Awarded contract

Contract Extension-Street Lighting Term Service Contract

  • London Borough of Hillingdon

F15: Voluntary ex ante transparency notice

Notice reference: 2024/S 000-010976

Published 4 April 2024, 3:11pm



Section one: Contracting authority/entity

one.1) Name and addresses

London Borough of Hillingdon

London

Hillingdon

London

Contact

Allison Mayo

Email

AMayo@hillingdon.gov.uk

Country

United Kingdom

NUTS code

UKI74 - Harrow and Hillingdon

Internet address(es)

Main address

www.hillingdon.gov.uk

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-Street Lighting Term Service Contract

two.1.2) Main CPV code

  • 45316110 - Installation of road lighting equipment

two.1.3) Type of contract

Works

two.1.4) Short description

The London Borough of Hillingdon (the Authority) intends to enter into a deed of contract extension with J McCann & Co Limited in relation to a Streetlighting Term Service Contract for street lighting routine maintenance, inspection, maintenance and testing of street lighting and traffic signs and bollard and traffic sign cleaning, (the Underlying Contract). The Underlying Contracts were originally procured under OJEU Contract Notice 2016/S 122-218733, published on 22 June 2016.

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: £6,500,000

two.2) Description

two.2.2) Additional CPV code(s)

  • 31500000 - Lighting equipment and electric lamps
  • 31520000 - Lamps and light fittings
  • 31530000 - Parts of lamps and lighting equipment
  • 31532400 - Lamps sockets
  • 34928510 - Street-lighting columns
  • 34928520 - Lampposts
  • 34928530 - Street lamps
  • 45316110 - Installation of road lighting equipment
  • 50232110 - Commissioning of public lighting installations

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 street lighting maintenance services pursuant to the Street Lighting Term Service Contract

The Authority intends to enter a deed of contract extension with the Contractor to extend the Street Lighting Term Service Contracts, the effect of which will be the following:

• Capital investment works- Column Replacement Programme and Structural testing of street lighting columns

• Term service works including:

• Routine maintenance, inspection, maintenance and testing of street lighting and traffic signs, bollard, and traffic sign cleaning;

• Non-routine maintenance of street lighting and traffic signs to include emergency call outs and on-going fault repairs

• Night scouting;

• 24-hour emergency call out facility

• Management of fault reports, complaints and Member enquiries.

• Task order works as instructed on an ad-hoc basis based on a tendered Schedule of Rates, covering:

• Street lighting design for town centre improvement schemes

• Column painting programme (to reduce year on year following the installation of non-painted galvanised steel columns).

• 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 street lighting 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 street lighting maintenance services ,management and related services, by the Contractor, in relation to the Authority’s street lighting 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

3 October 2016

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

J McCann & Co Limited

McCann House, 110 Nottingham Road, Chilwell

Nottingham

NG9 6DQ

Country

United Kingdom

NUTS code
  • UKF14 - Nottingham
The contractor/concessionaire is an SME

No

five.2.4) Information on value of contract/lot/concession (excluding VAT)

Total value of the contract/lot/concession: £6,500,000

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