CBC-1378-T-TS Transport Modelling - Modification

Tender description

This is a modification notice to a previous contract award notice. The previous notice is reference 2023/S 000-008263, published 22 March 2023. https://www.contractsfinder.service.gov.uk/Notice/463e3b64-aad5-4366-adb0-04fb76958109 We believe Regulation 72 (1) (b) applies. The previous award value was £277,062. We are increasing this by 50% to £415,593. Lot 1: Transport Modelling Services The commission is to update the CBLTM (Central Bedfordshire and Luton Transport Model) to enable it to be fit for purpose to support CBC in reviewing the new Local Plan, and to support the assessment of transport implications of major development in our authority area. Additional information: Reason for variation: The cost of the model update phase (1a) of the contract has increased from £102k to £217k. This is due to additional data requirements to rebuild the model. The additional data was necessary to update the model as accurately as possible to meet Department for Transport guidance. The data collection was procured through the contract and included data with high fixed costs, such as Mobile Network Data, which is provided by a third party. Legal justification for modification: The Public Contracts Regulations 2015 allow CBC to vary the value of a contract by up to 50%. Regulation 72 (1)(b) states that: "for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor- (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, or (ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract " With regards to Regulation 72 (1)(b)(i), a change of contractor at this stage would not be feasible to operate the model on CBC's behalf, as the update of the model under the initial procurement used various sources of data, some of which was subject to separate non-disclosure or licensing agreements that both CBC and AECOM Ltd are party to, including agreements for provision of Mobile Network Data and 'LENNON' rail ticketing data. Under 72 (1)(b)(ii), aside from the fact that another supplier could not operate the model at this stage due to the licensing arrangements explained above, the impact of another consultancy taking over this work would be significant, in that it is unlikely that they would 'accept' the model as their own work without time consuming review (and therefore cost to CBC). The model specification has also been approved by National Highways and any change to supplier/ approach would mean that this process would have to be revisited, a time-consuming process and a cost that that may be unacceptable to National Highways given this work has already been completed. This may also mean that that the model would not be available for the early stages of the assessment of the new Local Plan. Transport modelling is an integral part of the evidence base for a Local Plan and a delay in being able to progress this would be a significant risk to CBC.