This site is a part of
Document 179346-2009-
Access document: http://ted.europa.eu/udl?uri=TED:NOTICE:179346-2009:TEXT:EN:HTML
01/07/2009
S123
European Communities – Works contracts – Competitive dialogues
UK-Glasgow: bridge
2009/S 123-179346
CONTRACT NOTICE
Works
SECTION I: CONTRACTING AUTHORITY
I.1)
NAME, ADDRESSES AND CONTACT POINT(S):
The Scottish Ministers, Transport Scotland, Buchanan House, 58 Port Dundas Road, Contact: Forth Replacement Crossing Team, Attn: Jamie Kennedy, UK-Glasgow G4 0HF. Tel. +44 1412727916. E-mail: frc.prequalification@transportscotland.gsi.gov.uk. Fax +44 1412727272.
Internet address(es):
General address of the contracting authority: http://www.transportscotland.gov.uk.
Address of the buyer profile: http://publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00099.
Further information can be obtained at: Transport Scotland, Buchanan House, 58 Port Dundas Road, Contact: Forth Replacement Crossing Team, Attn: Jamie Kennedy, UK-Glasgow G4 0HF. Tel. +44 1412727916. E-mail: frc.prequalification@transportscotland.gsi.gov.uk. Fax +44 1412727272. URL: http://www.transportscotland.gov.uk.
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: Transport Scotland, Buchanan House, 58 Port Dundas Road, Contact: Forth Replacement Crossing Team, Attn: Jamie Kennedy, UK-Glasgow G4 0HF. Tel. +44 1412727916. E-mail: frc.prequalification@transportscotland.gsi.gov.uk. Fax +44 1412727272. URL: http://www.transportscotland.gov.uk.
Tenders or requests to participate must be sent to: Transport Scotland, Buchanan House, 58 Port Dundas Road, Contact: Contracts Branch, Attn: Janis O'Neill, UK-Glasgow G4 0HF. Tel. +44 1412727278. E-mail: frc.prequalification@transportscotland.gsi.gov.uk. Fax +44 1412727272. URL: http://www.transportscotland.gov.uk.
I.2)
TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
National or federal agency/office.
Other: Transport.
Other: Transport.
SECTION II: OBJECT OF THE CONTRACT
II.1)
DESCRIPTION
Principal Contract for the Design, Construction and Completion of the Forth Replacement Crossing.
II.1.2)
Type of contract and location of works, place of delivery or of performance:
Works.
Design and execution.
Main site or location of works: Firth of Forth, Scotland.
Design and execution.
Main site or location of works: Firth of Forth, Scotland.
NUTS code: UKM2 .
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 scope of the Principal Contract will include the design, construction and completion (including defects rectification) of a new bridge over the Firth of Forth together with road connections to the north and south of the crossing, and the installation of an intelligent transport system ("ITS").
The scope shall include, but not be limited to:
— a dual 2 lane carriageway main crossing, complete with hard shoulders, spanning approximately 2.7 kilometres across the Firth of Forth, comprising a cable stayed bridge with three mono-towers, 2 main spans of approximately 650 metres each and approach viaducts,
— trunk road connections north and south of the Firth of Forth comprising approximately 2.5 kilometres of new dual 2 lane carriageway with hard shoulders and approximately 3 kilometres of new or improved dual 3 lane carriageway with hard shoulders, including 2 new grade separated junctions and connecting roads,
— an intelligent transport system with variable speed limits across the whole scope of works, including communications infrastructure, electrical work, variable message signs, gantries and the like,
— and all other work associated with a trunk road scheme.
The successful economic operator will not be required to carry out any on-going cyclic maintenance and the like in respect of the works (other than landscape maintenance, replacement of road markings and defects rectification). Such on-going cyclic maintenance will be carried out by a third party to be appointed by Scottish Ministers.
The scope shall include, but not be limited to:
— a dual 2 lane carriageway main crossing, complete with hard shoulders, spanning approximately 2.7 kilometres across the Firth of Forth, comprising a cable stayed bridge with three mono-towers, 2 main spans of approximately 650 metres each and approach viaducts,
— trunk road connections north and south of the Firth of Forth comprising approximately 2.5 kilometres of new dual 2 lane carriageway with hard shoulders and approximately 3 kilometres of new or improved dual 3 lane carriageway with hard shoulders, including 2 new grade separated junctions and connecting roads,
— an intelligent transport system with variable speed limits across the whole scope of works, including communications infrastructure, electrical work, variable message signs, gantries and the like,
— and all other work associated with a trunk road scheme.
