Award

Highway Maintenance, Design, Construction and Other Services - CPU 455.

OXFORDSHIRE COUNTY COUNCIL

This public procurement record has 1 release in its history.

Award

12 May 2021 at 15:13

Summary of the contracting process

The procurement process involves Oxfordshire County Council seeking to novate a Highway Maintenance contract, previously held by Skanska, to Milestone Infrastructure Ltd. The tender, titled "Highway Maintenance, Design, Construction and Other Services - CPU 455," is classified under the construction work category (CPV 45000000) and is set in the UK. Although the underlying contract has been active since 2010 with an initial ten-year period and a potential extension, it is now past the original deadline, having been extended until March 2023. The procurement method employed was a limited procedure, necessitating no prior publication for competition.

This tender presents significant opportunities for businesses involved in civil engineering, construction, and maintenance services. Firms specialising in highway infrastructure solutions, transport consultancy, and related operational sectors would be particularly well-positioned to engage in future contracts. The transfer of responsibilities to Milestone Infrastructure also indicates a continuity of service, which may lead to further sub-contracting opportunities as the new contractor settles into its role under the oversight of Oxfordshire County Council.

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Notice Title

Highway Maintenance, Design, Construction and Other Services - CPU 455.

Notice Description

The Highways Contract is for the contractor to develop, with the Council, a high performing comprehensive highways service. The Highways Contract encompasses highway maintenance, design, construction, transport planning consultancy, with other services including but not limited to vehicle and grounds maintenance. On 13 July 2010 the Council entered into the Highways Contract with Atkins Limited ("Atkins") to provide the above works following a tender process commenced by contract notice 2008/S 210-279078 dated 29 October 2008. The Highways Contract is for a contract period of 10 years commencing 1 April 2010, extendable by up to a further 10 years. So far, the contract has been extended by three years so that the contract period expires end of March 2023. The values set out at II.1.7 of this Contract Award Notice represent the estimated remaining value of the Highways Contract across the possible remaining term. In 2013 Atkins contracted to sell its highways maintenance business to Skanska Construction UK Limited ("Skanska"). The sale proceeded by way of an asset sale and included the plant and equipment required to operate the highways maintenance business of Atkins, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also included the transfer of customer contracts, including the Highways Contract with the Council. The Highways Contract between the Council and Atkins permitted assignment by Atkins of the benefit of the Contract with the consent of the Council. Atkins requested consent to assign the benefit of the Contract to Skanska and the Council consented to such assignment. The Highways Contract also provided that the original Provider should remain legally responsible for performance of the Contract, even if the benefit of the Contract is assigned. The Council relied on this provision. A VEAT notice was published in OJEU in September 2013. Skanska have contracted to sell its highways maintenance business to Milestone Infrastructure Limited ("Milestone"). The sale was by way of an asset sale, and includes plant and equipment required to operate the highways maintenance business of Skanska, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also includes the transfer of customer contracts, including the Highways Contract with the Council. The sale to Milestone completed on 30th April 2021. The Council has entered into a contract in the form of a Deed of Novation to novate the underlying Highways Contract (the "Contract") to Milestone Infrastructure Limited. The novation took effect on the completion of the sale on 30th April 2021. In addition, the Council published a Voluntary Ex Ante Transparency Notice (2021/S 056-142734) with respect to the novation of the Contract on 22nd March 2021.

