Section one: Contracting authority/entity
one.1) Name and addresses
Oxfordshire County Council
County Hall
Oxford
OX1 1ND
Contact
Ms Amy Keylock
Amy.Keylock@Oxfordshire.gov.uk
Telephone
+44 7392318916
Country
United Kingdom
NUTS code
UKJ14 - Oxfordshire
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Highway Maintenance, Design, Construction and Other Services - CPU 455.
Reference number
DN530639
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
The Highways Contract is for the contractor to develop, with the Council, a high performing comprehensive highways service. The Highways Contract encompasses highway maintenance, design, construction, transport planning consultancy, with other services including but not limited to vehicle and grounds maintenance.
On 13 July 2010 the Council entered into the Highways Contract with Atkins Limited ("Atkins") to provide the above works following a tender process commenced by contract notice 2008/S 210-279078 dated 29 October 2008. The Highways Contract is for a contract period of 10 years commencing 1 April 2010, extendable by up to a further 10 years. So far, the contract has been extended by three years so that the contract period expires end of March 2023. The values set out at II.2.7 of this VEAT Notice represent the estimated remaining value of the Highways Contract across the possible remaining term.
Atkins contracted to sell its highways maintenance business to Skanska Construction UK Limited ("Skanska"). The sale proceeded by way of an asset sale and included the plant and equipment required to operate the highways maintenance business of Atkins, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also included the transfer of customer contracts, including the Highways Contract with the Council.
The Highways Contract between the Council and Atkins permitted assignment by Atkins of the benefit of the Contract with the consent of the Council. Atkins requested consent to assign the benefit of the Contract to Skanska and the Council consented to such assignment. The Highways Contract also provided that the original Provider should remain legally responsible for performance of the Contract, even if the benefit of the Contract is assigned. The Council relied on this provision.
A VEAT notice was published in OJEU.
Skanska have contracted to sell its highways maintenance business to Milestone Infrastructure Limited. The sale will proceed by way of an asset sale, and will include plant and equipment required to operate the highways maintenance business of Skanska, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also includes the transfer of customer contracts, including the Highways Contract with the Council.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Lowest offer: £97,000,000 / Highest offer: £166,000,000 taken into consideration
two.2) Description
two.2.2) Additional CPV code(s)
- 45221100 - Construction work for bridges
- 50000000 - Repair and maintenance services
- 50100000 - Repair, maintenance and associated services of vehicles and related equipment
- 71000000 - Architectural, construction, engineering and inspection services
- 77000000 - Agricultural, forestry, horticultural, aquacultural and apicultural services
two.2.3) Place of performance
NUTS codes
- UKJ14 - Oxfordshire
two.2.4) Description of the procurement
The Highways Contract is for the contractor to develop, with the Council, a high performing comprehensive highways service. The Highways Contract encompasses highway maintenance, design, construction, transport planning consultancy, with other services including but not limited to vehicle and grounds maintenance.
On 13 July 2010 the Council entered into the Highways Contract with Atkins Limited ("Atkins") to provide the above works following a tender process commenced by contract notice 2008/S 210-279078 dated 29 October 2008. The Highways Contract is for a contract period of 10 years commencing 1 April 2010, extendable by up to a further 10 years. So far, the contract has been extended by three years so that the contract period expires end of March 2023. The values set out at II.2.7 of this VEAT Notice represent the estimated remaining value of the Highways Contract across the possible remaining term.
Atkins contracted to sell its highways maintenance business to Skanska Construction UK Limited ("Skanska"). The sale proceeded by way of an asset sale and included the plant and equipment required to operate the highways maintenance business of Atkins, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also included the transfer of customer contracts, including the Highways Contract with the Council.
The Highways Contract between the Council and Atkins permitted assignment by Atkins of the benefit of the Contract with the consent of the Council. Atkins requested consent to assign the benefit of the Contract to Skanska and the Council consented to such assignment. The Highways Contract also provided that the original Provider should remain legally responsible for performance of the Contract, even if the benefit of the Contract is assigned. The Council relied on this provision.
A VEAT notice was published in OJEU.
Skanska have contracted to sell its highways maintenance business to Milestone Infrastructure Limited. The sale will proceed by way of an asset sale, and will include plant and equipment required to operate the highways maintenance business of Skanska, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also includes the transfer of customer contracts, including the Highways Contract with the Council.
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
This Voluntary Transparency Notice gives notice that Oxfordshire County Council (the "Council") intends to enter into a contract in the form of a Deed of Novation (the "Deed of Novation") to novate an underlying public works contract (the "Contract") to Milestone Infrastructure Limited ("Milestone").
The Council considers the effect of entering into the Deed of Novation to be a permitted modification to the Contract under regulation 72 of the Public Contracts Regulations 2015 and, as such, does not require a separate procurement procedure.
In particular, the novation to Milestone falls within the safe harbour at regulation 72(1)(d) on the basis that a new contractor replaces the one to which the Council had initially awarded the Contract. More specifically:
1. Milestone is replacing the original contractor following a corporate restructuring in the form of a business sale to Milestone. This business sale has the consequence of the universal succession of Milestone into the position of the initial contractor (within the meaning of regulation 72(1)(d)(ii));
2. Milestone fulfils the criteria for qualitative selection initially established in the procurement of Contract; and
3. The novation of the Contract to Milestone does not entail any other substantial modifications to the contract, and is not aimed at circumventing the application of the Public Contracts Regulations 2015.
For the reasons set out in this notice, the modification to the Contract by way of the Deed of Novation is permitted under the Public Contract Regulations 2015, and a new procurement procedure is not required.
The Council has not yet entered into the Deed of Novation but intends to do so as soon as practicable following a ten day standstill period starting from the date after publication of this notice.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
17 March 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Milestone Infrastructure Limited
Abel Smith House, Gunnels Wood Road
Stevenage
SG1 2ST
Country
United Kingdom
NUTS code
- UKJ14 - Oxfordshire
National registration number
10260164
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Lowest offer: £97,000,000 / Highest offer: £166,000,000 taken into consideration
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
Royal Courts of Justice
London
WC1A 2LL
Country
United Kingdom