National Highways left with 'choice of one' on SVD procurement

24/06/2024 | CHRIS AMES

National Highways has awarded a new £17m contract to the supplier of its stopped vehicle detection technology on smart motorways after admitting that the company’s intellectual property rights exclude any alternative bidder.

The contract with Navtech, which has always been the sole supplier of the technology, includes devices installed under the recent expansion to cover the whole National Highways network of all lane running smart motorways.

The deal involves support and maintenance services to existing radar units and new ones supplied under the contract for the targeted replacement of specific existing units and the option to upgrade the drive mechanism within existing radar units.

The contract notice gives the value of the procurement as £17.3m and explains that National Highways is relying on Regulation 32(2)(b) (ii) and (iii) of the Public Contracts Regulations 2015 to justify the use of the negotiated procedure without prior publication.

The first reason given is that Navtech ‘has exclusive (intellectual property) rights in the hardware and software already supplied to National Highways and do not share /re-sell/licence (sic) any of its designs/intellectual property with/to third parties’.

It states: ‘Without these, no other supplier could provide the support and maintenance services under the proposed contract to the pre-existing hardware. For the same reasons, no other supplier could provide upgrades to existing hardware.’

The notice further claims that any targeted replacement of hardware under the proposed contract must be capable of integrating and interoperating with the existing deployed radar solution and its wider operational technology environment, adding that this would not be possible without access to Navtech’s intellectual property.

It argues: ‘The only means by which another supplier could provide services and supplies similar to those under the proposed contract would be to replace the existing hardware with an alternative solution. Very significant investment has been made to deploy the existing hardware and the majority of these assets still have a number of years before they reach end of life.’

One ITS expert told Highways that the price of the contract seemed high but that it appeared that Navtech had been able to protect its commercial position from the start of its contract, which they suggested probably reflected National Highways’ ‘desperation’ to have a stopped vehicle detection solution in place.

Highways asked National Highways what mechanisms have been built into the contract to ensure that it provides value for taxpayers’ money.

A spokesperson said: ‘National Highways’ contracts contain stringent processes, including continual performance objectives, to ensure suppliers meet our high demands for service.’

There are 1,200 radar units, which have already been supplied and installed. The contact notice states that no decision has been made regarding a new drive mechanism, ‘so this would be incorporated into the contract as additional optional scope’.

Highways InProfile

latest magazine issue
Highways jobs

Project Lead - Bridges and Structures WMF3037e

£45,718 to £46,731
We are currently seeking to recruit a Project Lead to join our Bridges and Structures team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Traffic Management Technician - WMF3040e

£27,711 - £28,624
Are you an organised and motivated individual who wants to make a difference to how our roads are managed? Cumbria / Various
Recruiter: Westmorland and Furness Council

Traffic Management Officer - WMF2114e

£37,035 - £37,938
Are you an experienced and motivated professional looking to take the next step in your traffic management career? Cumbria / Various
Recruiter: Westmorland and Furness Council

Senior Transport Planner

£47,532 - £50,574
Royal Greenwich is a borough synonymous with first class modern services Greenwich, London (Greater)
Recruiter: Royal Borough of Greenwich

Technician - Highway Inspector

Grade 8 £28,797 - £30,708 per annum (Pay Award Pending)
Within the Highways Maintenance Team we are looking for an enthusiastic, customer focused and experienced person to join the Service Derbyshire
Recruiter: Derbyshire County Council

Project Delivery Senior Team Leader

£74,480 - £85,964
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification) Glasgow City
Recruiter: Transport Scotland

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
Westmorland and Furness Council is seeking an organised and enthusiastic individual to join our South Lakeland team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Bulky Operative

£25,584.00 - £27,269.00, Grade 5, 37 hours, Permanent.
An opportunity exists in the Council’s Street Scene Services for a Bulky Operative Wakefield, West Yorkshire
Recruiter: Wakefield Council

Project Delivery Team Leader

£57,710 - £71,842
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification). Glasgow City
Recruiter: Transport Scotland

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Shared Service Manager (Waste) North Herts Council

£52000 - £61000 per annum
Shared Service Manager (Waste) North Herts CouncilNorth Herts CouncilPermanent, Full Time£52,866 - £61,866 per annum, plus car allowance (pay award pe England, Hertfordshire, Letchworth Garden City
Recruiter: Essex County Council

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
This is a key support role, helping to deliver a wide range of traffic and road safety schemes across South Lakeland. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Flood Risk Engineering and Strategy Officer

£49,764 - £55,623
In line with our One Coventry Values, we want to ensure that our communities are represented across our workforce Coventry, West Midlands
Recruiter: Coventry City Council

Senior Integrated Transport Officer

£34,324 - £37,529
Are you an experienced transport planning professional ready to influence strategic policy and drive real change Matlock, Derbyshire
Recruiter: Derbyshire County Council

Roadworker Trainee LGV Driver (3 Posts)

Grade 6 £25,183 - £25,638 per annum (Pay award pending)
We’re looking for Roadworker/trainee LGV drivers to be part of our team undertaking major highway, bridge and related construction and reconstruction Derbyshire
Recruiter: Derbyshire County Council

Engineer

£44,430 - £51,663
This post is within the Highways Design and Delivery Team. London (Greater)
Recruiter: Tower Hamlets London Borough Council

Civil Enforcement Officer - WMF3013e

£27,711 -£28,624
Are you seeking an active and challenging role, part of a friendly and welcoming team? Cumbria / Various
Recruiter: Westmorland and Furness Council

UGO Bus Driver

Up to £25081.00 per annum
UGO Bus DriverPermanent, Part TimeUp to £25,081 per annum (full time equivalent)Location
Recruiter: Essex County Council

Head of Highways Operations

Salary
Somerset Council
Recruiter: Somerset Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW