This site is a part of
Document 68170-2009-
Access document: http://ted.europa.eu/udl?uri=TED:NOTICE:68170-2009:TEXT:EN:HTML
10/03/2009
S47
European Communities – Works contracts – Restricted procedure
UK-Bedford: construction work for highways, roads
2009/S 47-068170
CONTRACT NOTICE
Works
SECTION I: CONTRACTING AUTHORITY
I.1)
NAME, ADDRESSES AND CONTACT POINT(S):
Highways Agency, Woodlands Manton Lane Industrial Estate, Attn: Andrew Battams, UK-Bedford MK41 7LW. Tel. +44 1234796616. E-mail: andrew.battams@highways.gsi.gov.uk. Fax +44 1234796017.
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:
National or federal agency/office.
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
UK-Bedford: a556 Knutsford to Bowdon Environmental Improvement.
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: A556 Knutsford to Bowdon Environmental Improvement. The improvement of the A556 between M6 Junction 19 roundabout near Knutsford and M56 Junction 7 near Bowdon View roundabout (including the improvement of the Junction itself and creation of a new roundabout below the free flow links A556 - M56 East).
Design and execution.
Main site or location of works: A556 Knutsford to Bowdon Environmental Improvement. The improvement of the A556 between M6 Junction 19 roundabout near Knutsford and M56 Junction 7 near Bowdon View roundabout (including the improvement of the Junction itself and creation of a new roundabout below the free flow links A556 - M56 East).
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 scheme is likely to consist of the following aspects:
Pavements.
Approximately 5 km of new dual carriageway (dual 2 all purpose).
Approximately 2 km of widened carriageway.
Approximately 1 km of carriageway removed.
Approximately 5 km of existing road detrunked.
Structures.
Chapel Lane Overbridge - approx 40m long, 15m wide.
Bucklow Hill Lane overbridge - approx 55m long, 15m wide.
A50 Warrington Road overbridge - approx 66m long, 25m wide.
Belt Wood culvert - approx 85m long.
Kennel Wood culvert - approx 30m long.
Burleyhurst Lane overbridge - approx 55m long, 15m wide.
M56 Junction 7 improvement: 2 underbridges of 27m span, 34m width to support the new A556 free flow links over the new roundabout; a 23m span, 17m width and a 23m span, 40m width accommodation works bridges under the new A556 free flow link roads for access to Yarwood Health Farm.
Construction work for highways, roads.
Pavements.
Approximately 5 km of new dual carriageway (dual 2 all purpose).
Approximately 2 km of widened carriageway.
Approximately 1 km of carriageway removed.
Approximately 5 km of existing road detrunked.
Structures.
Chapel Lane Overbridge - approx 40m long, 15m wide.
Bucklow Hill Lane overbridge - approx 55m long, 15m wide.
A50 Warrington Road overbridge - approx 66m long, 25m wide.
Belt Wood culvert - approx 85m long.
Kennel Wood culvert - approx 30m long.
Burleyhurst Lane overbridge - approx 55m long, 15m wide.
M56 Junction 7 improvement: 2 underbridges of 27m span, 34m width to support the new A556 free flow links over the new roundabout; a 23m span, 17m width and a 23m span, 40m width accommodation works bridges under the new A556 free flow link roads for access to Yarwood Health Farm.
Construction work for highways, roads.
II.1.6)
Common procurement vocabulary (CPV):
45233100.
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 142 000 000 and 207 000 000 GBP.
Range: between 142 000 000 and 207 000 000 GBP.
II.2.2)
Options:
II.3)
DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Duration in months: 79 (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:
Contractors invited to tender will be advised of these in the tender documents.
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
Design and Statutory processes in phase 1: monthly payments based on Time Charges. Construction phase (phase 2): monthly payments for actual costs incurred with financial incentives relating to planned and outturn costs. There will also be financial incentives related to overall scheme costs.
III.1.3)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
(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/Incorporated 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.
(ii) For Single Legal Entities/Incorporated 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.
Certificate of enrolment on the professional or trade register under the conditions laid down by the laws of the Member State in which the economic operator is established, for instance on the Register of Companies in the United Kingdom and Ireland or declaration on oath or solemn declaration.
(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.