Lot Information

Lot 1

The Highways Contract is for the contractor to develop, with the Council, a high performing comprehensive highways service. The Highways Contract encompasses highway maintenance, design, construction, transport planning consultancy, with other services including but not limited to vehicle and grounds maintenance. On 13 July 2010 the Council entered into the Highways Contract with Atkins Limited ("Atkins") to provide the above works following a tender process commenced by contract notice 2008/S 210-279078 dated 29 October 2008. The Highways Contract is for a contract period of 10 years commencing 1 April 2010, extendable by up to a further 10 years. So far, the contract has been extended by three years so that the contract period expires end of March 2023. The values set out at II.1.7 of this Contract Award Notice represent the estimated remaining value of the Highways Contract across the possible remaining term. In 2013 Atkins contracted to sell its highways maintenance business to Skanska Construction UK Limited ("Skanska"). The sale proceeded by way of an asset sale and included the plant and equipment required to operate the highways maintenance business of Atkins, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also included the transfer of customer contracts, including the Highways Contract with the Council. The Highways Contract between the Council and Atkins permitted assignment by Atkins of the benefit of the Contract with the consent of the Council. Atkins requested consent to assign the benefit of the Contract to Skanska and the Council consented to such assignment. The Highways Contract also provided that the original Provider should remain legally responsible for performance of the Contract, even if the benefit of the Contract is assigned. The Council relied on this provision. A VEAT notice was published in OJEU in September 2013. Skanska have contracted to sell its highways maintenance business to Milestone Infrastructure Limited ("Milestone"). The sale was by way of an asset sale, and includes plant and equipment required to operate the highways maintenance business of Skanska, the transfer of leases or rights to use properties and facilities previously used by the highways maintenance business, and the transfer of approximately 1,200 employees, including around 80 in the central management and business support functions. It also includes the transfer of customer contracts, including the Highways Contract with the Council. The sale to Milestone completed on 30th April 2021. The Council has entered into a contract in the form of a Deed of Novation to novate the underlying Highways Contract (the "Contract") to Milestone Infrastructure Limited. The novation took effect on the completion of the sale on 30th April 2021. In addition, the Council published a Voluntary Ex Ante Transparency Notice (2021/S 056-142734) with respect to the novation of the Contract on 22nd March 2021. For the purposes of the award criteria at II.2.5 below, although the field has been completed in this notice, the award criteria for the Contract is the award criteria applied when this was originally awarded in 2010. Award criteria are not applicable to the contract award covered by this notice because in this instance the Council was only seeking to novate the Contract to a replacement contractor in accordance with regulation 72(1)(d)(ii) of the Public Contracts Regulations 2015.

Procurement Information

The Council considers the effect of entering into the Deed of Novation to be a permitted modification to the Contract under regulation 72 of the Public Contracts Regulations 2015 and, as such, the Deed of Novation is not an opportunity that required prior publication. In particular, the novation to Milestone falls within the safe harbour at regulation 72(1)(d) on the basis that a new contractor replaces the one to which the Council had initially awarded the contract. More specifically: 1. Milestone is replacing the original contractor following a corporate restructuring in the form of a business sale to Milestone. This business sale has the consequence of the universal succession of Milestone into the position of the initial contractor (within the meaning of regulation 72(1)(d)(ii)); 2. Milestone fulfils the criteria for qualitative selection initially established in the procurement of Contract; and 3. The novation of the Contract to Milestone does not entail any other substantial modifications to the contract, and is not aimed at circumventing the application of the Public Contracts Regulations 2015. For the reasons set out in this notice, the modification to the Contract by way of the Deed of Novation is permitted under the Public Contract Regulations 2015, and the Council is permitted to enter into the Deed of Novation without the prior publication of a call for competition.

Publication & Lifecycle

Open Contracting ID
ocds-h6vhtk-02b044
Publication Source
Find A Tender Service
Latest Notice
https://www.find-tender.service.gov.uk/Notice/010451-2021
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
Large

Common Procurement Vocabulary (CPV)

CPV Divisions

45 - Construction work

50 - Repair and maintenance services

71 - Architectural, construction, engineering and inspection services

77 - Agricultural, forestry, horticultural, aquacultural and apicultural services


CPV Codes

45000000 - Construction work

45221110 - Bridge construction work

50000000 - Repair and maintenance services

50100000 - Repair, maintenance and associated services of vehicles and related equipment

71000000 - Architectural, construction, engineering and inspection services

77000000 - Agricultural, forestry, horticultural, aquacultural and apicultural services

Notice Value(s)

Tender Value
Not specified
Lots Value
Not specified
Awards Value
Not specified
Contracts Value
Not specified

Notice Dates

Publication Date
12 May 20214 years ago
Submission Deadline
Not specified
Future Notice Date
Not specified
Award Date
29 Apr 20214 years ago
Contract Period
Not specified - Not specified
Recurrence
Not specified

Notice Status

Tender Status
Complete
Lots Status
Cancelled
Awards Status
Active
Contracts Status
Active

Contracting Authority (Buyer)

Main Buyer
OXFORDSHIRE COUNTY COUNCIL
Contact Name
Ms Amy Keylock
Contact Email
amy.keylock@oxfordshire.gov.uk
Contact Phone
Not specified

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

Supplier Information

Number of Suppliers
1
Supplier Name

MILESTONE INFRASTRUCTURE

Open Contracting Data Standard (OCDS)

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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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