Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2017-05-18
Buyer: Highways England
Country: UK
Region: UNITED KINGDOM
Contract type: Works
Procedure: Restricted procedure
CPV classification: 34923000 | 45221100: Bridge construction works | 45223200 | 45233130: Road works | 45233139

Technical requirements: All-purpose trunk road and motorway network in area 9 are described in: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/585330/s160588_Network_Man.pdf.
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 Highways England (HE) Area 9 in accordance with HE's standards and objectives as detailed in the Area 9 contract.
Duties include: 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 Area 9.
Co-location with, facilities for and supervision/management of the HE Regional Technology Maintenance Contractor (RTMC Midlands ) for Areas 7 and 9, incl. A50/A564 Stoke to Derby DBFO and M6 Toll DBFO.
Additional Duties: Provision of planning advice, design, co-ordination and supervision of maintenance (unlimited by value) and improvement schemes up to the value specified.
The Area 9 contract was awarded on 31.12.2013, following a Restricted Procedure competition under contract notice 2012/S248-410250. 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.
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.
Highways England (HE) has modified the Area 9 ASC contract to deliver the same service in areas 6 and 8 on an interim basis (the ‘area 6/8 service’). 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.
* Please refer to ‘VII.2.1) Description of the modifications’ box below for continuation of Description content.
The same services detailed in II.2.4 above are now to be provided in relation to the area 6/8 service. The services in relation to the RTMC Contractor (East) as above covering area 6/8, small parts of area 3 and the A1(M) and M40 DBFO contracts.
Continuation of VII.2.2 Reasons for Modification: There can be no gap in service because HE must continue to discharge its statutory functions. It will take 12-18 months to procure and safely mobilise new arrangements in line with the HE renewal programme so that they are in place by Spring 2019.
The value of the area 6/8 modification remains GBP 120m as stated in the VEAT notice. The increase from the VEAT relates to Area 9 ASC forecast spend and does not arise from the modification.
Service continuity is vital for road users and network safety. See VEAT notice 2017/S036-064688 and VII.2.2 below.
Including the 6/8 service in the Area 9 ASC falls within Art 72(1)(c): HE could not have foreseen the current Area 6/8 contracts would expire 2 years early on 01/04/17 as: prior contracts generally run at least to their base term, quality management mechanisms did not deliver required/expected outcomes and unique circumstances affected service levels and ongoing performance; the overall nature/scope of contract is unaltered: notice 2012/S248-410250 stated areas/routes covered may change, the Area 9 contract allows changes to the area network to be instructed, Area 9 specification remains unchanged and modifications are limited to those required to include area 6/8 service and facilitate contract management; and the price increase is less than 50 % of original Area 9 contract value (contract notice: GBP 137-159.4m pa/award notice: GBP 599.2m) Area 6/8 modification value approx GBP 120m until Spring 2019.


Winner: Kier Highways Services Ltd