The successful economic operator will not be required to carry out any on-going cyclic maintenance and the like in respect of the works (other than landscape maintenance, replacement of road markings and defects rectification). Such on-going cyclic maintenance will be carried out by a third party to be appointed by Scottish Ministers.
II.1.6)
Common procurement vocabulary (CPV):
44212100, 45221100, 45244000, 44212120, 45220000, 45111200, 45112500, 45111210, 45112400, 45233100, 45233110, 45233224, 45233125, 45233126, 45233139, 45221111, 45112730, 45316110, 45316213, 45316000, 45233294, 45231300, 45231113, 45231000, 45223320, 79600000, 45221250.
II.1.7)
Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8)
Division into lots:
No.
II.1.9)
Variants will be accepted:
Yes.
II.2)
QUANTITY OR SCOPE OF THE CONTRACT
II.2.1)
Total quantity or scope:
Estimated value excluding VAT:
Range: between 900 000 000 and 1 200 000 000 GBP.
Range: between 900 000 000 and 1 200 000 000 GBP.
II.2.2)
Options:
No.
II.3)
DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Duration in months: 66 (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:
To be set out within the Invitation to Participate in Dialogue ("ITPD") documents, Invitation to Submit Final Tender ("ISFT") documents and the contract which the successful Participant will enter into with the Scottish Ministers ("Principal Contract"). Economic operators will be required to accept any requirements to provide collateral warranties, parent company guarantees, bonds and retentions, or other form of security which are set out in the Principal Contract.
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
The Principal Contract is a fixed price lump sum contract with payments by instalments on interim valuations based on part completed milestones and subject to an annual cap. Details of payments and protocol for establishing milestones shall be provided with the ITPD documents, ISFT documents and the Principal Contract.
III.1.3)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
If the successful economic operator is a consortium, the Scottish Ministers shall require each consortium member to be jointly and severally liable pursuant to the Principal Contract. The Scottish Ministers may require the consortium to form a legal entity before entering into the Principal Contract.
III.1.4)
Other particular conditions to which the performance of the contract is subject:
Yes.
The successful economic operator shall be required to support the Scottish Ministers economic and social regeneration objectives. Accordingly, the Successful Partcipant shall be required to comply with social and environmental conditions which will be included in the Principal Contract. For example, the successful economic operator shall be required to secure the creation of a specific number of training opportunities in connection with the Principal Contract. In addition, the successful economic operator shall be required to secure a specified percentage of employment opportunities for unemployed persons in connection with the Principal Contract.
The successful economic operator shall be required to support the Scottish Ministers economic and social regeneration objectives. Accordingly, the Successful Partcipant shall be required to comply with social and environmental conditions which will be included in the Principal Contract. For example, the successful economic operator shall be required to secure the creation of a specific number of training opportunities in connection with the Principal Contract. In addition, the successful economic operator shall be required to secure a specified percentage of employment opportunities for unemployed persons in connection with the Principal Contract.
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: Economic operators will be evaluated in accordance with Part 4 of the Public Contracts (Scotland) Regulations 2006, as amended, (implementing Title II, Chapter VII Section 2 of Directive 2004/18/EC), on the basis of information provided in response to a prequalification questionnaire ("PQQ"), copies of which are available on request from the Scottish Ministers (see VI.1).
III.2.2)
Economic and financial capacity:
Information and formalities necessary for evaluating if requirements are met: As III.2.1.
Minimum level(s) of standards possibly required: Economic operators shall be required to satisfy minimum standards of economic and financial standing. These are described in detail in the PQQ. The financial information received as part of each PQQ Submission shall be evaluated and scored out of 10 against four weighted categories: financial structure; operating performance; investment; and, financial position. Each category has a weighting of 25. A PQQ Submission shall be marked as a Fail and shall not be considered further if the weighted score is less than fifty percent (50 %) in respect of any of the 4 evaluation categories.
Minimum level(s) of standards possibly required: Economic operators shall be required to satisfy minimum standards of economic and financial standing. These are described in detail in the PQQ. The financial information received as part of each PQQ Submission shall be evaluated and scored out of 10 against four weighted categories: financial structure; operating performance; investment; and, financial position. Each category has a weighting of 25. A PQQ Submission shall be marked as a Fail and shall not be considered further if the weighted score is less than fifty percent (50 %) in respect of any of the 4 evaluation categories.
III.2.3)
Technical capacity:
Information and formalities necessary for evaluating if requirements are met:
As III.2.1.
