Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2017-07-05
Buyer: Hertfordshire County Council
Country: UK
Contract type: Services
Procedure: Competitive dialogue
CPV classification: 71000000 | 71300000 | 71311210 | 71324000: Quantity surveying services | 71335000

Technical requirements: Hertfordshire County Council (the Council) sought a contractor via an OJEU Contract Notice dated 7.6.2011(2011/S 108-178753), appointing Opus International Consultants Ltd to provide a Highways Client Support Service within a joint team comprising the contractors' staff and those of the Council.
The duration of the Contract is 7 years from 1.10.2012. This period may be extended up to a maximum of 12 years subject to the contractor meeting the relevant performance criteria described in the Contract and at all times at the Council's absolute discretion. The estimated minimum value of the 7 year contract was 42 000 000 GBP to a maximum value of 63 000 000 GBP. Should the Council decide to award extensions so that the duration was for the maximum period of 12 years, then the estimated minimum value of the Contract will be 72 000 000 GBP up to an estimated maximum value of 108 000 000 GBP.
In calculating the values in II.2.4) of this Notice, the Council has made an allowance for services that the Districts listed below might order through the Contract; the Council considers that the likely value ranges for these services is between 10 000 GBP to 1 000 000 GBP for the maximum 12 years, however, no assumptions should be made about the actual value of services that the Districts listed below might order through the Contract. The Council makes no representation that any minimum value of services will be ordered under this Contract.
The Contract is available to all District Councils within Hertfordshire County Council. The District Councils are: North Hertfordshire District Council, East Hertfordshire District Council, St Albans City and District Council, Dacorum Borough Council, Welwyn Hatfield Borough Council, Three Rivers District Council, Stevenage Borough Council, Watford Borough Council, Broxbourne Borough Council and Hertsmere Borough Council.
Further to the information in II.2.4) and VI.3) of this Notice, the Council appointed Opus International Consultants Ltd for a Consultancy Service Term Contract that is delivering a Client Support Service for Council staff. The contractor and the Council's staff work together in a fully integrated manner in order to facilitate and deliver the Highway Service, including preliminary scheme design, programme development, project management, project supervision, network management, auditing, contract facilitation and document preparation, monitoring, benchmarking and developing policy, strategy and the delivery of wider highways consultancy advice. The form of contract is drafted on the basis that the Council may choose, at its sole discretion, to adjust the scope and quantity of services delivered by the provider; adjustment (amongst other things) will depend on the provider's performance against key performance indicators.
The scope of the contract is not being modified; there will however be an increase in the overall value of services from the maximum value of 63 000 000 GBP to 94 500 000 GBP for the remainder of the initial 7-year term of the Contract. This is required as a result of general growth in business and impacts of recession not being as significant as originally predicted.
For the avoidance of doubt, the contract has and will continue to deliver a range of Architectural, Construction, Engineering and Inspection services, Engineering services, Highways Consultancy Services, Quantity Surveying Services, Engineering Studies, Topographical Services, Construction Supervision Services and Construction-related Services.
The Contractor was appointed via a competitive tender in accordance with The Public Contracts Regulations applicable at the time of the appointment of the contract. An OJEU Contract Notice was published on 07.6.2011 and the Contract Award Notice was published on 15.11.2012 which included the required standstill period. The required increase in the maximum value is not deemed a material variation under The Public Contracts Regulations 2015 as it is in accordance with PCR 72 (1)(b) and/or 72 (1)(c) in that if the contracting authority were to procure a new provider for the services that have become necessary it would cause significant inconvenience and substantial duplication of costs for the contracting authority and the increase in the maximum price does not exceed 50 % of the value of the original contract.


Winner: Opus International Consultants Ltd