Purpose

It is proposed to extend the existing Highways Maintenance contract HM10 from its currently scheduled expiry date of 30th September 2026 to 18th December 2026 by means of a contract variation to ensure emergency works delivery and out of hours call out can continue until a new contract is in place and to allow sufficient time for any mobilisation and any TUPE process required in respect of that new contract.

The extension is required due to the need to extend the time-scales for completion of the procurement process currently underway, the revised completion date for which would allow insufficient time for the above requirements ahead of the expiry of the current contract.

Decision

Decision:

1. That the existing HM10 contract is extended to allow emergency works cover and out of hours call out to continue and to align with the new contractual completions dates that make allowance for any mobilisation and TUPE requirements to be achievable, be noted.

Reasons for the recommendation:

The proposed short extension of the existing contract is a permitted modification and will enable the required time for any new provider to mobilise and manage any TUPE process that may apply, ensuring continuity of service and effectively mitigating the risks of challenge to the procurement or gap in cover for emergency works delivery and out of hours call out until the new contract starts.

Alternative options considered and rejected:

Continue with the existing schedule – this was rejected on the basis that it would not allow sufficient time for any new provider to mobilise and for any TUPE process required to be completed in good time, leading to the risk of a challenge to the procurement and disruption to service.

Push back the new contract start date without extending the existing contract – this was rejected on the basis that it would not provide for emergency works cover and out of hours call out to continue following the expiry of the existing contract until the new contract starts.