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Document 115099-2009-

Access document: http://ted.europa.eu/udl?uri=TED:NOTICE:115099-2009:TEXT:EN:HTML
25/04/2009    S80    European Communities – Works contracts – Accelerated restricted procedure

UK-Denbigh: construction work

2009/S 80-115099

CONTRACT NOTICE

Works

SECTION I: CONTRACTING AUTHORITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S):

Denbighshire County Council, Caledfryn, Smithfield Road, Contact: Design & Development, Attn: Paul Holt, UK-Denbigh LL16 3RJ. Tel.  +44 1824706892. E-mail: paul.holt@denbighshire.gov.uk.

Internet address(es):

General address of the contracting authority: http://www.denbighshire.gov.uk.

Further information can be obtained at: As in above-mentioned contact point(s).

I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Regional or local authority.
General public services.
The contracting authority is purchasing on behalf of other contracting authorities: no.

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority:
Public Sector Housing Improvement Framework Agreement 2009 – 2013.
II.1.2) Type of contract and location of works, place of delivery or of performance:
Works.
Execution.
Main site or location of works: Various locations within Denbighshire.

NUTS code: UKL13 .

II.1.3) The notice involves:
The establishment of a framework agreement.
II.1.4) Information on framework agreement:
Framework agreement with several operators.
Maximum number of participants to the framework agreement envisaged: 10.
Duration of the framework agreement: Duration in year(s): 4
Estimated total value of purchases for the entire duration of the framework agreement:
Estimated value excluding VAT: 10 000 000 GBP.
Frequency and value of the contracts to be awarded: 5 contracts during 2 years, each contract is worth appoximately GBP 2 000 000.
II.1.5) Short description of the contract or purchase(s):
The initial tender is to award a contract to a successful contractor for Contract number 1.
To Rewire, fit a new kitchen and fit a new bathroom to each property in houses bungalows and low rise flats plus possible disabled adaptation works;
Contract 1 (2009-2010) – 227 properties in Rhyl;
This is an indicative list of the other 4 contracts. We cannot guarantee the amount of business allocated under this framework, which is subject to funding availability.
Contract 2 (2009-2010) – 215 properties in North Denbighshire (Prestatyn, Rhuddlan, Meliden, Bodelwyddan);
Contract 3 (2009-2010) – 199 properties in South Denbighshire (St Asaph and Ruthin);
Contract 4 (2010-2011) – 282 properties in North Denbighshire (Rhyl, Prestatyn, St Asaph, Bodelwyddan);
Contract 5 (2010-2011) – 173 properties in Rhyl.
The total anticipated framework value is approximately GBP 10 000 000.
Please note – property numbers in all the above Contracts may diminish due to sales or tenant refusal of works.
Please note there may be additional works not identified above relating to social housing in 2012/2013 that may subject to funding availability become within scope of this framework agreement. Further details are not known at this stage.
II.1.6) Common procurement vocabulary (CPV):

45000000.

II.1.7) Contract covered by the Government Procurement Agreement (GPA):
No.
II.1.8) Division into lots:
No.
II.1.9) Variants will be accepted:
No.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope:
The initial tender is to award a contract to a successful contractor for Contract number 1.
To Rewire, fit a new kitchen and fit a new bathroom to each property in houses bungalows and low rise flats plus possible disabled adaptation works;
Contract 1 (2009-2010) – 227 properties in Rhyl;
This is an indicative list of the other 4 contracts. We cannot guarantee the amount of business allocated under this framework, which is subject to funding availability.
Contract 2 (2009-2010) – 215 properties in North Denbighshire (Prestatyn, Rhuddlan, Meliden, Bodelwyddan);
Contract 3 (2009-2010) – 199 properties in South Denbighshire (St Asaph and Ruthin);
Contract 4 (2010-2011) – 282 properties in North Denbighshire (Rhyl, Prestatyn, St Asaph, Bodelwyddan);
Contract 5 (2010-2011) – 173 properties in Rhyl.
The total anticipated framework value is approximately GBP 10 000 000.
Please note – property numbers in all the above Contracts may diminish due to sales or tenant refusal of works.
Please note there may be additional works not identified above relating to social housing in 2012/2013 that may subject to funding availability become within scope of this framework agreement. Further details are not known at this stage.
Estimated value excluding VAT: 10 000 000 GBP.
II.2.2) Options:
No.
II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Duration in months: 24 (from the award of the contract).