Minimum level(s) of standards possibly required:
Economic operators shall be required to satisfy minimum standards of technical capacity or professional ability. These are described in detail in the PQQ and can be summarised as:
(a) demonstration of experience of working on specified types of projects over a specified value (the requirements are set out in full in the PQQ);
(b) demonstration of use of quality, environmental and health and safety management systems (the requirements are set out in full in the PQQ);
(c) demonstration of competence of working in accordance with the Construction (Design and Management) Regulations 2007 together with the provision of written undertakings required pursuant to the PQQ and
(d) in respect of the questions on demonstration of relevant experience in Section 4.4 of the PQQ, economic operators are required to score 50 per cent or more of the available maximum weighted evaluation score for each question (excluding question 4.5.7 – carbon and energy management which shall not have a minimum threshold).
As III.2.1.
Minimum level(s) of standards possibly required:
Economic operators shall be required to satisfy minimum standards of technical capacity or professional ability. These are described in detail in the PQQ and can be summarised as:
(a) demonstration of experience of working on specified types of projects over a specified value (the requirements are set out in full in the PQQ);
(b) demonstration of use of quality, environmental and health and safety management systems (the requirements are set out in full in the PQQ);
(c) demonstration of competence of working in accordance with the Construction (Design and Management) Regulations 2007 together with the provision of written undertakings required pursuant to the PQQ and
(d) in respect of the questions on demonstration of relevant experience in Section 4.4 of the PQQ, economic operators are required to score 50 per cent or more of the available maximum weighted evaluation score for each question (excluding question 4.5.7 – carbon and energy management which shall not have a minimum threshold).
III.2.4)
Reserved contracts:
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.1.2)
Limitations on the number of operators who will be invited to tender or to participate:
Envisaged number of operators 3
Objective criteria for choosing the limited number of candidates: The Scottish Ministers intend to invite 3 economic operators to participate in the dialogue. These economic operators shall be those 3 economic operators who have:
(a) submitted a compliant PQQ Submission and
(b) gained a PASS in respect of the eligibility and minimum standards of technical or professional ability evaluation conducted pursuant to the Prequalification Prospectus and
(c) gained a PASS in respect of financial evaluation conducted pursuant the Prequalification Prospectus and
(d) scored 50 per cent or more of the available maximum weighted evaluation score for each question in section 4.4 of the PQQ (excluding question 4.5.7 – carbon and energy management which shall not have a minimum threshold) and
(e) achieved the first, second or third highest weighted scores in respect of technical or professional ability calculated in accordance with the Prequalification Prospectus.
Objective criteria for choosing the limited number of candidates: The Scottish Ministers intend to invite 3 economic operators to participate in the dialogue. These economic operators shall be those 3 economic operators who have:
(a) submitted a compliant PQQ Submission and
(b) gained a PASS in respect of the eligibility and minimum standards of technical or professional ability evaluation conducted pursuant to the Prequalification Prospectus and
(c) gained a PASS in respect of financial evaluation conducted pursuant the Prequalification Prospectus and
(d) scored 50 per cent or more of the available maximum weighted evaluation score for each question in section 4.4 of the PQQ (excluding question 4.5.7 – carbon and energy management which shall not have a minimum threshold) and
(e) achieved the first, second or third highest weighted scores in respect of technical or professional ability calculated in accordance with the Prequalification Prospectus.
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:
IV.3.2)
Previous publication(s) concerning the same contract:
Prior information notice
Notice number in OJ: 2009/S 690-099780 of 9.4.2009.
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: 3.8.2009.
IV.3.4)
Time-limit for receipt of tenders or requests to participate:
26.8.2009 - 12:00.
IV.3.5)
Date of dispatch of invitations to tender or to participate to selected candidates:
27.11.2009.
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:
IV.3.8)
Conditions for opening tenders:
SECTION VI: COMPLEMENTARY INFORMATION
VI.1)
THIS IS A RECURRENT PROCUREMENT:
VI.2)
CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
VI.3)
ADDITIONAL INFORMATION:
Transport Scotland will conduct the proposed procurement process for the Principal Contract on behalf of the Scottish Ministers. In the event of the contract award, the Principal Contract will be entered into between the Scottish Ministers and the Successful Participant.
It is the Scottish Ministers' intention to pay a proportion of "Participation Costs" in the circumstances and on the terms identified in the Prequalification Prospectus. There are three potential circumstances in which a proportion of "Participation Costs" could be paid by the Scottish Ministers to the economic operators involved in the competitive dialogue for the Principal Contract:
(a) if there is a failure of the statutory process and Royal Assent is not given in respect of the Bill;
(b) if valid final tenders are submitted or are in the course of preparation, and the competition is terminated by the Scottish Ministers without award of the Principal Contract and
(c) if the Principal Contract is awarded, a contribution towards the Participation Costs which have been expended by unsuccessful economic operator shall be paid by the Scottish Ministers.
