Lower Thames Crossing-Statutory Undertakers Detailed Design Contestabled Roads North-Telecoms

To carry out contestable detailed design to ensure utility diversions will be capable of adoption in accordance with Instalcom's own standards, and to ensure that the contestable detailed design is integrated with any relevant non-contestable design carried out by the relevant SU and that it is in accordance with Instalcom's adoptable standards.

• (i)the contract value was below the procurement threshold amount; and
• (ii)due to the nature of the works set out in the contracts (the design of contestable works), and market engagement done in relation to the proposed works set out in the contracts, there is not a reasonable alternative to using Instalcom for the purposes of carrying out the contracts. Operators in relation to telecommunications network cables have exclusive rights in terms of ownership of the plant and equipment included in their network, the need to ensure the functionality and safety of that network by overseeing the design of changes to the network and in terms of contracts they have entered into to exploit the network. Understandably they seek to protect those exclusive rights, by requiring indemnities and other contractual mechanisms to cover losses to their assets where they are caused by third party design work. Market engagement has confirmed that this means that design service providers in the wider market would choose not to bid or introduce unaffordable risk pricing, and as a result of this analysis Highways England considers that there is not a reasonable alternative to using Instalcom, and the award of the detailed design contract has therefore been made to Instalcom who are the utility asset owner.