Find a TenderAwarded without competition
Published 22 Mar 2023, 12:04 GMT

Official UK procurement notice

Kent International College · UK public procurement notice

Official notice

Authority: University of Kent (Education)

ServicesAward procedure without prior publication of a call for competition
Awarded value£1published contract · exc. VAT
Awarded 21 Mar 2023no call for competition
Awarded to OXFORD INTERNATIONAL EDUCATION & TRAVEL LIMITED

What is being bought

Published requirement description

The University intends to enter into a joint venture with Oxford International Education and Travel Limited (OIEG) to establish an embedded international college. The parties will jointly own/operate the college to deliver courses to international students, who will then have the opportunity to apply for courses at the University/alternative higher education institutions. OIEG will recruit students, administer admissions and provide teaching services. The University shall maintain overall control of the admission decisions/entry requirements and will apply to the UK visas and immigration department to add the college to its student sponsor's licence. OIEG shall incorporate a new company, Kent International College Limited (UIC) through which the college will be operated (with shareholdings as follows: OIEG 99%; and University 1%) and the management and control delegated to the University and OIEG. The JV will operate for a period of 10 years in addition to agreed extensions.

CPV: Higher education services · Operation of an educational centre · Training services

The lotProcurement structure

single lot · no lot value published
Lot #1The key provisions of the agreement include (effective on the satisfaction of certain…

The key provisions of the agreement include (effective on the satisfaction of certain conditions precedent):

  • OIEG shall fund UIC set-up costs and retains responsibility for its financing until it is financed from its own cash flow, including covering the costs of recruiting and employing staff for UIC
  • the University shall provide premises via a lease on its campus for UIC to conduct its operations
  • UIC is required to pay an educational services fee for access to the University's facilities, which shall be an agreed % of UIC's published tuition fees (which shall be subject to a minimum payment in respect of years 2 and 3 of the contract). The University shall also pay a university administration fee to OIEG in respect of international students who subsequently enrol on a University course (based on a % of first year's tuition fees)
  • all students enrolled to study on any programme will be entitled to access the core services available to students studying at the University
Delivery: South East · Kent

Procedure terms & legal framework

From the official record · publisher note attached
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
Services
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
Unspecified in notice
Recurring procurement
Unspecified in notice
First published
22 Mar 2023, 12:04 GMT
Last source update
22 Mar 2023, 12:04 GMT
FTS notice number
2023/S 000-008313
Classification (CPV)
Higher education servicesOperation of an educational centreTraining services
Delivery area
South East (UKJ4)
Official registry OCID
ocds-h6vhtk-03b507 Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

The University has given thorough consideration in respect of whether the arrangement constitutes a public services contract (as defined in the Public Contracts Regulations 2015) or a services concession contract (as defined in the Concession Contracts Regulations 2016).

Firstly, any consideration due to OIEG shall derive from income obtained from operating the college (eg student fees). OIEG shall also fund the set-up costs of the college. While the University is making premises available on its campus and will permit students to access its core facilities, such resources are made available in consideration of payment to be made by UIC to the University as described above. Where a UIC student enrols for an undergraduate/post-graduate course at the University, a University Administration Fee (as described above) will be paid to UIC, albeit such fee shall not be payable unless/until a student is fully enrolled on a course and the University is in receipt of the corresponding fees. The University therefore considers that the consideration payable to UIC (and therefore in turn, OIEG) for the most part derives from OIEG's provision of the services. OIEG is not guaranteed to recoup the investments made (while the University will input into the establishment/operation of the UIC, the University is not obliged to provide any form of financial support in the event of UIC experiencing financial difficulties). Therefore, the University has concluded that the arrangement does not constitute a contract for pecuniary interest and as such, does not fall within the ambit of the Public Contracts Regulations 2015.

Secondly, the University has considered whether there is an entrustment of services to OIEG which, in the absence of this arrangement, would oblige the University to provide such services itself. The University has an established network of recruitment partners and other routes through which it promotes its undergraduate and post-graduate programmes to international students. Therefore, in the absence of the collaboration agreement, the University would not itself be required establish an international college to further its strategic objectives in this regard. To that end, the University has concluded that the arrangement does not encompass all elements of a services concession contract, and therefore falls outside of the ambit of the Concession Contracts Regulations 2015.

Publisher note: OIEG shall be subject to performance monitoring/KPIs including (among other things) target enrolment numbers and student satisfaction. A failure to adhere to such KPIs shall trigger an escalation procedure and ultimately, the potential termination of the JV.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £11 contract exc. VAT
Contracts signed 1latest 21 Mar 2023
Awarded toValueDateStatus
OXFORD INTERNATIONAL EDUCATION & TRAVEL LIMITED£1 †—Awarded

Contracts

Contracting authority & participating public bodies

UNIVERSITY OF KENT

Contracting authorityEducationBody governed by public lawEducation GB-COH: RC000656 The University of Kent, The Registry, Canterbury, South East, CT2 7NZContact name, email, phone

Dispute resolution & review bodies

  • High Court of England and WalesReview body London

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.