Section one: Contracting authority/entity
one.1) Name and addresses
Suffolk County Council
Endeavour House, Russell Rd
IPSWICH
IP12BX
Contact
Martin Jennings
martin.jennings@suffolk.gov.uk
Telephone
+44 1473260450
Country
United Kingdom
Region code
UKH14 - Suffolk
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main 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
Operation & Maintenance of the Gull Wing
Reference number
CD1384
two.1.2) Main CPV code
- 63712310 - Bridge operating services
- IA38 - For mechanical installations
two.1.3) Type of contract
Services
two.1.4) Short description
The Council appointed Farrans to construct the Gull Wing across Lake Lothing in Lowestoft.
Prior to the completion of the construction Suffolk County Council (SCC) intends to appoint Associated British Ports (ABP) to undertake the operation and management and operation of the maintenance of the Gull Wing. ABP shall be given this responsibility for a period of 5 years, with the option to extend for up to a further 5 years. The awarding of the contract shall provide adequate lead in time prior to the bridge becoming operational in order to undertake training and implement a supply chain to undertake maintenance elements of the contract.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £18,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45233139 - Highway maintenance work
- 45259000 - Repair and maintenance of plant
- 50230000 - Repair, maintenance and associated services related to roads and other equipment
- 50530000 - Repair and maintenance services of machinery
- 50712000 - Repair and maintenance services of mechanical building installations
two.2.3) Place of performance
NUTS codes
- UKH14 - Suffolk
Main site or place of performance
Gull Wing, Lowestoft, Suffolk
two.2.4) Description of the procurement
The operation of and management and operation of the maintenance of the Gull Wing bridge in Lowestoft, Suffolk including but not limited to mechanical and electrical plant, the bridge structure and highway and associated maintenance.
two.2.11) Information about options
Options: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
Suffolk County Council has determined that ABP are the only organisation that can successfully operate and manage the maintenance of the Gull Wing. This is due to ABP's unique position as the statutory harbour authority, the operator and first line maintainer of the A47 bascule bridge on behalf of National Highways and the operator of the Lowestoft port.
Lowestoft port is a key economic hub within Lowestoft and Suffolk and the synergies that can be achieved from ABP operating both the existing bascule bridge and the Gull Wing will enable the port to remain efficient and grow the economy of Lowestoft and further afield.
These efficiencies would be impacted by having a separate maintenance contractor(s) to the operator, as they would have conflicting pressures.
1. Separate operator and maintainer of the Gull Wing: There are potentially conflicting commercial pressures from having a separate operator and maintainer which could result in co-ordination difficulties and response times to issues adversely affecting road and marine traffic, and compromising the 120 year design life of the bridge.
2. Separate bridge operators for Gull Wing and existing Bascule Bridge: There are also potential navigational safety risks in having two separate bridge operators within the working port of Lowestoft, in particular the potential for the safety of vessels traversing both bridges being compromised by either coordination failures or a technical failure with equipment on one or other bridge, that is not known or understood by the other operator, this potential is increased due to the proximity of the 2 bridges and that they are both within the port of Lowestoft.
Because of these conflicting pressures Suffolk County Council has concluded that to minimise the disruption upon Lowestoft and the port, ABP are the only organisation able to manage the maintenance of the Gull Wing in a manner that does not negatively impact on the economy of Lowestoft.
ABP would contract with appropriately qualified third parties to undertake the maintenance of the mechanical, structure and highway elements of the Gull Wing and would be responsible for the timing of these activities to ensure the least disruption.
Because of the above there is no competitive market. As such, Suffolk has decided to commence a negotiation directly with ABP to enter into a new agreement.
Whilst Suffolk CC is confident that its analysis of these circumstances is correct, it remains committed to meeting its public procurement obligations and, in particular, its commitments to transparency and equal treatment. It is therefore filing this notice to ensure that no other service provider believes it could in fact meet the requirements as described above. If you do believe you can, then please contact us via martin.jennings@suffolk.gov.uk for a more detailed discussion.
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
Contract No
CD1384
Title
Operation and Maintenance of the Gull Wing
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
1 March 2023
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
Associated British Ports
London
Country
United Kingdom
NUTS code
- UKI - London
Companies House
ZC000195
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £18,000,000
Lowest offer: £6,000,000 / Highest offer: £18,000,000 taken into consideration
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Proportion: 40 %
Short description of the part of the contract to be subcontracted
It is expected that the mechanical and electrical, the bridge structure and the highway and associated maintenance elements of the contract will be sub-contracted by ABP to appropriately qualified organisations.
Section six. Complementary information
six.3) Additional information
Suffolk County Council reserves the right to procure repeat requirements of a similar nature without a further call for competition pursuant to Regulation 32 of the public contracts Regulations 2015 (or such similar provisions as shall be in force in England & Wales at that time).
six.4) Procedures for review
six.4.1) Review body
High Court
London
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Suffolk County Council incorporates a minimum 10 calendar day standstill period from the point at which information on the award of contract is communicated. If an appeal regarding the award of contract has not been successfully resolved: The Public Contracts Regulations 2015 as amended provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rules, to take action in the High Court (England, Wales and Northern Ireland) Any such action must be brought promptly