Find a TenderAwarded without competition
Published 5 Mar 2021, 15:08 GMT

Official UK procurement notice

Oxford North Highway Works

Official notice

Authority: Oxfordshire County Council (Local council)

WorksAward procedure without prior publication of a call for competition
Awarded value£10,800,000published contract · exc. VAT
Awarded 5 Mar 2021no call for competition
Awarded to Thomas White (Oxford) Limited

What is being bought

Published requirement description

The proposed agreements will be entered into under Section 278 Highways Act 1980 together with a separate planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 relating to proposed development at Oxford North (“the Development”) The agreements will contain commitments made by the developer (the “Developer”, named as the contractor/concessionaire in section V.2.3) which are linked to the progress of the Development for the design and execution by the Developer of a series of improvements to the highway infrastructure to facilitate and mitigate the impact of the Development.

CPV: Metal · Road construction works

The lotProcurement structure

single lot · no lot value published
Lot #1
Delivery: South East

Procedure terms & legal framework

From the official record
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
5 Mar 2021, 15:08 GMT
Last source update
5 Mar 2021, 15:08 GMT
Authority reference
DN529968
FTS notice number
2021/S 000-004478
Classification (CPV)
MetalRoad construction works
Delivery area
South East (UKJ14)
Official registry OCID
ocds-h6vhtk-0298d2 Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

There is a proposed agreement ("the section 278 agreement") which will cover a single set of works required through the planning process for the Development. It is considered that they will not constitute public works for the following reasons:

  1. The Section 278 agreement is required to be entered into together with a separate planning obligation pursuant to Section 106 Town and Country Planning Act 1990 and for the same purpose that is to render the Development acceptable in planning terms. The core rationale for this requirement (and the other Section 106 planning obligations) is that they are necessary to enable the grant of planning permission and they are considered to be in compliance with Regulations 122 Community Infrastructure Levy Regulations 2010. Thus, the essential objective of the Section 278 Agreements is for a planning purpose in accordance with the statutory planning regime. It was endorsed in Faraday Development Ltd v West Berkshire Council and St Modwen Developments Ltd (“the Faraday Case) following the principle established in Helmut Muller GMbH v Bundesanstalt fur Immobilienaufgaben- Helmut Muller) that an agreement was not a public works contract where the contracting authority’s primary objective was of a planning nature under the statutory regime.
  2. An essential ingredient of a public works contract is that it is for pecuniary interest – see Regulation 2 of the Public Contract Regulations 2015. The Advocate General’s opinion in European Commission v Kingdom of Spain seeks to provide a definitive statement of the meaning of “pecuniary interest” concluding that it implies that the contracting authority needs to use its own funds either directly or indirectly. No direct financing will be provided by the contracting authority in respect of the Section 278 agreement. Indirect financing occurs when the contracting authority suffers economic detriment as a result of the method of funding the works. No economic detriment will be sustained by the contracting authority in consequence of entering into the section 278 agreement. The highway works will be delivered in kind rather than through the provision of funding to the contracting authority.
  3. Under the Section 278 Agreement there will be no liability for the highway works to be delivered unless the Development is implemented and it is entirely at the discretion of the Developer as to whether the Development is implemented. There is no obligation on the Developer in the Section 278 agreement or the prior S106 agreement to implement the Development. Thus the Section 278 agreement correspond to the Section 106 agreement considered in the case of R (Midlands Co-operative Society Ltd) v Birmingham City Council (1) Tesco Stores Ltd (2) as approved in the Faraday case (paragraph 52) on the basis that the agreement considered in the Midlands Co-operative Society case contained no obligation contingent or otherwise for the carrying out of development.

Notes:

a. The estimated aggregate value of the works further to the Section 278 agreement which the Developer is to undertake is £10.8 million.

b. In the Section 278 Agreement the Developer will undertake a transparent and impartial procurement process for the highway works.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £10,800,0001 contract exc. VAT
Contracts signed 1latest 5 Mar 2021
Awarded toValueDateStatus
Thomas White (Oxford) LimitedSME£10,800,000 †—Awarded

Contracts

Contracting authority & participating public bodies

Oxfordshire County Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services County Hall, Oxford, South East, OX1 1NDContact name, email, phone

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.