Surfacing Works for Gloucestershire County Council 2022 to 2026 (2026 to 2027)

{
  "awards": [
    {
      "id": "017123-2026-1",
      "relatedLots": [
        "1"
      ],
      "status": "active",
      "suppliers": [
        {
          "id": "GB-COH-00453791",
          "name": "Tarmac Trading Limited"
        }
      ],
      "title": "Surfacing Works for Gloucestershire County Council 2022 to 2026 (2026 to 2027  )"
    }
  ],
  "buyer": {
    "id": "GB-FTS-143856",
    "name": "Gloucestershire County Council"
  },
  "contracts": [
    {
      "awardID": "017123-2026-1",
      "dateSigned": "2026-02-25T00:00:00Z",
      "id": "017123-2026-1",
      "status": "active",
      "title": "Surfacing Works for Gloucestershire County Council 2022 to 2026 (2026 to 2027  )",
      "value": {
        "amount": 24000000,
        "currency": "GBP"
      }
    }
  ],
  "date": "2026-02-25T18:37:48Z",
  "description": "This Voluntary ex ante transparency notice is issued voluntarily to enhance transparency  while the Authority prepares the future procurement approach.",
  "id": "017123-2026",
  "initiationType": "tender",
  "language": "en",
  "ocid": "ocds-h6vhtk-065ca1",
  "parties": [
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "Gloucester",
        "postalCode": "GL12TG",
        "region": "UKK13",
        "streetAddress": "Shire Hall, Westgate Street"
      },
      "contactPoint": {
        "email": "mike.mcgowan@gloucestershire.gov.uk",
        "name": "Mike McGowan"
      },
      "details": {
        "classifications": [
          {
            "description": "Regional or local authority",
            "id": "REGIONAL_AUTHORITY",
            "scheme": "TED_CA_TYPE"
          },
          {
            "description": "General public services",
            "id": "01",
            "scheme": "COFOG"
          }
        ],
        "url": "https://www.gloucestershire.gov.uk/"
      },
      "id": "GB-FTS-143856",
      "identifier": {
        "legalName": "Gloucestershire County Council",
        "noIdentifierRationale": "notOnAnyRegister"
      },
      "name": "Gloucestershire County Council",
      "roles": [
        "buyer"
      ]
    },
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "Birmingham",
        "region": "UK"
      },
      "details": {
        "scale": "large"
      },
      "id": "GB-COH-00453791",
      "identifier": {
        "id": "00453791",
        "legalName": "Tarmac Trading Limited",
        "scheme": "GB-COH"
      },
      "name": "Tarmac Trading Limited",
      "roles": [
        "supplier"
      ]
    },
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "Gloucester"
      },
      "id": "GB-FTS-3499",
      "identifier": {
        "legalName": "Gloucestershire County Council"
      },
      "name": "Gloucestershire County Council",
      "roles": [
        "reviewBody"
      ]
    }
  ],
  "tag": [
    "award",
    "contract"
  ],
  "tender": {
    "classification": {
      "description": "Construction, foundation and surface works for highways, roads",
      "id": "45233000",
      "scheme": "CPV"
    },
    "coveredBy": [
      "GPA"
    ],
    "description": "This VEAT Notice gives advance public warning that the Authority intends to modify its existing contract titled \"Surfacing Works for Gloucestershire County Council 2022 to 2026\" solely to extend the contract term beyond its current expiry date. The Authority intends to extend the existing contract for a period of 12 months, from the current expiry date of 31st March 2026, ending on 31st March 2027.\nThe procurement process for a replacement structural maintenance contract, that was intended to replace the Council\u0027s current structural maintenance contract, was halted in Autumn 2025 due to a technical issue that arose with the tender documents.\nIn considering the next steps, it is considered that it would be prudent to extend the current contract for a period of one year to enable the Council to consider its approach to re-procurement and ensure that the procurement better reflects the emerging, but as yet unclear service requirement arising as a result of the forthcoming Local Government Reorganisation in Gloucestershire which have the potential to impact this County wide service. The long-term position related to Local Government Reorganisation in Gloucestershire remains unclear.  The structural make-up of local authorities in the county could have a material impact on how the proposed replacement structural maintenance contract might be structured and operated.  Risks therefore exist in progressing with such a high value and high-profile contract whilst there remains considerable \u0027unknowns\u0027.  This could risk locking the Council into a long-term contract and a delivery model now, which might not best suit local need and / or would require re-negotiation once the Local Government Reorganisation position is more fully understood.\nThe intention is that any replacement structural maintenance contract following this extension will commence on 1st April 2027. The Authority will begin the procurement process for this in April 2026 through the publication of a Market Engagement Notice. \nThe extension qualifies as a non substantial modification under Regulation 72(1)(e) and Regulation 72(8) of the Public Contracts Regulations 2015.",
    "id": "ocds-h6vhtk-065ca1",
    "items": [
      {
        "deliveryAddresses": [
          {
            "region": "UKK13"
          }
        ],
        "id": "1",
        "relatedLot": "1"
      }
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "lots": [
      {
