Section one: Contracting authority/entity
one.1) Name and addresses
London Borough of Hillingdon
Civic Centre, High Street
Uxbridge
UB8 1UW
Contact
Allison Mayo
Country
United Kingdom
NUTS code
UKI74 - Harrow and Hillingdon
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
Contract Extension - LB Hillngdon - Highways Term Service Contract
two.1.2) Main CPV code
- 45233139 - Highway maintenance work
two.1.3) Type of contract
Works
two.1.4) Short description
The London Borough of Hillingdon (the Authority) intends to enter into contract extension with O’ Hara Bros Surfacing Limited in relation to a Highways Term Service Contract for highways management and maintenance works (resurfacing of footways, carriageways and pothole repairs, drainage works and street furniture installation), the Underlying Contracts). The Underlying Contracts were originally procured under OJEU Contract Notice 2013/S 127-217050, published on 28 June 2013.
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: £25,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 34144410 - Gully emptiers
- 45232452 - Drainage works
- 45233000 - Construction, foundation and surface works for highways, roads
- 45233100 - Construction work for highways, roads
- 45233130 - Construction work for highways
- 45233140 - Roadworks
- 45233141 - Road-maintenance works
- 45233142 - Road-repair works
- 45233150 - Traffic-calming works
- 45233161 - Footpath construction work
- 45233162 - Cycle path construction work
- 45233210 - Surface work for highways
- 45233220 - Surface work for roads
- 45233221 - Road-surface painting work
- 45233222 - Paving and asphalting works
- 45233223 - Carriageway resurfacing works
- 45233340 - Foundation work for footpaths
- 90640000 - Gully cleaning and emptying services
two.2.3) Place of performance
NUTS codes
- UKI74 - Harrow and Hillingdon
two.2.4) Description of the procurement
The Authority appointed the Contractor to provide highways maintenance services pursuant to the Highways Term Service Contract
The Authority intends to enter a deed of contract extension with the Contractor to extend the Highways Term Service Contracts, the effect of which will be the following:
• Highway management and maintenance (resurfacing of footways and carriageways, pothole repairs and drainage works),
• Highway improvement works), town centre improvement, minor bridge maintenance, public realm investment projects,
• Cyclic gully cleansing, residential vehicular crossovers & reactive maintenance and task order works instructed on an ad-hoc basis.
• To extend the expiry date to 31 March 2026
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 VTN gives notice that the Authority is entering into a deed of extension (the "Contract") to extend the duration of the existing highways term service contract between the Authority and the Contractor.
The extension does not seek to introduce new requirements, amendments to the commercial terms or the intended scope of works to be provided under the Term Service Contract and are to be delivered in the same geographical location as the current contract. This will continue as currently drafted (NEC 3 Term Service Contract (June 2005) (with amendments April 2013).
A procurement procedure is not necessary on the basis that the award of the Contract is permitted pursuant to
Regulation 72 (1) (e) and 72(8) of the Public Contracts Regulations 2015.The Contract will have the effect of modifying the Underlying Contracts in accordance with Regulation 72 of the Public Contract Regulations 2015.
The Underlying Contract concern the provision of a range of highway maintenance services management and related services, by the Contractor, in relation to the Authority’s Road network.
Namely, the proposed modification is not substantial within the meaning of Regulation 72 (1) (e) and on the basis that:
1. the modification does not render the Underlying Contract materially different in character – the works to be delivered are limited in nature to those already delivered, in the same geographical location and on identical commercial terms to those of that under the Underlying Contract and do not seek to introduce new requirements or amendments to the commercial terms
2. the modification is for a limited period and is intended to facilitate the re-procurement of opportunities as a whole
3. the Council has satisfied itself that the modification does not introduce conditions which would have (a) allowed for the admission of other candidates, (b) allowed for the acceptance of another tender, or (c) attracted additional participants in the procurement procedure – The Authority has satisfied that, had the Contract been originally advertised to take account of the extension, it is unlikely that this would have changed the outcome of the procurement or resulted in a different cohort of tenderers.
4. the modification does not change the economic balance in favour of the contractor in a manner which was not provided for in the contract – The Authority has satisfied itself that the proposed pricing is on market terms and has been benchmarked this against market knowledge of similar contracts/pricing models and therefore remains reflective of market costs and does not amount to an over-compensation of the services to be provided.
5. The modification extends the scope of the contract considerably – the Authority has satisfied itself that the modification does not extend the scope of the contract considerably as the extension is limited in duration to facilitate the re-procurement process and the specification and commercial terms remain unamended.
6. As per our comments at 1 above, the modification does not extend the scope of the contract. For the reasons set out above, the proposed modification does not constitute a substantial modification and is permitted by Regulation 72 (1) (e) of the Public Contracts Regulations 2015.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
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
30 December 2013
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
O' Hara Bros Surfacing Limited
101 Rowlands Avenue, Hatch End
Pinner
HA5 4AW
Country
United Kingdom
NUTS code
- UKI74 - Harrow and Hillingdon
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £25,000,000
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
London
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
High Court of England and Wales
London
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The Contracting Authority will conduct itself in accordance with the Public Contracts Regulations 2015.
six.4.4) Service from which information about the review procedure may be obtained
Cabinet Office
London
Country
United Kingdom