement is specific and limited to the environmental remediation of the Kerdifffstown Landfill site. The Environmental Protection Agency ("EPA") originally followed an open tender process in order to identify the successful tenderer for this agreement in order that the EPA could remediate the site further to sections 56 of the Waste Management Act 1996 (as amended) ("WMA"). It subsequently became apparent, due to unforeseen circumstances, that the EPA could not retain competency for the remediation of the site as it is responsible for licensing, and enforcement in respect of, the licensable activities that must be undertaken to remediate the Kerdiffstown Landfill site. The EPA will accordingly cease to intervene under section 56 of the WMA and Kildare County Council ("Intervening Authority") is now taking on the role of intervening authority under section 56 of the WMA. The Intervening Authority will, thereafter, apply to the EPA for a Waste Licence and to An Bord Pleanala for planning permission to undertake the full remediation of the Kerdiffsown Landfill. The associated project specific agreements will be transferring from the EPA to the Intervening Authority in light of this. The only change occurring to the agreement is a change in the name of the contracting authority. The scope, nature and value of the agreement is not changing. The agreement is project specific and limited to remediation of the Kerdiffstown site. The transfer of the agreement consequently does not; (a) introduce conditions which would have allowed for the admission of tenderers other than those initially admitted or allow for the acceptance of a tender other than the one initially accepted; (b) extend the scope of the agreement to encompass services not initially covered; or (c) change the economic balance of the agreement in favour of the successful tenderer.
Weeds Clearance VEAT Kerdiffstown