Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
National Highways
Birmingham
B1 1RN
UK
Contact person: Hywel Jones
E-mail: Hywel.Jones@nationalhighways.co.uk
NUTS: UK
Internet address(es)
Main address: https://nationalhighways.co.uk
I.4) Type of the contracting authority
National or federal agency/office
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Stopped Vehicle Detection
II.1.2) Main CPV code
63712710
II.1.3) Type of contract
Services
II.1.4) Short description
The scope of the procurement is to provide:
i) support and maintenance services to existing radar units and for new radar units to be supplied under this contract,
ii) the supply of additional radar devices for the targeted replacement of specific existing units
iii) the option to upgrade the drive mechanism within existing radar units
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
17 300 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
45316210
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
The contract has 3 elements:
a) support and maintenance services to the existing 1200 radar units which have already been supplied and installed; support and maintenance services to additional radar units to be supplied under this contract as part of a targeted device refresh where radar are reaching “end of life”; and support and maintenance services for the upgrade of existing radars on the M3 and M25 and for the National Emergency Area Refresh Programme.
b) Supply of additional radar units (in the region of 120 units) to replace existing devices which are approaching “end of life”.
c) the option to upgrade the drive mechanism within existing radar units. No decision has been made regarding the adoption of a new drive mechanism so this would be incorporated into the contract as additional optional scope.
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:
National Highways is relying on Regulation 32(2)(b) (ii) and (iii) of the Public Contracts Regulations 2015 to justify the use of the negotiated procedure without prior publication for the following reasons:
1. The proposed supplier has exclusive (intellectual property) rights in the hardware and software already supplied to National Highways and do not share /re-sell/licence any of its designs/intellectual property with/to third parties. Without these, no other supplier could provide the support and maintenance services under the proposed contract to the pre-existing hardware. For the same reasons, no other supplier could provide upgrades to existing hardware.
2. Any targeted replacement of hardware under the proposed contract must be capable of integrating and interoperating with the existing deployed radar solution and its wider operational technology environment. In order to achieve this integration, access to the existing supplier’s intellectual property is required and the existing supplier will not share this with any third party. The proposed supplier is therefore currently the only supplier who is capable of supplying replacement hardware which will integrate with the existing solution and operational technology environment.
3. The only means by which another supplier could provide services and supplies similar to those under the proposed contract would be to replace the existing hardware with an alternative solution. Very significant investment has been made to deploy the existing hardware and the majority of these assets still have a number of years before they reach ‘end of life’. To undertake a wholesale replacement of the hardware at this juncture would therefore be disproportionate and unreasonable.
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
Contract No: ORT0127
Title: Strategic SVD
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
05/04/2024
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
Navtech Radar
Home Farm, Ardington, Wantage,
Oxfordshire
OX12 8PD
UK
NUTS: UK
The contractor is an SME:
Yes
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
17 300 000.00
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
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
National Highways will incorporate a minimum 10 calendar day standstill period from the date of publication of this notice before awarding this contract. Review procedures and timelines are as set out in the Public Contracts Regulations 2015.
VI.5) Date of dispatch of this notice
12/06/2024