Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
authority
I.1) Name and addresses
Via East Midlands Limited, CORSERV Limited, Cornwall Council, Nottinghamshire County Council
09903246
Cornwall Council Legal Services, Cornwall Council, New County Hall, Treyew Road (for VEM, CORSERV Limited and NCC addresses see V.2.3) below)
Truro
TR1 3AY
UK
Telephone: +44 1872322093
E-mail: ltrounce@cornwall.gov.uk
NUTS: UKK3
Internet address(es)
Main address: https://www.cornwall.gov.uk/
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Highways Cooperation Support Services.
II.1.2) Main CPV code
66171000
II.1.3) Type of contract
Services
II.1.4) Short description
Nottinghamshire County Council (NCC) and Cornwall Council (CC) are collaborating on a public task to provide highways-related services through the establishment and operation of a corporate joint venture (a Teckal body) called Via East Midlands Limited (Company No 09903246) (VEM). As part of these arrangements, VEM intends to enter into a collaboration with CC, CORSERV Limited (Company No 09598549) (CORSERV, a Teckal body wholly owned by CC) and NCC whereby CORSERV and NCC will provide VEM with strategic support functions in order to resource VEM towards the operation of its collaboration task. These resourcing contributions are the subject of this notice. The resourcing arrangements will be coordinated through a Collaboration Agreement (under Regulation 12(7) Public Contracts Regulations 2015 (PCR 2015)) to be entered into by NCC, CC, CORSERV and VEM both to support VEM and govern a broader cooperation between the parties to support the delivery of highways-related services.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
32 100 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
85147000
79100000
66171000
79418000
79633000
71317200
90700000
90714500
79400000
79340000
79411100
79416000
72222300
64200000
50111100
79631000
II.2.3) Place of performance
NUTS code:
UKF1
UKF14
UKF15
UKF16
Main site or place of performance:
Nottinghamshire.
The support services are provided to VEM which operates predominantly in Nottinghamshire (although VEM is registered in Cornwall please see Section 1.1)
II.2.4) Description of the procurement
VEM intends to enter into a collaboration with CC, CORSERV and NCC whereby: CORSERV will provide VEM with Legal and Governance; Financial Services; Procurement Services; Human Resources and Organisational Development; Safety, Health, Environment and Quality Management; Commercial Governance and Strategy; Communications, Public Relations and Marketing; Information Communication Technology and Fleet Management Services and the initial estimated value of this resource contribution, provided at cost, is between 15 000 000 GBP-17 000 000 GBP over 10 years or 23 000 000 GBP-25 000 000 GBP over 15 years; and NCC will provide VEM with Strategic Personnel Support, including Payroll and ICT Support provided at cost, (estimated annual figures: ICT: 372 000 GBP, HR:28 000 GBP, Payroll:35 000 GBP), estimated value 4 350 000 GBP to 5 660 000 GBP over 10 years or 6 525 000 GBP to 7 100 000 GBP over 15 years. There is an agreed review point in the 2nd year, therefore figures are estimates.
II.2.11) Information about options
Options:
Yes
Description of options:
The duration of the collaboration is 10 years. There is an extension period of up to a further 5 years.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
The national registration number supplied at 1.1) is the company registration number of Via East Midlands Limited.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation:
Each of NCC, CC, CORSERV and VEM (together the ‘Collaborating Parties’) considers entering into the contracts between them as a result of their Teckal arrangements and their cooperation in accordance with Regulations 12(1), 12(4) and 12(7) PCR 2015 are outside the scope of Directive 2014/24/EU of the European Parliament and of the Council and the PCR 2015.
VEM is a Teckal-body jointly controlled by NCC and CC in accordance with Regulation 12(4) PCR 2015 and is being established to deliver highways-related services to the NCC and CC which are local authorities.
Each of the Collaborating Parties considers that the collaboration agreement which they each will enter into is compatible with the principles of Directive 2014/24/EU of the European Parliament and of the Council both in terms of the operation of their joint Teckal arrangements and the application of Hamburg principle as set out in Regulation 12(7) of the PCR 2015. The arrangements are also in accordance with recital 31 of Directive 2014/24/EU of the European Parliament and of the Council which recognises that the application of public procurement rules should not interfere with the freedom of public authorities to perform the public service tasks conferred on them by using their own resources, which includes the possibility of cooperation with other public authorities.
The support functions described in Section II.1.4) are, in any event, non-commercial arrangements provided by NCC and CC (through CORSERV) to support the resourcing of VEM as a Teckal body and in pooling resources towards the efficient delivery of public services by VEM.
Under the Collaboration Agreement, the strategic support functions form part of the contributions by the Collaborating Parties in their collaboration, coordination and commitment to share information, experience, materials and skills to learn from each other and develop effective working practices, work cooperatively to identify solutions, eliminate duplication of effort and mitigate risk and reduce cost in performance of highways related services. The Collaborating Parties will perform on the open market less than 20 % of the activities concerned by their cooperation and aim to implement a cooperation to ensure the public services are provided to achieve common objectives in a manner governed by solely by public interest considerations.
Further details continue in Section VI.3) (Additional Information).
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
27/04/2016
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Cornwall Council (through CORSERV Limited) and Nottinghamshire County Council
(CORSERV, address as in Section 1.1) Nottingham: County Hall, Loughborough Road, West Bridgford, Cornwall
Nottingham
NG2 7QP
UK
NUTS: UKK3
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
32 100 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The overall estimated value of the resource contribution to be provided to VEM by NCC and CORSERV to support the public task is between 19 350 000 GBP and 31 525 000 GBP across an intended term of the collaboration between the Contracting Authorities of 10-15 years. Please refer to the information in Section II.2.4) in relation to this figure.
CORSERV is a Teckal-body controlled by CC under Regulation 12(1) PCR 2015 and is being established to deliver (along with NCC) strategic support functions to VEM in the context of the delivery of highways-related services. CORSERV is not a local authority, but it is a contracting authority due to its Teckal in-house relationship with CC as a wholly owned and controlled resource of CC.
VI.4) Procedures for review
VI.4.1) Review body
Via East Midlands Limited
Cornwall Council Legal Services, Cornwall Council, New County Hall, Treyew Road, Cornwall
Truro
TR1 3AY
UK
Telephone: +44 1872322093
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
In accordance with Part 3 (and in particular Regulation 92 and 93) of the PCR 2015.
VI.5) Date of dispatch of this notice
27/04/2016