Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2021-03-01
Buyer: Cambridgeshire County Council
Country: UK
Contract type: Works
Procedure: Contract award without prior publication
CPV classification: 34143000: Winter-maintenance vehicles | 45221100: Bridge construction works | 45233000: Construction work for highways and roads | 45233130: Road works | 45233139
Award criteria: The most economic tender

Technical requirements: Građevinski radovi, građevinski radovi na temelju i građevinski radovi na površinskom sloju autocesta, cesta
The contract is for the contractor to develop with the Council a high-performing, comprehensive highways service. The contract encompasses highway maintenance, design, construction, transport planning, consultancy with other services including but not limited to vehicle and grounds maintenance.
— following publication of an OJEU contract notice 2015/S 208-376868 dated 22 October 2015 and use of the competitive dialogue in 2015-2017, Cambridgeshire County Council established a single contract with Skanska Construction UK Limited (‘Skanska’) providing both works and consultancy as a fully integrated highway service commencing on 1 July 2017. The contract period is for 10 years with possible extensions at the Council’s discretion to a maximum of 15 years,
— Skanska has contracted to sell its highways maintenance business to Milestone Infrastructure Ltd (‘Milestone’). The sale will proceed as an asset sale and will include plant and equipment required to operate the highways maintenance business of Skanska, the transfer of leases or rights to use properties and facilities currently used by the highways maintenance business, and the transfer of approximately 1,487 employees. It will also include the transfer of customer contracts, including this contract with the Council,
— the contract between the Council and Skanska permits novation by Skanska of the contract with the consent of the Council. Skanska has requested consent to novate to Milestone and the Council intends to consent to such novation subject to a decision of the Highways and Transport Committee on 9 March 2021. Entry into such deed of novation to reflect the change in circumstances will not take place earlier than 18 days after the publication of this notice
Cambridgeshire County Council sought to establish a single contract providing both works and consultancy as a fully integrated highways service. It advertised for a business and delivery partner to fulfil these requirements in OJEU contract notice 2015/S 208-376868. The contract notice advertised an opportunity to enter into a single contract and the procurement was carried out using the competitive dialogue. The contract was advertised as being available to be used by other contracting authorities, the details of which were specified in the notice.
On 17 July 2017, Cambridgeshire County Council entered into the advertised contract with Skanska Construction UK Ltd. This arrangement continued until Skanska Construction UK Ltd was acquired by Milestone Infrastructure Limited. Cambridgeshire County Council is proposing to enter into a deed of novation together with Skanska Construction UK Ltd and Milestone Infrastructure Ltd in order to reflect the change in circumstances. As such, a novation will not be a substantive change and is permitted by Regulation 72(1)(d)(ii) of the Public Contracts Regulations 2015 (Regulations). Cambridgeshire County Council therefore considers that prior publication of a contract notice is not required by Part 2 of the Regulations and have therefore not issued an OJEU contract notice in respect of such novation.
The service period is 10 years from the starting date (ending at 11.59) with possible extensions at the employer’s discretion or increased subject to clause ZE4.1, to a maximum of 15 years (any extension shall be agreed between the Parties).
The Council sought to establish a single contract providing both works and consultancy as a fully integrated highways service. It advertised for a business and delivery partner to fulfil these requirements in OJEU contract notice 2015/S 208-376868. This contract notice advertised an opportunity to enter into a single contract and the procurement was carried out using the competitive dialogue. The contract was advertised as being available to be used by other contracting authorities, the details of which were specified in the notice.
On 17 July 2017, the Council entered into the advertised contract with Skanska. This arrangement continued until Skanska's infrastructure services business was acquired by Milestone. The Council is proposing to enter into a deed of novation together with Skanska and Milestone in order to reflect the change in circumstances subject to a decision of the Highways and Transport Committee on 9 March 2021. As such, a novation will not be a substantive change and is permitted by Regulation 72(1)(d)(ii) of the Public Contracts Regulations 2015 (‘Regulations’). The Council therefore considers that prior publication of a contract notice is not required by Part 2 of the Regulations and have therefore not issued an OJEU contract notice in respect of such novation.


Winner: Milestone Infrastructure Ltd