Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
Cambridgeshire County Council
Shire Hall, Castle Hill
Cambridge
CB3 0AP
UK
Contact person: Mr Jon Collyns
Telephone: +44 1223715353
E-mail: jon.collyns@cambridgeshire.gov.uk
NUTS: UKH12
Internet address(es)
Main address: https://procontract.due-north.com/Login
Address of the buyer profile: https://www.cambridgeshire.gov.uk/business/business-with-the-council/providing-goods-and-services-to-the-council
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Cambridgeshire County Council Highway Services Contract 2017
Reference number: DN520334
II.1.2) Main CPV code
45233000
II.1.3) Type of contract
Works
II.1.4) Short description
The contract is for the contractor to develop with the Council a high-performing, comprehensive highways service. The contract encompasses highway maintenance, design, construction, transport planning, consultancy with other services including but not limited to vehicle and grounds maintenance.
— following publication of an OJEU contract notice 2015/S 208-376868 dated 22 October 2015 and use of the competitive dialogue in 2015-2017, Cambridgeshire County Council established a single contract with Skanska Construction UK Limited (‘Skanska’) providing both works and consultancy as a fully integrated highway service commencing on 1 July 2017. The contract period is for 10 years with possible extensions at the Council’s discretion to a maximum of 15 years,
— Skanska has contracted to sell its highways maintenance business to Milestone Infrastructure Ltd (‘Milestone’). The sale will proceed as 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 currently used by the highways maintenance business, and the transfer of approximately 1,487 employees. It will also include the transfer of customer contracts, including this contract with the Council,
— the contract between the Council and Skanska permits novation by Skanska of the contract with the consent of the Council. Skanska has requested consent to novate to Milestone and the Council intends to consent to such novation subject to a decision of the Highways and Transport Committee on 9 March 2021. Entry into such deed of novation to reflect the change in circumstances will not take place earlier than 18 days after the publication of this notice
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Lowest offer:
600 000 000.00
GBP/ Highest offer:
900 000 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
34143000
45221100
45233130
45233139
45233140
45233229
50111000
50230000
50700000
63712000
71311210
71311220
71600000
77300000
80550000
90640000
II.2.3) Place of performance
NUTS code:
UKH12
II.2.4) Description of the procurement
Cambridgeshire County Council sought to establish a single contract providing both works and consultancy as a fully integrated highways service. It advertised for a business and delivery partner to fulfil these requirements in OJEU contract notice 2015/S 208-376868. The contract notice advertised an opportunity to enter into a single contract and the procurement was carried out using the competitive dialogue. The contract was advertised as being available to be used by other contracting authorities, the details of which were specified in the notice.
On 17 July 2017, Cambridgeshire County Council entered into the advertised contract with Skanska Construction UK Ltd. This arrangement continued until Skanska Construction UK Ltd was acquired by Milestone Infrastructure Limited. Cambridgeshire County Council is proposing to enter into a deed of novation together with Skanska Construction UK Ltd and Milestone Infrastructure Ltd in order to reflect the change in circumstances. As such, a novation will not be a substantive change and is permitted by Regulation 72(1)(d)(ii) of the Public Contracts Regulations 2015 (Regulations). Cambridgeshire County Council therefore considers that prior publication of a contract notice is not required by Part 2 of the Regulations and have therefore not issued an OJEU contract notice in respect of such novation.
II.2.5) Award criteria
Criteria below:
Quality criterion: Quality
/ Weighting: 70
Price
/ Weighting:
30
II.2.11) Information about options
Options:
Yes
Description of options:
The service period is 10 years from the starting date (ending at 11.59) with possible extensions at the employer’s discretion or increased subject to clause ZE4.1, to a maximum of 15 years (any extension shall be agreed between the Parties).
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation:
The Council sought to establish a single contract providing both works and consultancy as a fully integrated highways service. It advertised for a business and delivery partner to fulfil these requirements in OJEU contract notice 2015/S 208-376868. This contract notice advertised an opportunity to enter into a single contract and the procurement was carried out using the competitive dialogue. The contract was advertised as being available to be used by other contracting authorities, the details of which were specified in the notice.
On 17 July 2017, the Council entered into the advertised contract with Skanska. This arrangement continued until Skanska's infrastructure services business was acquired by Milestone. The Council is proposing to enter into a deed of novation together with Skanska and Milestone in order to reflect the change in circumstances subject to a decision of the Highways and Transport Committee on 9 March 2021. As such, a novation will not be a substantive change and is permitted by Regulation 72(1)(d)(ii) of the Public Contracts Regulations 2015 (‘Regulations’). The Council therefore considers that prior publication of a contract notice is not required by Part 2 of the Regulations and have therefore not issued an OJEU contract notice in respect of such novation.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2015/S 208-376868
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
16/02/2021
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Milestone Infrastructure Ltd
13007933
Abel Smith House, Gunnels Wood Road
Stevenage
SG1 2ST
UK
NUTS: UKH12
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
Royal Court of Justice, Strand
London
WC2A 2LL
UK
VI.5) Date of dispatch of this notice
24/02/2021