Electrification Works at Huddersfield Depot

Award outcome

Description

As part of the introduction of the Weaver Network in West Yorkshire, the Combined Authority intends that electric buses will operate from the Huddersfield Depot for the purposes of providing local services under the West Yorkshire bus franchising scheme. The Combined Authority is currently negotiating purchase of depots, but the Operator is likely to have exclusive access to the depot prior to franchised services commencing and the Combined Authority requires that the Operator procure the electrification works at the Depot to be in place prior to that. As a result, the Combined Authority intends to fund the electrification of the depot from the Joint Air Quality Unit and West Yorkshire Transport Fund. Whilst the Combined Authority has agreed to grant fund this electrification, it acknowledges that, as the works will ultimately benefit the Combined Authority the funding agreement could be viewed as a Works contract, and therefore the Combined Authority has chosen to comply with the Procurement Act 2023 in procuring the funding and delivery of these Works. The works consist of Electrification works. Direct award justification Single supplier - intellectual property or exclusive rights At the point of award and commencement of works, First will have exclusive rights in respect of access to the depot, either as owner of the depot, or, where First has sold the depot to the Combined Authority, through its rights of quiet enjoyment to deliver its bus services prior to the introduction of franchising. As a result, the Combined Authority is unable to procure the Works at the depot from any other party, due to First's exclusive rights of occupation. Whilst the Combined Authority has considered whether the Works can be delivered at other locations this will not achieve the overall franchising strategy of the Combined Authority which requires certain strategic depots to be electrified. Delaying the works until the Combined Authority has greater control over the depot would mean that electrification was not delivered by the time franchised services commenced and would therefore fail to deliver the Combined Authority's policy objectives for the procurement. As a result, the Combined Authority therefore intend to direct award in accordance with paragraph 6 of Schedule 5 Procurement Act 2023 on the basis that First's exclusive rights mean that they are the only party that can deliver the Works, and there are not viable alternatives to deliver of the Works at this site.

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