Contract Extension-Street Lighting Term Service Contract

CPV: Commissioning of public lighting installations · Installation of road lighting equipment · Lampposts · Lamps and light fittings · Lamps sockets · Lighting equipment and electric lamps · Parts of lamps and lighting equipment · Street lamps · Street-lighting columns

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

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

4 Apr 2024, 15:11 BST

Last source update

4 Apr 2024, 15:11 BST

FTS notice number

2024/S 000-010976

Classification (CPV)

Commissioning of public lighting installationsInstallation of road lighting equipmentLamppostsLamps and light fittingsLamps socketsLighting equipment and electric lampsParts of lamps and lighting equipmentStreet lampsStreet-lighting columns

Delivery area

London (UKI74)

Official registry OCID

ocds-h6vhtk-044fa8 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

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.

• J McCann & Co LimitedAwarded supplier McCann House, 110 Nottingham Road, Chilwell, Nottingham, East Midlands, NG9 6DQ

No document links were published on the notice.