This site is a part of
Document 231724-2009-
Access document: http://ted.europa.eu/udl?uri=TED:NOTICE:231724-2009:TEXT:EN:HTML
20/08/2009
S159
European Communities – Works contracts – Accelerated restricted procedure
UK-Eastleigh: hotel construction work
2009/S 159-231724
CONTRACT NOTICE
Works
SECTION I: CONTRACTING AUTHORITY
I.1)
NAME, ADDRESSES AND CONTACT POINT(S):
Eastleigh Borough Council, Civic Offices, Leigh Road, Contact: Richard Ward, Attn: Head of Legal and Democratic Services, UK-Eastleigh SO50 9YN. Tel. +44 2380688103. E-mail: rosebowltender@eastleigh.gov.uk. Fax +44 2380629277.
Internet address(es):
General address of the contracting authority: www.eastleigh.gov.uk.
Address of the buyer profile: www.eastleigh.gov.uk/hoteltender.
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:
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
Design, construction, operation and lease of a Hotel at the Rose Bowl Cricket Ground.
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: The Rose Bowl Cricket Ground, Botley Road, West End, Hampshire.
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities.
Main site or location of works: The Rose Bowl Cricket Ground, Botley Road, West End, Hampshire.
NUTS code: UKJ3 .
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 acquisition of the land with appropriate rights and easements for access, services, parking etc the design, construction, operation and lease of a Hotel to a standard likely to attract a four star or above rating that would meet with the requirements of the English Tourist Board.
II.1.6)
Common procurement vocabulary (CPV):
45212411 - IA01, 55000000.
II.1.7)
Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8)
Division into lots:
II.1.9)
Variants will be accepted:
No.
II.2)
QUANTITY OR SCOPE OF THE CONTRACT
II.2.1)
Total quantity or scope:
Total project value in the region of 30 000 000,00 GBP. Principal arrangements for the acquisition of the land with appropriate rights and easements for access, services, parking etc, the design, construction and operation of the new facilities.
II.2.2)
Options:
II.3)
DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Starting: 28.9.2009. Completion: 29.11.2010.
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 of 10 % of the contract sum and a 1,5 % retention bond during the rectification period and a parent company guarantee will be required.
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
As set out in the Tender Document available on the Contracting Authority's website.
III.1.3)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The Contracting Authority reserves the right to require that each party undertakes joint and several liability. In the case of a consortium (which may include sub-contractors) a lead contractor is required. There must be appropriate security for all contractural obligations.
III.1.4)
Other particular conditions to which the performance of the contract is subject:
Yes.
1. The Contracting Authority will expect that the tenant and operator of the hotel will have the legal obligation to make all payments due to the design and build contractor. The Contracting Authority will have a conditional obligation to assume liability on an invoice by invoice basis, such conditions to include a maximum sum and long stop date (which will apply in all circumstances) not being exceeded and there being no default or breach of warranty under the tender documents.
2. The design and build contract will include an obligation on the contractor to pay delay liquidated damages at least equal to 12 months rent due under the lease of the Hotel.
3. The Contracting Authority will require tenderers to provide it with a binding costs indemnity covering all external costs of the Contracting Authority incurred and to be incurred from the publication of this notice in relation to its due diligence process, statutory powers, contract award and approval processes, drafting negotiation and completion of all necessary documentation, including (without limitation) the professional fees and expenses of legal, technical, insurance, treasury, management and financial advisers. The Contracting Authority will be willing to capitalise these costs as part of lease rentals if the hotel development reaches financial close. If this does not happen by 28th September 2009 the successful tenderer will be obliged to reimburse these costs to the Contracting Authority.
4. As set out in the Tender Document available on the Council's website.
1. The Contracting Authority will expect that the tenant and operator of the hotel will have the legal obligation to make all payments due to the design and build contractor. The Contracting Authority will have a conditional obligation to assume liability on an invoice by invoice basis, such conditions to include a maximum sum and long stop date (which will apply in all circumstances) not being exceeded and there being no default or breach of warranty under the tender documents.
