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Official procurement procedure
Oxford North Highway Works
Metal
Road construction works
Published value
Not published
Submission deadline Not published
Lots published1
Procurement Executive Summary
AI & Search Synopsis
Generated from official OCDS record
Tenderline Synopsis: Oxfordshire County Council: "Oxford North Highway Works". Published status: complete. Published value: Value not published. 1 published lot. Submission deadline not published. See the official notice for participation instructions.
| Contracting Authority | Oxfordshire County Council | Scope & Categories | Not published | Submission Window | complete No deadline published |
|---|---|---|---|---|---|
| Submission Gateway | Direct notice route | Legal Basis & Regime | Standard procurement | Estimated Value (exc. VAT) | Not published |
Bidder Intelligence · Authority Profile: Oxfordshire County Council
Market Analytics
Derived from OCDS awards & bid statistics
Published history for Oxfordshire County Council. These figures describe retained records, not a forecast of bids or a measure of buyer bias.
Average Price Reduction
Not availableInsufficient comparable data
Competition Density
30.7Bids / Report
Supplier ConcentrationNo estimate
Insufficient attributable awardsNo concentration estimate availablePayment Terms
Check noticePublished terms
Coverage: 86 active published awards; 78 bid reports (which may be per lot). Supplier values exclude multi-supplier awards, frameworks and DPS, and use GBP only. They are published award values, not payments. Price reduction compares single-lot, single-award, single-supplier GBP procedures with explicitly non-framework/non-DPS status; increases remain in the average. Unpublished data stays unknown. Awarded suppliers are winners, not all bidders.
Procedure terms
Contracting AuthorityOxfordshire County Council | Procedure methodNot published | Procurement categoryNot published |
Statuscomplete | Framework / DPSNot published | CompetitionNot published |
Above thresholdNot published | Legal basisNot published | Tender period startsNot published |
Clarification deadlineNot published | Electronic submissionNot published | Submission languagesNot published |
Published5 Mar 2021, 15:08 GMT | Last source update5 Mar 2021, 15:08 GMT | Recurring procurementNot published |
ClassificationMetal, Road construction works | ||
Delivery area | ||
OCIDocds-h6vhtk-0298d2 | ||
What is being bought
The proposed agreements will be entered into under Section 278 Highways Act 1980 together with a separate planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 relating to proposed development at Oxford North (“the Development”) The agreements will contain commitments made by the developer (the “Developer”, named as the contractor/concessionaire in section V.2.3) which are linked to the progress of the Development for the design and execution by the Developer of a series of improvements to the highway infrastructure to facilitate and mitigate the impact of the Development.
What changed
From the official release history
- Status changed to complete
5 Mar 2021, 15:08 GMT - Official notice release published
5 Mar 2021, 15:08 GMT - Buyer information updated
5 Mar 2021, 15:08 GMT
Lots and requirements (1)
Published by the contracting authority
- Lot 1 · #1Individual lot title not publishedStatus not publishedPublished valueNot publishedThe proposed agreements will be entered into under Section 278 Highways Act 1980 together with a separate planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 relating to proposed development at Oxford North (“the Development”) The agreements will contain commitments linked to the progress of the Development for the design and execution of a series of improvements to the highway infrastructure to facilitate and mitigate the impact of the Development.Contract periodNot publishedEligibilityNot publishedOptions / renewalNot published
Timeline
- Procedure published
5 Mar 2021, 15:08 GMT - Award active
Not published · Not published - Contract active
Signed 5 Mar 2021, 00:00 GMT · £10,800,000
Commercial outcome and competition
Awards Thomas White (Oxford) Limited Not published · Not published · active |
Contracts Contract £10,800,000 · signed 5 Mar 2021, 00:00 GMT · active |
Bid statisticsNo aggregate bid statistics published |
Buyer and organisations in this procedure
Oxfordshire County Council
Contracting authority GB-FTS-83Documents (0)
Official links; attachments are not copied
No linked documents are published
Related procedures (0)
No related procedures published
Planning and rationale
Planning budgetNot published |
No-engagement rationaleNot published |
Procedure rationaleThere is a proposed agreement ("the section 278 agreement") which will cover a single set of works required through the planning process for the Development. It is considered that they will not constitute public works for the following reasons:
1. The Section 278 agreement is required to be entered into together with a separate planning obligation pursuant to Section 106 Town and Country Planning Act 1990 and for the same purpose that is to render the Development acceptable in planning terms. The core rationale for this requirement (and the other Section 106 planning obligations) is that they are necessary to enable the grant of planning permission and they are considered to be in compliance with Regulations 122 Community Infrastructure Levy Regulations 2010. Thus, the essential objective of the Section 278 Agreements is for a planning purpose in accordance with the statutory planning regime. It was endorsed in Faraday Development Ltd v West Berkshire Council and St Modwen Developments Ltd (“the Faraday Case) following the principle established in Helmut Muller GMbH v Bundesanstalt fur Immobilienaufgaben- Helmut Muller) that an agreement was not a public works contract where the contracting authority’s primary objective was of a planning nature under the statutory regime.
2. An essential ingredient of a public works contract is that it is for pecuniary interest – see Regulation 2 of the Public Contract Regulations 2015. The Advocate General’s opinion in European Commission v Kingdom of Spain seeks to provide a definitive statement of the meaning of “pecuniary interest” concluding that it implies that the contracting authority needs to use its own funds either directly or indirectly. No direct financing will be provided by the contracting authority in respect of the Section 278 agreement. Indirect financing occurs when the contracting authority suffers economic detriment as a result of the method of funding the works. No economic detriment will be sustained by the contracting authority in consequence of entering into the section 278 agreement. The highway works will be delivered in kind rather than through the provision of funding to the contracting authority.
3. Under the Section 278 Agreement there will be no liability for the highway works to be delivered unless the Development is implemented and it is entirely at the discretion of the Developer as to whether the Development is implemented. There is no obligation on the Developer in the Section 278 agreement or the prior S106 agreement to implement the Development. Thus the Section 278 agreement correspond to the Section 106 agreement considered in the case of R (Midlands Co-operative Society Ltd) v Birmingham City Council (1) Tesco Stores Ltd (2) as approved in the Faraday case (paragraph 52) on the basis that the agreement considered in the Midlands Co-operative Society case contained no obligation contingent or otherwise for the carrying out of development.
Notes:
a. The estimated aggregate value of the works further to the Section 278 agreement which the Developer is to undertake is £10.8 million.
b. In the Section 278 Agreement the Developer will undertake a transparent and impartial procurement process for the highway works. |