Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
London Borough of Hillingdon
London
Hillingdon
London
UK
Contact person: Allison Mayo
E-mail: AMayo@hillingdon.gov.uk
NUTS: UKI74
Internet address(es)
Main address: www.hillingdon.gov.uk
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Contract Extension-Street Lighting Term Service Contract
II.1.2) Main CPV code
45316110
II.1.3) Type of contract
Works
II.1.4) Short description
The London Borough of Hillingdon (the Authority) intends to enter into a deed of contract extension with J McCann & Co Limited in relation to a Streetlighting Term Service Contract for street lighting routine maintenance, inspection, maintenance and testing of street lighting and traffic signs and bollard and traffic sign cleaning, (the Underlying Contract). The Underlying Contracts were originally procured under OJEU Contract Notice 2016/S 122-218733, published on 22 June 2016.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
6 500 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
31500000
31520000
31530000
31532400
34928510
34928520
34928530
45316110
50232110
II.2.3) Place of performance
NUTS code:
UKI74
II.2.4) Description of the procurement
The Authority appointed the Contractor to provide street lighting maintenance services pursuant to the Street Lighting Term Service Contract
The Authority intends to enter a deed of contract extension with the Contractor to extend the Street Lighting Term Service Contracts, the effect of which will be the following:
• Capital investment works- Column Replacement Programme and Structural testing of street lighting columns
• Term service works including:
• Routine maintenance, inspection, maintenance and testing of street lighting and traffic signs, bollard, and traffic sign cleaning;
• Non-routine maintenance of street lighting and traffic signs to include emergency call outs and on-going fault repairs
• Night scouting;
• 24-hour emergency call out facility
• Management of fault reports, complaints and Member enquiries.
• Task order works as instructed on an ad-hoc basis based on a tendered Schedule of Rates, covering:
• Street lighting design for town centre improvement schemes
• Column painting programme (to reduce year on year following the installation of non-painted galvanised steel columns).
• To extend the expiry date to 31 March 2026
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
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:
This VTN gives notice that the Authority is entering into a deed of extension (the "Contract") to extend the duration of the existing street lighting term service contract between the Authority and the Contractor.
The extension does not seek to introduce new requirements, amendments to the commercial terms or the intended scope of works to be provided under the Term Service Contract and are to be delivered in the same geographical location as the current contract. This will continue as currently drafted (NEC 3 Term Service Contract (June 2005) (with amendments April 2013).
A procurement procedure is not necessary on the basis that the award of the Contract is permitted pursuant to Regulation 72 (1) (e) and 72(8) of the Public Contracts Regulations 2015.The Contract will have the effect of modifying the Underlying Contracts in accordance with Regulation 72 of the Public Contract Regulations 2015.
The Underlying Contract concern the provision of a range of street lighting maintenance services ,management and related services, by the Contractor, in relation to the Authority’s street lighting network.
Namely, the proposed modification is not substantial within the meaning of Regulation 72 (1) (e) and on the basis that:
1. the modification does not render the Underlying Contract materially different in character – the works to be delivered are limited in nature to those already delivered, in the same geographical location and on identical commercial terms to those of that under the Underlying Contract and do not seek to introduce new requirements or amendments to the commercial terms.
2. the modification is for a limited period and is intended to facilitate the re-procurement of opportunities as a whole.
3. the Council has satisfied itself that the modification does not introduce conditions which would have (a) allowed for the admission of other candidates, (b) allowed for the acceptance of another tender, or (c) attracted additional participants in the procurement procedure – The Authority has satisfied that, had the Contract been originally advertised to take account of the extension, it is unlikely that this would have changed the outcome of the procurement or resulted in a different cohort of tenderers.
4. the modification does not change the economic balance in favour of the contractor in a manner which was not provided for in the contract – The Authority has satisfied itself that the proposed pricing is on market terms and has been benchmarked this against market knowledge of similar contracts/pricing models and therefore remains reflective of market costs and does not amount to an over-compensation of the services to be provided.
5. The modification extends the scope of the contract considerably – the Authority has satisfied itself that the modification does not extend the scope of the contract considerably as the extension is limited in duration to facilitate the re-procurement process and the specification and commercial terms remain unamended.
6. As per our comments at 1 above, the modification does not extend the scope of the contract. For the reasons set out above, the proposed modification does not constitute a substantial modification and is permitted by Regulation 72 (1) (e) of the Public Contracts Regulations 2015.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
03/10/2016
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
J McCann & Co Limited
McCann House, 110 Nottingham Road, Chilwell
Nottingham
NG9 6DQ
UK
NUTS: UKF14
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:
6 500 000.00
GBP
V.2.5) Information about subcontracting
The contract/concession is likely to be subcontracted
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
London
UK
VI.4.2) Body responsible for mediation procedures
High Court of England and Wales
London
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
The Contracting Authority will conduct itself in accordance with the Public Contracts Regulations 2015.
VI.4.4) Service from which information about the review procedure may be obtained
VI.5) Date of dispatch of this notice
04/04/2024