Notice Information
Notice Title
Oxford North Highway Works
Notice Description
The proposed agreements will be entered into under Section 278 Highways Act 1980 together with a separate planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 relating to proposed development at Oxford North ("the Development") The agreements will contain commitments made by the developer (the "Developer", named as the contractor/concessionaire in section V.2.3) which are linked to the progress of the Development for the design and execution by the Developer of a series of improvements to the highway infrastructure to facilitate and mitigate the impact of the Development.
Lot Information
Lot 1
The proposed agreements will be entered into under Section 278 Highways Act 1980 together with a separate planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 relating to proposed development at Oxford North ("the Development") The agreements will contain commitments linked to the progress of the Development for the design and execution of a series of improvements to the highway infrastructure to facilitate and mitigate the impact of the Development.
Procurement Information
There is a proposed agreement ("the section 278 agreement") which will cover a single set of works required through the planning process for the Development. It is considered that they will not constitute public works for the following reasons: 1. The Section 278 agreement is required to be entered into together with a separate planning obligation pursuant to Section 106 Town and Country Planning Act 1990 and for the same purpose that is to render the Development acceptable in planning terms. The core rationale for this requirement (and the other Section 106 planning obligations) is that they are necessary to enable the grant of planning permission and they are considered to be in compliance with Regulations 122 Community Infrastructure Levy Regulations 2010. Thus, the essential objective of the Section 278 Agreements is for a planning purpose in accordance with the statutory planning regime. It was endorsed in Faraday Development Ltd v West Berkshire Council and St Modwen Developments Ltd ("the Faraday Case) following the principle established in Helmut Muller GMbH v Bundesanstalt fur Immobilienaufgaben- Helmut Muller) that an agreement was not a public works contract where the contracting authority's primary objective was of a planning nature under the statutory regime. 2. An essential ingredient of a public works contract is that it is for pecuniary interest - see Regulation 2 of the Public Contract Regulations 2015. The Advocate General's opinion in European Commission v Kingdom of Spain seeks to provide a definitive statement of the meaning of "pecuniary interest" concluding that it implies that the contracting authority needs to use its own funds either directly or indirectly. No direct financing will be provided by the contracting authority in respect of the Section 278 agreement. Indirect financing occurs when the contracting authority suffers economic detriment as a result of the method of funding the works. No economic detriment will be sustained by the contracting authority in consequence of entering into the section 278 agreement. The highway works will be delivered in kind rather than through the provision of funding to the contracting authority. 3. Under the Section 278 Agreement there will be no liability for the highway works to be delivered unless the Development is implemented and it is entirely at the discretion of the Developer as to whether the Development is implemented. There is no obligation on the Developer in the Section 278 agreement or the prior S106 agreement to implement the Development. Thus the Section 278 agreement correspond to the Section 106 agreement considered in the case of R (Midlands Co-operative Society Ltd) v Birmingham City Council (1) Tesco Stores Ltd (2) as approved in the Faraday case (paragraph 52) on the basis that the agreement considered in the Midlands Co-operative Society case contained no obligation contingent or otherwise for the carrying out of development. Notes: a. The estimated aggregate value of the works further to the Section 278 agreement which the Developer is to undertake is PS10.8 million. b. In the Section 278 Agreement the Developer will undertake a transparent and impartial procurement process for the highway works.
Notice Details
Publication & Lifecycle
- Open Contracting ID
- ocds-h6vhtk-0298d2
- Publication Source
- Find A Tender Service
- Latest Notice
- https://www.find-tender.service.gov.uk/Notice/004478-2021
- Current Stage
- Award
- All Stages
- Award
Procurement Classification
- Notice Type
- Award Notice
- Procurement Type
- Standard
- Procurement Category
- Works
- Procurement Method
- Limited
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Tender Suitability
- Not specified
- Awardee Scale
- SME
Common Procurement Vocabulary (CPV)
- CPV Divisions
45 - Construction work
-
- CPV Codes
45233120 - Road construction works
Notice Value(s)
- Tender Value
- Not specified
- Lots Value
- Not specified
- Awards Value
- Not specified
- Contracts Value
- £10,800,000 £10M-£100M
Notice Dates
- Publication Date
- 5 Mar 20214 years ago
- Submission Deadline
- Not specified
- Future Notice Date
- Not specified
- Award Date
- 5 Mar 20214 years ago
- Contract Period
- Not specified - Not specified
- Recurrence
- Not specified
Notice Status
- Tender Status
- Complete
- Lots Status
- Not Specified
- Awards Status
- Active
- Contracts Status
- Active
Buyer & Supplier
Contracting Authority (Buyer)
- Main Buyer
- OXFORDSHIRE COUNTY COUNCIL
- Contact Name
- Ms Amy Keylock
- Contact Email
- amy.keylock@oxfordshire.gov.uk
- Contact Phone
- +44 7392318916
Buyer Location
- Locality
- OXFORD
- Postcode
- OX1 1ND
- Post Town
- Oxford
- Country
- England
-
- Major Region (ITL 1)
- TLJ South East (England)
- Basic Region (ITL 2)
- TLJ1 Berkshire, Buckinghamshire and Oxfordshire
- Small Region (ITL 3)
- TLJ14 Oxfordshire CC
- Delivery Location
- TLJ14 Oxfordshire CC
-
- Local Authority
- Oxford
- Electoral Ward
- Osney & St Thomas
- Westminster Constituency
- Oxford West and Abingdon
Further Information
Notice URLs
Open Contracting Data Standard (OCDS)
View full OCDS Record for this contracting process
The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts.
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