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Documento 162848-2009-
Accedi al documento: http://ted.europa.eu/udl?uri=TED:NOTICE:162848-2009:TEXT:EN:HTML
16/06/2009
S113
European Communities – Works contracts – Accelerated restricted procedure
UK-Newport: highway maintenance work
2009/S 113-162848
CONTRACT NOTICE
Works
SECTION I: CONTRACTING AUTHORITY
I.1)
NAME, ADDRESSES AND CONTACT POINT(S):
Isle of Wight Council, Strategic Procurement Unit, County Hall, High Street, Attn: Lucy Hebditch, UK-Newport PO30 1UD. Tel. +44 1983823271. E-mail: lucy.hebditch@iow.gov.uk. Fax +44 1983822958.
Internet address(es):
General address of the contracting authority: http://www.iwight.com/.
Further information can be obtained at: Isle of Wight Council, Enterprise House, St Cross Business Park, Monks Brook, Attn: Phil Hayward, UK-Newport PO30 5WB. Tel. +44 1983821000. E-mail: phil.hayward@iow.gov.uk.
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: Isle of Wight Council, Enterprise House, St Cross Business Park, Monks Brook, Attn: Phil Hayward, UK-Newport PO30 5WB. Tel. +44 1983821000. E-mail: phil.hayward@iow.gov.uk.
Tenders or requests to participate must be sent to: Isle of Wight Council, Enterprise House, St Cross Business Park, Monks Brook, Attn: Phil Hayward, UK-Newport PO30 5WB. Tel. +44 1983821000. E-mail: phil.hayward@iow.gov.uk.
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.
General public services.
The contracting authority is purchasing on behalf of other contracting authorities: no.
SECTION II: OBJECT OF THE CONTRACT
II.1)
DESCRIPTION
Isle of Wight Council Highway Term Maintenance Contract.
II.1.2)
Type of contract and location of works, place of delivery or of performance:
Works.
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities.
Main site or location of works: Isle of Wight.
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities.
Main site or location of works: Isle of Wight.
NUTS code: UKJ34 .
II.1.3)
The notice involves:
A public contract.
II.1.4)
Information on framework agreement:
II.1.5)
Short description of the contract or purchase(s):
The Isle of Wight Council Highway Term Maintenance Contract is for use at various sites throughout the Isle of Wight Highway and Rights of Way Networks, each of approximately 500 miles in extent, and will come into force in Autumn 2009.
To enable the Council to carry out its Network Management Duty under the Traffic Management Act 2004 and its duty to coordinate works in the highway successful contractors will be responsible for the proper noticing of works arising from the contract in accordance with the current Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters.
Fixed Penalty Notices for noticing errors will not be issued however the contract will contain performance measures that impose similar financial penalties for non compliance.
The duration of the contract is for three years, with up to a three year extension. Extensions to be granted for up to three twelve month terms.
To enable the Council to carry out its Network Management Duty under the Traffic Management Act 2004 and its duty to coordinate works in the highway successful contractors will be responsible for the proper noticing of works arising from the contract in accordance with the current Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters.
Fixed Penalty Notices for noticing errors will not be issued however the contract will contain performance measures that impose similar financial penalties for non compliance.
The duration of the contract is for three years, with up to a three year extension. Extensions to be granted for up to three twelve month terms.
II.1.6)
Common procurement vocabulary (CPV):
45233139, 45233210, 45233223, 45232450, 45232451, 45232452, 34922100, 45233220, 45233253, 44113810, 45262300, 34928300, 34928320, 77211300, 90620000, 45233100, 45233000, 45233200, 45233300, 45233290, 45233142, 45262310.
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 Isle of Wight Council Highway Term Maintenance Contract is for use at various sites throughout the Isle of Wight Highway and Rights of Way Networks, each of approximately 500 miles in extent, and will come into force in Autumn 2009.
To enable the Council to carry out its Network Management Duty under the Traffic Management Act 2004 and its duty to coordinate works in the highway successful contractors will be responsible for the proper noticing of works arising from the contract in accordance with the current Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters.
Fixed Penalty Notices for noticing errors will not be issued however the contract will contain performance measures that impose similar financial penalties for non compliance.
The duration of the contract is for three years, with up to a three year extension. Extensions to be granted for up to three twelve month terms.
Estimated value excluding VAT: 46 000 000 GBP.
To enable the Council to carry out its Network Management Duty under the Traffic Management Act 2004 and its duty to coordinate works in the highway successful contractors will be responsible for the proper noticing of works arising from the contract in accordance with the current Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters.
Fixed Penalty Notices for noticing errors will not be issued however the contract will contain performance measures that impose similar financial penalties for non compliance.
The duration of the contract is for three years, with up to a three year extension. Extensions to be granted for up to three twelve month terms.
Estimated value excluding VAT: 46 000 000 GBP.
II.2.2)
Options:
No.
II.3)
DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Duration in months: 72 (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:
A performance bond and/or parent company guarantee may be required. Please see tender documentation for further details.
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
Payment shall be made in accordance with the payment provisions in the contract.
III.1.3)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The Council reserves the right to require the bidders to take legal form, or to require one party to take primary liability or to require that each party takes joint and several liability. See tender documentation for further details.
III.1.4)
Other particular conditions to which the performance of the contract is subject:
No.
