Highways Maintenance Services – Contract C – Bridges and Structures

CPV: Construction work for bridges and tunnels, shafts and subways

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Works

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

4 Feb 2025, 15:20 GMT

Last source update

4 Feb 2025, 15:20 GMT

FTS notice number

2025/S 000-003688

Classification (CPV)

Construction work for bridges and tunnels, shafts and subways

Delivery area

London (UKI32)

Official registry OCID

ocds-h6vhtk-04db8a Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published 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 £3,480,000 against a spend to date value of £104,400,000. 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.

Publisher note: The Council will be shortly be publishing a Contract Notice to tender for a new highways maintenance contract

• FM Conway LtdAwarded supplier Conway House, Sevenoaks, London, TN14 5EL

No document links were published on the notice.