Asset Delivery Maintenance & Response East Region

CPV: Construction work for highways · Electrical installation work · Engineering services · Highway maintenance work · Road-maintenance works · Roadworks · Surface work for highways

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

Works

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

12 Aug 2025, 10:06 BST

Last source update

12 Aug 2025, 10:06 BST

FTS notice number

2025/S 000-047884

Classification (CPV)

Construction work for highwaysElectrical installation workEngineering servicesHighway maintenance workRoad-maintenance worksRoadworksSurface work for highways

Delivery area

UKLondon (UKI)

Official registry OCID

ocds-h6vhtk-0585b7 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The modifications to the Contract fall within the permissible grounds set out under Regulation 72(1)(e) of the Public Contracts Regulations 2015 in that the modifications are not substantial within the meaning of Regulation 72(8) of the Public Contracts Regulations 2015 because:

The inclusion of Design Build Finance and Operate (DBFO) roads into the Contract does not render the Contract materially different compared to when it was originally procured. The type of work originally required of the Contract (i.e. maintenance and response) is the same as that which it will carry out on the previous DBFO stretches of the Strategic Road Network, it is just a case that the total lane coverage to be maintained under the Contract increases.

Adding the additional roads would not have changed the outcome of the original procurement in any way. The Contract will be fully operated in accordance with their current terms and pricing;

As the current Contract will be operated for the new roads on the same terms and pricing, this does not alter the economic balance of the Contract in favour of the contractor;

The change does not considerably alter the scope of the Contract as the works and services provided will remain unchanged and the roads have been included in this Contract because they are adjacent in terms of geographical scope also. Any increase in scope is also mitigated by a shortening in Contract term;

This is not a change in contractor.

In addition, National Highways also considers that the exemption at Regulation 72(1)(b) would in any event apply. This permits additional services or supplies that have become necessary and were not included in the initial procurement where a change of contractor cannot be made for economic or technical reasons and another supplier/procurement would cause significant inconvenience or substantial duplication of costs for the contracting authority; and where any increase in price does not exceed 50% of the value of the original Contract.

The Deed of Variation ensures continuity of service on the Strategic Road Network and aligns with National Highways' wider asset delivery and procurement strategy, thereby safeguarding public value and network integrity. The Contract is being shortened to better align with the re-procurement strategy for all Maintenance & Response contracts. It would provide significant technical difficulties and duplication of procurement costs for National Highways to procure a contractor simply for this short stretch of network given the current re-procurement strategy.

• Ringway Infrastructure ServicesAwarded supplier Horsham, UK

No document links were published on the notice.