Cambridge: Construction, foundation and surface works for highways, roads

Section I: Contracting authority/entity

I.1)Name and addresses

Official name: Cambridgeshire County Council
Postal address: Shire Hall, Castle Hill
Town: Cambridge
NUTS code: UKH12 Cambridgeshire CC
Postal code: CB3 0AP
Country: United Kingdom
Contact person: Mr Jon Collyns
E-mail: jon.collyns@cambridgeshire.gov.uk
Telephone: +44 1223715353
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 Construction, foundation and surface works for highways, roads

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 (excluding VAT)

Lowest offer: 600 000 000.00 GBP / Highest offer: 900 000 000.00 GBP taken into consideration

II.2)Description

II.2.2)Additional CPV code(s)

34143000 Winter-maintenance vehicles

45221100 Construction work for bridges

45233130 Construction work for highways

45233139 Highway maintenance work

45233140 Roadworks

45233229 Verge maintenance work

50111000 Fleet management, repair and maintenance services

50230000 Repair, maintenance and associated services related to roads and other equipment

50700000 Repair and maintenance services of building installations

63712000 Support services for road transport

71311210 Highways consultancy services

71311220 Highways engineering services

71600000 Technical testing, analysis and consultancy services

77300000 Horticultural services

80550000 Safety training services

90640000 Gully cleaning and emptying services

II.2.3)Place of performance

NUTS code: UKH12 Cambridgeshire CC

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

Quality criterion - Name: 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

II.2.14)Additional information

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below

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.1.3)Information about framework agreement

IV.1.8)Information about the 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 contract award decision:

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/concessionaire

Official name: Milestone Infrastructure Ltd
National registration number: 13007933
Postal address: Abel Smith House, Gunnels Wood Road
Town: Stevenage
NUTS code: UKH12 Cambridgeshire CC
Postal code: SG1 2ST
Country: United Kingdom

The contractor/concessionaire will be an SME: no

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

Lowest offer: 600 000 000.00 GBP / Highest offer: 900 000 000.00 GBP taken into consideration

V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

VI.4)Procedures for review

VI.4.1)Review body

Official name: High Court of England and Wales
Postal address: Royal Court of Justice, Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom

VI.5)Date of dispatch of this notice:

24/02/2021