Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-02-21
Buyer: Highways England
Country: UK
Region: UNITED KINGDOM
Contract type: Works
Procedure: Contract award without prior publication
CPV classification: 34923000 | 45221100: Bridge construction works | 45223200 | 45233130: Road works | 45233139
Estimated value: 599200000 GBP
Award criteria: The most economic tender

Technical requirements: Highways England(HE) intends to modify the Area 9 ASC contract to deliver the area 6 and 8 service on an interim basis. The following works and services will be required under the modified Area 9 contract:
The provision of integrated network management, maintenance, improvement activities, incident management, event management and contingency planning on the all-purpose trunk roads and motorways in HE Areas 6, 8 and 9 in accordance with HE's standards and objectives as detailed in the Area 9 contract. The routes comprising the all-purpose trunk road and motorway networks in areas 6, 8 and 9 which will be included under the modified Area 9 contract are described in: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/585330/s160588_Network_Man.pdf
* Please refer to -* II.2.4) Description of the procurement, for continuation of Short Description content.
All-purpose trunk road and motorway networks in areas 6, 8 and 9 are described in: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/585330/s160588_Network_Man.pdf
Routine and cyclic road and bridge maintenance works, winter maintenance and the delivery of a defined programme of road, structures/bridge and technology schemes (but excluding S278 works unless instructed) in Areas 6, 8 and 9 with values up to 5 000 000 GBP.
Co-location with, facilities for and supervision/management of the HE Regional Technology Maintenance Contractors (RTMC Midlands and East) for Areas 7 and 9, incl. A50/A564 Stoke to Derby DBFO and M6 Toll DBFO and for Areas 6, 8 and small parts of Area 3, incl. A1(M) Alconbury to Peterborough DBFO, M40 DBFO (Junctions 1-Warwickshire).
Provision of planning advice, design, co-ordination and supervision of maintenance (unlimited by value) and improvement schemes up to the value specified. The management of improvement works above this value if so instructed
Supporting functions in relation to HE DBFO routes (A50/A564 Stoke to Derby DBFO, M6 Toll DBFO, A1(M) and M40) where instructed.
The Area 9 contract was awarded on 31 December 2013, following a Restricted Procedure competition under contract notice 2012/S 248-410250. The Area 9 contract was therefore awarded in accordance with the provisions of the Public Contracts Regulations 2006, which incorporated Directive 2004/18/EC into law.
The Public Contracts Regulations 2015 (‘PCR 2015’), which implemented into law the provisions of Directive 2014/24/EU provide, inter alia, for the modification of a contract without a new procurement procedure in the circumstances set out in Regulation 72. This notice relates to the modification of the existing Area 9 Asset Support Contract (‘ASC’) on an interim basis, rather than to the establishment of a new contract.
Highways England (HE) considers that the modification to the Area 9 ASC contract to encompass the same routine services in relation to the Area 6 and 8 ASC contracts falls within the provisions of Regulation 72 (1) (c) of the PCR 2015 for the following reasons:
(i) the need for the modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; the current contracts in relation to the Areas 6 and 8 will come to an end on 1 April 2017 (two years before the anticipated expiry). The need to conclude the contracts early could not have been foreseen because:
HE past experience is that its routine maintenance contracts have all run at least to their base term; contrary to HE's previous experience the quality management mechanisms within the contracts did not deliver the required outcomes in this case; a number of circumstances unique to area 6/8 that could not have been foreseen that affected service levels and the ongoing performance of the contracts.
Elements of design and capital works from the Area 6 and Area 8 ASC contracts will be delivered through existing HE frameworks. There are no suitable existing framework agreements to which HE is a party or which it could join that would enable it to deliver the routine services for Area 6 and Area 8 (the ‘area 6/8 service’) from 1 April 2017. These services must continue after 1 April 2017 as such continuity is vital to the protection of road users and to maintaining the overall safety of the network. There can be no gap in service provision because HE must ensure that its statutory obligations continue to be discharged. As the time available does not enable Highways England to effectively implement the new business model for Asset Delivery immediately, HE intends to re-procure the area 6/8 service in line with its established renewal programme so that new arrangements can commence from Spring 2019. Arrangements for market engagement will be confirmed shortly.
HE considers that the re-procurement process will take 12-18 months to allow the necessary planning in asset and resource management to take place and to enable new arrangements to be tendered and safely mobilised so as to avoid completing a procurement exercise resulting in mobilisation during the core winter period. In deciding to utilise the Area 9 contract for the area 6/8 service until April 2019, HE has also had regard to the following:


Winner: Kier Highways Services Ltd
Award value: 599200000