Property management services of real estate on a fee or contract basis

Tender description

Management and maintenance of highways structures (bridges and their associated infrastructure together with foot bridges, highways culverts and subways/underpasses) within the city of Southampton. The Council seeks to have a single partner for management and maintenance of all the highways network within Southampton. This intended solution arises from the experience of the existing parallel arrangement since 2007 where management of Highways Structures has been undertaken separately and more specifically the difficulties identified associated with that parallel arrangement. The Council is currently in contract with a highways management and maintenance partner — BBLPL under the HSP. Accordingly the most appropriate way of addressing this is to subsume responsibilities and activities for Highways Structures within the HSP. The Council considers that under public procurement law there are 3 alternative grounds why there is no requirement to advertise and tender the self-contained opportunity for management and maintenance of Highways Structures within Southampton: 1. Under Regulation 72 (Modification of contracts during their term) of the Public Contracts Regulations 2015 (‘PCR’), varying the HSP to subsume within it the management and maintenance of Highways Structures is a modification which may take place without requiring a new procurement procedure. In particular, for the reasons outlined in Section II.1.4 it has become necessary to seek these services and works from BBLPL for economic and technical reasons (Regulation 72(1)(b)). Alternatively only through the experience of the parallel arrangements has the Council identified a need to modify existing arrangements as described in this notice and that modification does not alter the overall nature of the HSP and is far below 50 % of the HSP's value (Regulation 72(1)(c)). Also the Council considers that the nature of the proposed modification to the HSP is not substantial (Regulations 72(1)(e) and 72(8)). 2. Should the above Regulation 72 analysis not apply and this proposal were to trigger a public procurement process, the Council considers that Regulation 32 (Use of negotiated procedure without prior publication) of the PCR would apply. Specifically, Regulation 32(2)(b)(ii) (technical reasons) would apply. The current parallel arrangement has caused avoidable and problematic technical and operational difficulties which have significantly hindered the delivery of the services and works both for Highways Structures and the HSP and created significant operational and economic consequences for the parties. 3. Regulation 32(2)(b)(iii) (protection of exclusive rights) is also relevant. The HSP with BBLPL has existed since 2010 and continues until 2025. BBLPL manages and maintains all aspects of Southampton's highway network other than Highways Structures. Any party assuming the role of managing and maintaining Highways Structures would have to work with and alongside BBLPL. Any arrangement other than that proposed in this notice would necessarily have to involve BBLPL to be capable of eradicating the difficulties and issues described. Consequently, due to BBLPL's exclusive rights, requiring a new tender process for Highways Structures would be unrealistic, technically and practically. Therefore pursuing the proposal described in this notice would be compliant. Public procurement law allows the proposal with BBLPL to be pursued as a permitted modification of the HSP but even if that were not the case it is permissible for technical reasons or due to the existence of exclusive rights.