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Documento 213891-2009-
Accedi al documento: http://ted.europa.eu/udl?uri=TED:NOTICE:213891-2009:TEXT:EN:HTML
01/08/2009
S146
European Communities – Works contracts – Accelerated restricted procedure
UK-Birmingham: surface work for highways
2009/S 146-213891
CONTRACT NOTICE
Works
SECTION I: CONTRACTING AUTHORITY
I.1)
NAME, ADDRESSES AND CONTACT POINT(S):
Highways Agency, 4 Broadway, Broad Street, Contact: Mr Peter Jones, UK-Birmingham B15 1BL. Tel. +44 1216788105. E-mail: WMOpsProcurement@highways.gsi.gov.uk. Fax +44 1216788299.
Internet address(es):
General address of the contracting authority: www.highways.gov.uk.
Further information can be obtained at: As in above-mentioned contact point(s).
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s).
Tenders or requests to participate must be sent to: As in above-mentioned contact point(s).
I.2)
TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Body governed by public law.
Other: Highways.
The contracting authority is purchasing on behalf of other contracting authorities: yes.
Other: Highways.
The contracting authority is purchasing on behalf of other contracting authorities: yes.
SECTION II: OBJECT OF THE CONTRACT
II.1)
DESCRIPTION
UK-Birmingham: highways agency midlands works framework 4.
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: Highways Agency Areas 7 and 9 plus adjacent areas. During the course of this framework contract, the Agency will make it accessible to other public bodies such as UK Central Government Departments, Executive Agencies and associated non-departmental public bodies, the Midlands Highways Alliance of Local Authorities and other Local Authorities.Works will be undertaken within the administrative boundaries of the existing Midlands Highway Alliance (MHA) members (on behalf of the local authorities concerned or any other publicly funded body working in conjunction with the MHA members) or other such bodies located within or adjacent to the geographical Midlands area that become members of the MHA during the currency of this contract.
For the sake of clarity, the existing local authority members are: Leicestershire County Council; Derby City Council; Derbyshire County Council; Leicester City Council; Lincolnshire County Council; Northamptonshire County Council; Nottingham City Council; Nottinghamshire County Council; Peterborough City Council; Rutland County Council; South Derbyshire District Council and Staffordshire County Council.
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities.
Main site or location of works: Highways Agency Areas 7 and 9 plus adjacent areas. During the course of this framework contract, the Agency will make it accessible to other public bodies such as UK Central Government Departments, Executive Agencies and associated non-departmental public bodies, the Midlands Highways Alliance of Local Authorities and other Local Authorities.Works will be undertaken within the administrative boundaries of the existing Midlands Highway Alliance (MHA) members (on behalf of the local authorities concerned or any other publicly funded body working in conjunction with the MHA members) or other such bodies located within or adjacent to the geographical Midlands area that become members of the MHA during the currency of this contract.
For the sake of clarity, the existing local authority members are: Leicestershire County Council; Derby City Council; Derbyshire County Council; Leicester City Council; Lincolnshire County Council; Northamptonshire County Council; Nottingham City Council; Nottinghamshire County Council; Peterborough City Council; Rutland County Council; South Derbyshire District Council and Staffordshire County Council.
II.1.3)
The notice involves:
A public contract.
II.1.4)
Information on framework agreement:
Framework agreement with several operators.
Maximum number of participants to the framework agreement envisaged: 4.
Duration of the framework agreement: Duration in year(s): 1.
Estimated total value of purchases for the entire duration of the framework agreement:
Estimated value excluding VAT: 250 000 000 GBP.
Maximum number of participants to the framework agreement envisaged: 4.
Duration of the framework agreement: Duration in year(s): 1.
Estimated total value of purchases for the entire duration of the framework agreement:
Estimated value excluding VAT: 250 000 000 GBP.
II.1.5)
Short description of the contract or purchase(s):
Structural work, surfacing and roadworks in HA MAC Areas 7 and 9. Highway maintenance work, surface work for highways. Contractors appointed under this contract should not be already appointed on the Agency's MAC contract in Area 7 or 9.
