Highways Maintenance Services – Contract A – Highways Management and Public Realm Projects

Concepts

• highways and roads
• highways maintenance services
• major public realm schemes
• gully services
• public realm projects
• highways management
• maintenance
• contract a highways management
• highways
• management

Location

Description

Provision of reactive and planned Highways Maintenance Services in Westminster City Council’s administrative area. This VEAT notice is in respect of a proposed extension to the contract awarded in 2014. It is not the award of a new contract. See additional information at Sections II.2.4 and IV.1.1. Contract A Highways Management, Maintenance and Public Realm Projects – This includes reactive repairs as well as planned resurfacing, repaving and major public realm schemes. Please note that Contract A incorporate the original contract D responsibilities for Gully Services in 2017. Original value of this contract was £3.2m.

Total Quantity or Scope

The Council is not awarding a new contract, it is modifying an existing contract awarded to FM Conway Ltd (“FM Conway”) on 1st April 2014 to extend the term of the contract by a further six months . See further information at IV.1.1.

Award Detail

CPV Codes

• 45233000 - Construction, foundation and surface works for highways, roads

Legal Justification

This notice does not relate to the award of a new contract, but rather the modification of an existing contract described at Section II.2.4 above (the “2014 Contract”). The 2014 Contract was a call-off from a single supplier framework which had been procured by Westminster City Council (‘the Council’). The 2014 Contract was for an overall term of twelve years to expire is due to expire on 31st of March 2026. The proposed contract modification is limited to an amendment to the service period to provide for an additional six months to 30th September 2026 and ancillary amendments to give effect to that change. The services to be delivered by the Contractor will remain substantially the same. The extension of the 2014 Contract for the further six months will be on the basis of the existing pricing and payment mechanisms provided for in the contract. The estimated value of the six month extension is £13,610,000 against a spend to date value of £408,200,000. The actual value of the spend during the six month extension will depend on the volume and specifics of the works and services ordered under the contract during the six month period. Further detail regarding the proposed contract extension can be found in the decision report available here: Decision - Highways Contract Update | Westminster City Council The Council considers that the proposed modification to the 2014 Contract is not ‘substantial’ pursuant to Regulation 72(1)(e) Public Contracts Regulations 2015 (‘PCR’). Accordingly, the modification may lawfully be agreed between the parties and implemented without the need to conduct a fresh procurement procedure. Regulations 72(1)(e) and 72(8) PCR have been satisfied for the following reasons: • The character of the 2014 Contract and the services to be delivered by the Contractor will remain substantially the same and the 2014 Contract is not rendered materially different in character from the one originally concluded. • The 2014 Contract was a call-off from a single supplier framework and the extended contract term would have made no difference to the outcome of the procurement had it been part of the initial procurement procedure. • The proposed extension is for a six month period only and does not considerably extend the scope of the 2014 Contract which was for an overall term of 12 years. • The proposed extension is on the basis of existing contract pricing and payment mechanisms and does not change the economic balance of the 2014 Contract in favour of the Contractor in a manner not provided for in the 2014 Contract. • There is to be no replacement of the contractor to whom the Council had initially awarded the 2014 Contract. Further, the Council considers that it may also rely on Regulation 72(1)(b) PCR for the six-month extension.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. ** The Council will be shortly be publishing a Contract Notice to tender for a new highways maintenance contract