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: Applicants wishing to express an interest must complete a pre-qualification questionnaire (PQQ) within the timescale set out in IV.3.4, which is obtainable from the address in Annex A I-III. Information and formalities necessary for evaluating if requirements are met:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or 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 court or of an arrangement with creditors or of any similar proceedings under national laws and regulations;
(c) has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;
(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 with 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 with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.2 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) as been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1 on prevention of the use of the financial system for the purpose of money laundering.
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or 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 court or of an arrangement with creditors or of any similar proceedings under national laws and regulations;
(c) has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;
(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 with 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 with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.2 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) as been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1 on prevention of the use of the financial system for the purpose of money laundering.
III.2.2)
Economic and financial capacity:
Information and formalities necessary for evaluating if requirements are met: Applicants wishing to express an interest must complete a pre-qualification questionnaire (PQQ) within the timescales set out in IV.3.4, which is obtainable from the address in Annex A I-III.
Minimum level(s) of standards possibly required: Details in Tender Documents.
Minimum level(s) of standards possibly required: Details in Tender Documents.
III.2.3)
Technical capacity:
Information and formalities necessary for evaluating if requirements are met:
Applicants wishing to express an interest must complete a pre-qualification questionnaire (PQQ) within the timescales set out in IV.3.4, which is obtainable from the address in Annex A I-III.
Minimum level(s) of standards possibly required:
Details in Tender Documents.
Applicants wishing to express an interest must complete a pre-qualification questionnaire (PQQ) within the timescales set out in IV.3.4, which is obtainable from the address in Annex A I-III.
Minimum level(s) of standards possibly required:
Details in Tender Documents.
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:
III.3.2)
Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service:
SECTION IV: PROCEDURE
IV.1)
TYPE OF PROCEDURE
IV.1.1)
Type of procedure:
Accelerated restricted.
Justification for the choice of accelerated procedure: The exceptional nature of the current economic situation.
Justification for the choice of accelerated procedure: The exceptional nature of the current economic situation.
IV.1.2)
Limitations on the number of operators who will be invited to tender or to participate:
Envisaged number of operators 6.
IV.1.3)
Reduction of the number of operators during the negotiation or dialogue:
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:
ENV/0905/T02.
IV.3.2)
Previous publication(s) concerning the same contract:
Notice on a buyer profile
Notice number in OJ: 2009/S 052-074903 of 13.3.2009.
IV.3.3)
Conditions for obtaining specifications and additional documents or descriptive document:
IV.3.4)
Time-limit for receipt of tenders or requests to participate:
23.6.2009 - 14:00.
IV.3.5)
Date of dispatch of invitations to tender or to participate to selected candidates:
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:
IV.3.8)
Conditions for opening tenders:
SECTION VI: COMPLEMENTARY INFORMATION
VI.2)
CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
No.
VI.3)
ADDITIONAL INFORMATION:
Please note that the approximate contract value in II.2.1 and the stated contract duration in II.3 is taking into account the 3 year contract term plus the potential full extension period of up to a further three years (to be granted for up to three twelve month terms).
The Freedom of Information Act (FOI) 2000 which came into force on 1.1.2005 applies to the contracting authority. If any Tenderer considers that any information supplied by them is either commercially sensitive or confidential in nature, this should be highlighted and the reasons for its sensitivity specified. In such cases the relevant material will, in response to FOI requests, be examined in light of exemptions provided for in this act.
The Freedom of Information Act (FOI) 2000 which came into force on 1.1.2005 applies to the contracting authority. If any Tenderer considers that any information supplied by them is either commercially sensitive or confidential in nature, this should be highlighted and the reasons for its sensitivity specified. In such cases the relevant material will, in response to FOI requests, be examined in light of exemptions provided for in this act.
VI.4)
PROCEDURES FOR APPEAL
VI.4.1)
Body responsible for appeal procedures:
The High Court, Royal Courts of Justice, The Strand, UK-London WC2A 2LL.
VI.4.2)
Lodging of appeals:
Precise information on deadline(s) for lodging appeals: Proceedings may not be brought unless the economic operator bringing the proceedings has informed the contracting authority of the breach or anticipated breach of the duty owed to it by the contracting authority and of its intention to bring proceedings, and unless those proceedings are brought promptly and in any event within 3 months of the date when grounds for the bringing of proceedings first arose, unless the Court considers that there is good reason for extending the period within which proceedings can be brought.
Precise information on deadline(s) for lodging appeals: The award of a contract 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 contract is entered into. Applicants have two work days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of three working days before the expiry of the standstill period. Such additional information should be required from contact point at I.1. If an appeal regarding the award of a contract has not been successfully resolved the United Kingdom's Public Contracts Regulations 2006 (SI 2006 NO5) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of 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 had not been entered into the Court may only award damages. (The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside the award decision before the contract is entered into).
Precise information on deadline(s) for lodging appeals: The award of a contract 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 contract is entered into. Applicants have two work days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of three working days before the expiry of the standstill period. Such additional information should be required from contact point at I.1. If an appeal regarding the award of a contract has not been successfully resolved the United Kingdom's Public Contracts Regulations 2006 (SI 2006 NO5) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of 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 had not been entered into the Court may only award damages. (The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside the award decision before the contract is entered into).
VI.4.3)
Service from which information about the lodging of appeals may be obtained:
VI.5)
DATE OF DISPATCH OF THIS NOTICE:
12.6.2009.