II.1.6)
Common procurement vocabulary (CPV):
45233210, 45233139.
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:
No.
II.2)
QUANTITY OR SCOPE OF THE CONTRACT
II.2.1)
Total quantity or scope:
1 year contract with option to extend by 1 further year.
II.2.2)
Options:
II.3)
DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Duration in months: 12 (from the award of the contract).
SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION
III.1)
CONDITIONS RELATING TO THE CONTRACT
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
Design and statutory process: monthly payments, Time Charges with financial incentives related to scheme budget. Construction phase: monthly payments for actual costs incurred with financial incentives related to a target cost.
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.
i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the contract. ii)For Single Legal Entities/Incorportated Joint Ventures submitting an acceptable offer, the consortium must provide a Corporate statement of intent to form itself into a single legal entity before any contract can be awarded.
The Contractor must state in its expression of interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the Contractor must also confirm the names of all the contracting entities with the Employer should they be selected to tender.
i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the contract. ii)For Single Legal Entities/Incorportated Joint Ventures submitting an acceptable offer, the consortium must provide a Corporate statement of intent to form itself into a single legal entity before any contract can be awarded.
The Contractor must state in its expression of interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the Contractor must also confirm the names of all the contracting entities with the Employer should they be selected to tender.
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: (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 other similar proceedings under national laws and regulations;
(c) has been convicted by a judgment 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 26.5.1972 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) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
(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 other similar proceedings under national laws and regulations;
(c) has been convicted by a judgment 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 26.5.1972 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) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 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: Contractors or incorporated Joint Ventures (Single Legal Entities) submitting an expression of interest should provide their Constructionline registration number. For Unincorporated Joint Ventures submitting an expression of interest each member of the group should provide their individual Constructionline number.
Constructionline is the UK Government's national pre-qualification register for construction contractors and consultants. If a Contractor is not registered with Constructionline please contact immediately the contact named in I.1.
Minimum level(s) of standards possibly required: The Constructionline Notation Value for this contract is 10 000 000 GBP. The Constructionline Categories of Work for this contract are Civil Engineering: sub category Civil Engineering or Civil Engineering and Infrastructures: sub-category Road Construction.
Constructionline is the UK Government's national pre-qualification register for construction contractors and consultants. If a Contractor is not registered with Constructionline please contact immediately the contact named in I.1.
Minimum level(s) of standards possibly required: The Constructionline Notation Value for this contract is 10 000 000 GBP. The Constructionline Categories of Work for this contract are Civil Engineering: sub category Civil Engineering or Civil Engineering and Infrastructures: sub-category Road Construction.
III.2.3)
Technical capacity:
Information and formalities necessary for evaluating if requirements are met:
Information required by the Highways Agency must be submitted on standard forms that are obtainable from the Procurement Officer named in I.1 of this notice. For the Contractor, a Highways Agency Annual Health & Safety Assessment Certificate. For any Contractor who has not undergone an assessment, answers to the following health and safety questions. These are required to enable the Highways Agency to fulfil its statutory duties under the Construction (Design and Management) Regulations 2007:
(i) How does your accident reporting procedure include for "near-misses"?
ii) If your company has provided Constructionline with any accident figures in the last 3 years, enclose examples of evidence of remedial action taken to prevent a similar accident and how lessons learnt were disseminated through the company.
iii) Provide evidence of how site health and safety procedures are communicated to staff and of any drills etc carried out. What training is provided to staff with specific responsibilities for fire safety?
iv) List hazards typically associated with the works as advertised in this Notice, with supporting risk assessments including how actions are implemented, how staff are informed of control measures etc. Provide worked examples for these hazards.
v) How are changes in your Health and Safety policy communicated to staff?
vi) How frequently does your company monitor health and safety in the workplace (as distinct from the site)?
vii) Please provide evidence of your formal health and safety policy review and auditing of policy.
viii) Please provide evidence of how staff consultation takes place, i.e. through Safety Representatives or similar.
ix) Does your company have a drugs and alcohol Policy? If so, provide a copy of the policy.
x) How does your company keep abreast of changes to health and safety legislation?
xi) How does your company manage the testing, maintenance, calibration etc. of plant and equipment? Completed forms and responses to all questions must be received by the Highways Agency, at the address in I.1, by the deadline at Section IV.3.4.
