Contract Extension - LB Hillngdon - Highways Term Service Contract

Concepts

• highway maintenance
• uxbridge
• highways and roads
• highways
• highways maintenance services
• a highways term service contract
• the highways term service contract
• the highways term service contracts
• contract extension
• • highway improvement works

Location

Uxbridge

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.

Total Quantity or Scope

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

Award Detail

CPV Codes

• 45233139 - Highway maintenance work
• 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

Indicators

Legal Justification

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.