Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
UNIVERSITY OF KENT
RC000656
The University of Kent, The Registry
Canterbury
CT2 7NZ
UK
Contact person: Max Hubbard
Telephone: +44 7892719788
E-mail: m.hubbard@kent.ac.uk
NUTS: UKJ4
Internet address(es)
Main address: https://www.kent.ac.uk/finance/procurement.html
Address of the buyer profile: https://www.kent.ac.uk/finance/procurement.html
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Education
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Kent International College
II.1.2) Main CPV code
80300000
II.1.3) Type of contract
Services
II.1.4) Short description
The University intends to enter into a joint venture with Oxford International Education and Travel Limited (OIEG) to establish an embedded international college. The parties will jointly own/operate the college to deliver courses to international students, who will then have the opportunity to apply for courses at the University/alternative higher education institutions. OIEG will recruit students, administer admissions and provide teaching services. The University shall maintain overall control of the admission decisions/entry requirements and will apply to the UK visas and immigration department to add the college to its student sponsor's licence. OIEG shall incorporate a new company, Kent International College Limited (UIC) through which the college will be operated (with shareholdings as follows: OIEG 99%; and University 1%) and the management and control delegated to the University and OIEG. The JV will operate for a period of 10 years in addition to agreed extensions.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
1.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
80300000
80490000
80500000
II.2.3) Place of performance
NUTS code:
UKJ4
Main site or place of performance:
Kent
II.2.4) Description of the procurement
The key provisions of the agreement include (effective on the satisfaction of certain conditions precedent):
- OIEG shall fund UIC set-up costs and retains responsibility for its financing until it is financed from its own cash flow, including covering the costs of recruiting and employing staff for UIC
- the University shall provide premises via a lease on its campus for UIC to conduct its operations
- UIC is required to pay an educational services fee for access to the University's facilities, which shall be an agreed % of UIC's published tuition fees (which shall be subject to a minimum payment in respect of years 2 and 3 of the contract). The University shall also pay a university administration fee to OIEG in respect of international students who subsequently enrol on a University course (based on a % of first year's tuition fees)
- all students enrolled to study on any programme will be entitled to access the core services available to students studying at the University
II.2.11) Information about options
Options:
No
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 University has given thorough consideration in respect of whether the arrangement constitutes a public services contract (as defined in the Public Contracts Regulations 2015) or a services concession contract (as defined in the Concession Contracts Regulations 2016).
Firstly, any consideration due to OIEG shall derive from income obtained from operating the college (eg student fees). OIEG shall also fund the set-up costs of the college. While the University is making premises available on its campus and will permit students to access its core facilities, such resources are made available in consideration of payment to be made by UIC to the University as described above. Where a UIC student enrols for an undergraduate/post-graduate course at the University, a University Administration Fee (as described above) will be paid to UIC, albeit such fee shall not be payable unless/until a student is fully enrolled on a course and the University is in receipt of the corresponding fees. The University therefore considers that the consideration payable to UIC (and therefore in turn, OIEG) for the most part derives from OIEG's provision of the services. OIEG is not guaranteed to recoup the investments made (while the University will input into the establishment/operation of the UIC, the University is not obliged to provide any form of financial support in the event of UIC experiencing financial difficulties). Therefore, the University has concluded that the arrangement does not constitute a contract for pecuniary interest and as such, does not fall within the ambit of the Public Contracts Regulations 2015.
Secondly, the University has considered whether there is an entrustment of services to OIEG which, in the absence of this arrangement, would oblige the University to provide such services itself. The University has an established network of recruitment partners and other routes through which it promotes its undergraduate and post-graduate programmes to international students. Therefore, in the absence of the collaboration agreement, the University would not itself be required establish an international college to further its strategic objectives in this regard. To that end, the University has concluded that the arrangement does not encompass all elements of a services concession contract, and therefore falls outside of the ambit of the Concession Contracts Regulations 2015.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
21/03/2023
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
Oxford International Education and Travel Limited
02666738
New Kings Court Tollgate, Chandler's Ford, Eastleigh
Hampshire
SO53 3LG
UK
NUTS: UKJ35
Internet address(es)
URL: http://www.argentrelated.co.uk/
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
1.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
OIEG shall be subject to performance monitoring/KPIs including (among other things) target enrolment numbers and student satisfaction. A failure to adhere to such KPIs shall trigger an escalation procedure and ultimately, the potential termination of the JV.
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
VI.4.4) Service from which information about the review procedure may be obtained
University of Kent
The University of Kent, The Registry
Canterbury
CT2 7NZ
UK
E-mail: procurement@kent.ac.uk
VI.5) Date of dispatch of this notice
22/03/2023