Information required by the Highways Agency must be submitted on standard forms that are obtainable from the Procurement Officer named in I.1 of this notice. For the Contractor, a Highways Agency Annual Health & Safety Assessment Certificate. For any Contractor who has not undergone an assessment, answers to the following health and safety questions. These are required to enable the Highways Agency to fulfil its statutory duties under the Construction (Design and Management) Regulations 2007:
(i) How does your accident reporting procedure include for "near-misses"?
ii) If your company has provided Constructionline with any accident figures in the last 3 years, enclose examples of evidence of remedial action taken to prevent a similar accident and how lessons learnt were disseminated through the company.
iii) Provide evidence of how site health and safety procedures are communicated to staff and of any drills etc carried out. What training is provided to staff with specific responsibilities for fire safety?
iv) List hazards typically associated with the works as advertised in this Notice, with supporting risk assessments including how actions are implemented, how staff are informed of control measures etc. Provide worked examples for these hazards.
v) How are changes in your Health and Safety policy communicated to staff?
vi) How frequently does your company monitor health and safety in the workplace (as distinct from the site)?
vii) Please provide evidence of your formal health and safety policy review and auditing of policy.
viii) Please provide evidence of how staff consultation takes place, i.e. through Safety Representatives or similar.
ix) Does your company have a drugs and alcohol Policy? If so, provide a copy of the policy.
x) How does your company keep abreast of changes to health and safety legislation?
xi) How does your company manage the testing, maintenance, calibration etc. of plant and equipment? Completed forms and responses to all questions must be received by the Highways Agency, at the address in I.1, by the deadline at Section IV.3.4.
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:
SECTION IV: PROCEDURE
IV.1)
TYPE OF PROCEDURE
IV.1.1)
Type of procedure:
Accelerated restricted.
Justification for the choice of accelerated procedure: Boosting the economy through rapid execution of the contract.
Justification for the choice of accelerated procedure: Boosting the economy through rapid execution of the contract.
IV.1.2)
Limitations on the number of operators who will be invited to tender or to participate:
Envisaged number of operators 4.
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:
No.
IV.3.3)
Conditions for obtaining specifications and additional documents or descriptive document:
Payable documents: no.
IV.3.4)
Time-limit for receipt of tenders or requests to participate:
10.8.2009 - 10:00.
IV.3.5)
Date of dispatch of invitations to tender or to participate to selected candidates:
17.8.2009.
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.2)
CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
No.
VI.3)
ADDITIONAL INFORMATION:
a) This procurement falls within the scope of the Inland Revenue's Construction Industry Scheme. b) The successful Contractor will be appointed to fulfil the duties of Principal Contractor and Planning Supervisor under the Construction (Design and Management) Regulations 2007. c) The tender list for this contract will be compiled from the highest scoring expressions of interest subject to an overview of market issues and other relevant circumstances d) The information required must be submitted on standard Highways Agency forms that are obtained from the Procurement Officer named in I.1 of this Notice. e) Expressions of interest to this Notice must be submitted from the Contractor's registered office address. For a Joint Venture expressing an interest to this Notice, expressions of interest must be submitted from each member of the group's registered office confirming the Joint Venture to which they belong for the purposes of this Notice. f) Contractors should note that the Highways Agency may choose to publish the names of Contractors on its tender list for this contract after invitation to tender letters have been dispatched. g) The required number of copies of expression of interest is 3 hard copies and 1 CD copy.
GO reference: GO 09072921/01.
GO reference: GO 09072921/01.
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 Highways Agency 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 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 Procurement Officer named in I.1. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to bring 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 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:
29.7.2009.