2. The design and build contract will include an obligation on the contractor to pay delay liquidated damages at least equal to 12 months rent due under the lease of the Hotel.
3. The Contracting Authority will require tenderers to provide it with a binding costs indemnity covering all external costs of the Contracting Authority incurred and to be incurred from the publication of this notice in relation to its due diligence process, statutory powers, contract award and approval processes, drafting negotiation and completion of all necessary documentation, including (without limitation) the professional fees and expenses of legal, technical, insurance, treasury, management and financial advisers. The Contracting Authority will be willing to capitalise these costs as part of lease rentals if the hotel development reaches financial close. If this does not happen by 28th September 2009 the successful tenderer will be obliged to reimburse these costs to the Contracting Authority.
4. As set out in the Tender Document available on the Council's website.
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: Interested parties will be required to complete a pre-qualification questionnaire. The PQQ will be available on the Council's website and must be returned electronically.
III.2.2)
Economic and financial capacity:
Information and formalities necessary for evaluating if requirements are met: As specified in the pre-qualification questionnaire.
III.2.3)
Technical capacity:
Information and formalities necessary for evaluating if requirements are met:
As specified in the pre-qualification questionnaire.
As specified in the pre-qualification questionnaire.
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 England and Wales Cricket Board require the Press and Media facilities which form an integral part of the Hotel to be finished so that the facilities can be tested in the season prior to the first test match in 2011 in order to ensure that the facilities are fully functioning and operate to the level required by the England and Wales Cricket Board.
Justification for the choice of accelerated procedure: The England and Wales Cricket Board require the Press and Media facilities which form an integral part of the Hotel to be finished so that the facilities can be tested in the season prior to the first test match in 2011 in order to ensure that the facilities are fully functioning and operate to the level required by the England and Wales Cricket Board.
IV.1.2)
Limitations on the number of operators who will be invited to tender or to participate:
Envisaged minimum number: 5.
Objective criteria for choosing the limited number of candidates: As detailed in the pre-qualification questionnaire.
Objective criteria for choosing the limited number of candidates: As detailed in the pre-qualification questionnaire.
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:
9/17/186.
IV.3.2)
Previous publication(s) concerning the same contract:
No.
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:
1.9.2009 - 12:00.
IV.3.5)
Date of dispatch of invitations to tender or to participate to selected candidates:
3.9.2009.
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:
Tenders and all supporting documentation must be priced in pounds sterling. Any resulting contract will be considered a contract made in England according to English law. The Contracting Authority is not and shall not be liable for any costs incurred by those expressing an interest in or tendering for this contract award. Compliance with all relevant legislation is required both in the contract award procedure and during the term of any resultant contract. The information contained in this notice, including the list of CPV codes, is neither exhaustive nor binding, and may be amended at the time of issue of any further notice or notices or at any other time at the discretion of the Contracting Authority. The Contracting Authority reserves the right not to award a contract, to make whatever changes it sees fit to the structure and timing of the procurement process and to cancel the process in its entirety at any stage. The Contracting Authority reserves the right to require any candidate to clarify in writing any information provided in its submission and/or provide additional information (and failure to respond adequately may result in the candidate being disqualified. The Contracting Authority reserves the right to disqualify immediately any candidate who submits misleading or incomplete information.
Whilst the Contracting Authority has indicated in Section VI.3.5 that 3.9.2009 is the date of the despatch of the Invitations to Tender, this is only an estimate and the Contracting Authority shall not be bound by this date.
Whilst the Contracting Authority has indicated in Section VI.3.5 that 3.9.2009 is the date of the despatch of the Invitations to Tender, this is only an estimate and the Contracting Authority shall not be bound by this date.
VI.4)
PROCEDURES FOR APPEAL
VI.4.1)
Body responsible for appeal procedures:
VI.4.2)
Lodging of appeals:
VI.4.3)
Service from which information about the lodging of appeals may be obtained:
VI.5)
DATE OF DISPATCH OF THIS NOTICE:
18.8.2009.