        "description": "The modification is required to ensure continuity of services and to allow more time for a procurement process to be developed in respect of a longer-term replacement contract which better reflects the requirements of the emerging Local Government Reorganisation position.  \nThe modification is necessary because:\n\u2022\tThe Authority requires continuity of service while undertaking market review and preparing a compliant procurement procedure.\n\u2022\tThe need for the extension could not reasonably have been foreseen during the original procurement.\n\u2022\tThe extension does not exceed thresholds that would render it substantial.\nThe works are part of the structural maintenance programme for Gloucestershire County Council and will be ordered by Task Order for each individual package/scheme. Works to consist of structural repairs to the County Network including planing off existing surfaces and replacement to the various depths and layers required by the design of each scheme.\nWorks will also include minor works reactive schemes from Area Managers budgets Depot schemes tend to be smaller in size than schemes in the structural maintenance programme. Works will also include a limited number of patching schemes. Works will\ninclude temporary traffic management, site clearance, adjustment to ironworks, siding, surfacing, ancillary kerbing, road marks and patching. The works will be located across the County.\nThe intention is that any replacement structural maintenance contract following this extension will commence on 1st April 2027. The Authority will begin the procurement process for this in April 2026 through the publication of a Market Engagement Notice.",
        "hasOptions": false,
        "id": "1"
      }
    ],
    "mainProcurementCategory": "works",
    "procurementMethod": "limited",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "The Contracting Authority intends to extend the term of the existing contract under Regulation 72(1)(e) of the Public Contracts Regulations 2015 on the basis that the modification is non substantial. The extension does not alter the overall nature of the contract and satisfies the tests set out in Regulation 72(8). The modification does not render the contract materially different in character, does not introduce conditions that would have allowed for different bidders or results, does not shift the economic balance in favour of the supplier, and does not considerably extend the scope of the contract.\nCase law confirms that such changes, where they do not materially alter the character or scope of the contract, fall within the non substantial safe harbour under Regulation 72(1)(e). \nThe extension is limited in scope and duration and is necessary to ensure continuity of service while the Authority prepares the next procurement stage. No new procurement procedure is required. This VEAT notice is being published voluntarily to ensure transparency.\nThe extension does not materially alter the nature of the contract, does not change the economic balance in favour of the supplier, and does not considerably extend the scope of the original procurement. These considerations align with the non substantial modification tests applied in Regulation 72(8), consistent with existing caselaw interpretation. The modification proposed is justified under Regulation 72(1)(e) and 72 (8) PCRs on the basis that:\na)\tRenders the contract materially different in character from the original.  \nThe proposal is a 25% in length and 30% in value change to the original contract.   There is no change to the scope of the services.  The contract remains for the delivery of highways resurfacing though the provision of materials, equipment and expertise for another year.\nb)\tIntroduces conditions which had they been part of the original procurement would have allowed for the selection of an alternative supplier or would have attracted additional participants.\nIn all cases this condition is considered in the context of the time the contract was procured and not when it was varied.  It is considered unlikely that a five year vs. four-year contract would have altered the outcome - it is unlikely to have attracted different participants, and this proposes no material change to the supplied services. \nc)\tChanges the economic balance of the contract in favour of the contractor in a manner which was not provided for in the initial contract.  \nThere is no change to the payment structure or level of service to be provided.  Pricing will be on the same basis as now with a potential inflation increase.  The current pricing was based on competitive tender in 2022.\nd)\tExtends the scope of the contract considerably.  \nRegulation 72 allows a 50% increase in value in limited circumstances. The proposal is a 25% in length, and 30% in value, change to the original contract and no other changes are being made to the scope of services. The scope of services continues to cover existing highways resurfacing works, through the provision of materials, equipment and expertise.\ne)\tIntroduces a new contractor other than in accordance with Reg.  72(1)(d).\nThis is not applicable as the contract remains with the incumbent supplier, Tarmac Trading Services.",
    "procurementMethodRationaleClassifications": [
      {
        "description": "The procurement falls outside the scope of application of the directive",
        "id": "D_OUTSIDE_SCOPE",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL"
      }
    ],
    "status": "complete",
    "title": "Surfacing Works for Gloucestershire County Council 2022 to 2026 (2026 to 2027)"
  }
}