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

III.1) CONDITIONS RELATING TO THE CONTRACT
III.1.1) Deposits and guarantees required:
Parent company guarantee and performance bond.
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
Bankers reference details including details of current working capital as well as current borrowing commitments.
III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Joint and several liability.
III.1.4) Other particular conditions to which the performance of the contract is subject:
Yes.
Pass on Health & Safety.
Financial security, minimum risk to the Authority.
III.2) CONDITIONS FOR PARTICIPATION
III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers:
Information and formalities necessary for evaluating if requirements are met: (a) is bankrupt or is being wound up, whose affairs are being administered by the courts, who has entered into an arrangement with creditors or who is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding-up or administration by the courts or for an arrangement with creditors or is the subject of any other similar proceeding under national laws or regulations;
(c) has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata;
(d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can justify;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under the provisions of the Directive on the criteria for qualitative selection.
III.2.2) Economic and financial capacity:
Information and formalities necessary for evaluating if requirements are met: (a) bank statement and/or evidence of professional risk indemnity insurance;
(b) balance sheets or extracts of balance sheets;
(c) statement of turnover for a maximum of the last 3 years.
Minimum level(s) of standards possibly required: Public liability insurance - minimum cover GBP 5 000 000 per claim.
Employers liability insurance - minimum cover GBP 5 000 000 per claim.
The assessment to determine the Financial risk will be based on a combination of the information provided, an Experian risk rating score as well as the Authority’s Accountant’s interpretation.
Any provider assessed as a major risk will be disqualified from further participation.
III.2.3) Technical capacity:
Information and formalities necessary for evaluating if requirements are met: (b) a list of principal deliveries effected or services provided in the last 3 years and evidence of delivery;
(c) an indication of technicians or technical bodies involved;
(d) a description of technical facilities and measures used to ensure quality;
(e) educational and professional qualifications of the supplier and staff responsible for performing the contract;
(g) a statement of average annual manpower and number of staff in the last 3 years;
(h) a statement of tools, plant and equipment available to the supplier;
(i) details of any intended sub-contracting arrangements;
(j) where appropriate, samples, descriptions and photographs of products and quality assurance certificates.
III.2.4) Reserved contracts:
No.
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1) Execution of the service is reserved to a particular profession:
No.
III.3.2) Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service:
Yes.

SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE
IV.1.1) Type of procedure:
Accelerated restricted.
Justification for the choice of accelerated procedure: To fast track a major capital programme for the benefit of economic operators in the light of the economic situation.
IV.1.2) Limitations on the number of operators who will be invited to tender or to participate:
Envisaged minimum number: 5. Maximum number: 10
Objective criteria for choosing the limited number of candidates: Technical Capability.
Economic and financial stablity.
Statement relating to good standing.
IV.1.3) Reduction of the number of operators during the negotiation or dialogue:
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no.
IV.2) AWARD CRITERIA
IV.2.1) Award criteria:
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document.
IV.2.2) An electronic auction will be used:
No.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1) File reference number attributed by the contracting authority:
P7/08/701.
IV.3.2) Previous publication(s) concerning the same contract:
No.
IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document:
Time limit for receipt of requests for documents or for accessing documents: 8.5.2009 - 12:00.
Payable documents: no.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
13.5.2009 - 12:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates:
2.6.2009.
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up:
English.
IV.3.7) Minimum time frame during which the tenderer must maintain the tender:
Duration in month(s): 4 (from the date stated for receipt of tender).
IV.3.8) Conditions for opening tenders:
Date: 3.7.2009 - 12:00.
Persons authorised to be present at the opening of tenders: no.

SECTION VI: COMPLEMENTARY INFORMATION

VI.1) THIS IS A RECURRENT PROCUREMENT:
No.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
No.
VI.3) ADDITIONAL INFORMATION:
JCT Framework Agreement and JCT IC 2005 will be the form of contract used for each contract.
DCC expect all providers to comply with the Fair Payment Code for Subcontractors (If applicable).
Buy4Wales Reference Number: 16792.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures:
VI.4.2) Lodging of appeals:
Precise information on deadline(s) for lodging appeals: The contracting authority will incorporate a minimum 10-calendar-day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the framework agreement is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such additional information should be requested from the address in section I.1). If an appeal regarding the award of a contract has not been successfully resolved, the Public Contracts Regulations 2006 provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (generally within 3 months). Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages.
VI.4.3) Service from which information about the lodging of appeals may be obtained:
VI.5) DATE OF DISPATCH OF THIS NOTICE:
23.4.2009.