The level of payment along with a more detailed description of potential circumstances shall be defined within the Prospectus.
Other than as specifically described above, Transport Scotland and the Scottish Ministers shall have no liability for any costs howsoever incurred by those participating in the pre-qualification and competitive dialogue procedures.
The Construction (Design and Management) Regulations 2007 enact EC Directive 29/57 EEC dated June 1992 in UK domestic legislation. It is intended that for this contract, the successful economic operator shall be appointed to fulfil the duties of the Principal Contractor under the Regulations. Therefore, participants shall satisfy the Scottish Ministers as to their competence and resources for health and safety and will be willing to accept appointment of “Principal Contractor” and the duties thereof in accordance with Regulation 16.
Under Section II.3 of this notice, the "Duration of the Contract" is the intended maximum duration for the completion of the works. In addition, there shall be a 5 year period for landscape maintenance and defects correction period.
Economic operators should be aware that all information submitted to the Scottish Ministers may need to be disclosed and/or published by the Scottish Ministers in compliance with the Freedom of Information (Scotland) Act 2002. The date and time referred to in paragraphs IV.3.5 of this notice is provisional.
(SC Ref:101784).
To receive the Prospectus and Prequalification Questionnaire expressions of interest require to be submitted by interested parties to FRC.prequalification@transportscotland.gsi.gov.uk by 12:00 BST on 3.8.2009. Prequalification submissions should be delivered to Transport Scotland (address identified in Annex A.III) by no later than 12:00 BST on 26.8.2009. The Scottish Ministers shall not evaluate any pre-qualification submissions received past the specified deadline, compliance with which is the sole responsibility of interested parties (including obtaining evidence of receipt by Transport Scotland on behalf of the Scottish Ministers).
Economic operators which alter their composition after making a pre-qualification submission will be the subject of re-evaluation. The Scottish Ministers reserve the right not award any contract as a result of the procurement process initiated by this notice and to make whatever changes the Scottish Ministers deem appropriate to the content, process, timing and structure of the procurement process.It is the Scottish Ministers' intention to pay a proportion of "Participation Costs" in the circumstances and on the terms identified in the Prequalification Prospectus. There are three potential circumstances in which a proportion of "Participation Costs" could be paid by the Scottish Ministers to the economic operators involved in the competitive dialogue for the Principal Contract:
(a) if there is a failure of the statutory process and Royal Assent is not given in respect of the Bill;
(b) if valid final tenders are submitted or are in the course of preparation, and the competition is terminated by the Scottish Ministers without award of the Principal Contract and
(c) if the Principal Contract is awarded, a contribution towards the Participation Costs which have been expended by unsuccessful economic operator shall be paid by the Scottish Ministers.
The level of payment along with a more detailed description of potential circumstances shall be defined within the Prospectus.
Other than as specifically described above, Transport Scotland and the Scottish Ministers shall have no liability for any costs howsoever incurred by those participating in the pre-qualification and competitive dialogue procedures.
The Construction (Design and Management) Regulations 2007 enact EC Directive 29/57 EEC dated June 1992 in UK domestic legislation. It is intended that for this contract, the successful economic operator shall be appointed to fulfil the duties of the Principal Contractor under the Regulations. Therefore, participants shall satisfy the Scottish Ministers as to their competence and resources for health and safety and will be willing to accept appointment of “Principal Contractor” and the duties thereof in accordance with Regulation 16.
Under Section II.3 of this notice, the "Duration of the Contract" is the intended maximum duration for the completion of the works. In addition, there shall be a 5 year period for landscape maintenance and defects correction period.
Economic operators should be aware that all information submitted to the Scottish Ministers may need to be disclosed and/or published by the Scottish Ministers in compliance with the Freedom of Information (Scotland) Act 2002. The date and time referred to in paragraphs IV.3.5 of this notice is provisional.
(SC Ref:101784).
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: Scottish Ministers will incorporate a minimum of 10 calendar days standstill period, at the point the information on the award of the contract is communicated to economic operators. This period will allow unsuccessful economic operators to seek further debriefing from the contracting authority before the contract is entered into. Economic operators have two working 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 requested from the party referred to in Paragraph I.1. If an appeal regarding the award of the contract has not been successfully resolved, the Public Contract (Scotland) Regulations 2006 (SSI 2006 No.1) provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rule to take action in the Sheriff Court or the Court of Session. Any such action shall be brought promptly.
Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the authority to amend any documents and may award damages.
Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the authority to amend any documents and may 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:
29.6.2009.