Certificate of enrolment on the professional or trade register under the conditions laid down by the laws of the Member State in which the economic operator is established, for instance on the Register of Companies in the United Kingdom and Ireland or declaration on oath or solemn declaration.
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 registration 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 Procurement Officer named in I.1.
Minimum level(s) of standards possibly required: The Constructionline Notation Value for this contract is GBP 80000000. The Constructionline Categories of Work for this contract are Civil Engineering Construction: 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 Procurement Officer named in I.1.
Minimum level(s) of standards possibly required: The Constructionline Notation Value for this contract is GBP 80000000. The Constructionline Categories of Work for this contract are Civil Engineering Construction: 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: Means of proof required - Contractors must provide (along with their expression of interest to this Notice) the following:
a) a list of the applicant companies that will contract directly with the HA whether in their own rights or as part of a Joint Venture or other formal partnership to provide the technical capacity necessary to deliver the work under the contract and a statement of the technical services provided by any such companies;
(b) for the Contractor and any applicant companies identified under Section III.2.3(a) they will be required to demonstrate technical capacity and past experience carried out over the past five years against the following criteria:
Early Contractor Involvement (ECI):
Did your role in the contract require you to:
1) Fulfil the role of principle contractor under CDM Regulations?
2) Fulfil the role of Designer?
3) Operate as an integrated team e.g. client, extended supply chain, other service providers?
4) Liaise with and manage expectations of stakeholders and third parties including the general public?
5) Operate a robust quality management, budget management and cost capture system?
6) Deal promptly and accurately with customer correspondence, enquiries and feedback?
7) Operate a robust programme management and time forecasting processes?
8) Develop and comply with an environmental statement?
9) Produce of a Target Cost submission?
10) Prepare Draft Orders and manage the project through a Public Inquiry?
11) Conduct geo-technical works and surveys?
12) Produce an economic assessment report?
13) Produce a traffic forecasting report?
14) Work to a construction quality plan?
15) Conduct significant Traffic Management?
More details can be found in document 4 "Technical Ability Guidance" in the Pre-Qualification Pack - see VI.3 Additional Information.
(c) for the Contractor and applicant companies identified under section III.2.3 (a) a Highways Agency Annual Health & Safety Assessment Certificate 2007/2008. Any Contractor or applicant company who has not undergone a Highways Agency Annual Health & Safety Assessment must immediately notify the procurement officer named in section I.1 of this notice.
a) a list of the applicant companies that will contract directly with the HA whether in their own rights or as part of a Joint Venture or other formal partnership to provide the technical capacity necessary to deliver the work under the contract and a statement of the technical services provided by any such companies;
(b) for the Contractor and any applicant companies identified under Section III.2.3(a) they will be required to demonstrate technical capacity and past experience carried out over the past five years against the following criteria:
Early Contractor Involvement (ECI):
Did your role in the contract require you to:
1) Fulfil the role of principle contractor under CDM Regulations?
2) Fulfil the role of Designer?
3) Operate as an integrated team e.g. client, extended supply chain, other service providers?
4) Liaise with and manage expectations of stakeholders and third parties including the general public?
5) Operate a robust quality management, budget management and cost capture system?
6) Deal promptly and accurately with customer correspondence, enquiries and feedback?
7) Operate a robust programme management and time forecasting processes?
8) Develop and comply with an environmental statement?
9) Produce of a Target Cost submission?
10) Prepare Draft Orders and manage the project through a Public Inquiry?
11) Conduct geo-technical works and surveys?
12) Produce an economic assessment report?
13) Produce a traffic forecasting report?
14) Work to a construction quality plan?
15) Conduct significant Traffic Management?
More details can be found in document 4 "Technical Ability Guidance" in the Pre-Qualification Pack - see VI.3 Additional Information.
(c) for the Contractor and applicant companies identified under section III.2.3 (a) a Highways Agency Annual Health & Safety Assessment Certificate 2007/2008. Any Contractor or applicant company who has not undergone a Highways Agency Annual Health & Safety Assessment must immediately notify the procurement officer named in section I.1 of this notice.
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.1.2)
Limitations on the number of operators who will be invited to tender or to participate:
Envisaged minimum number: 1. Maximum number: 5
Objective criteria for choosing the limited number of candidates: See VI.3 Additional Information.
Objective criteria for choosing the limited number of candidates: See VI.3 Additional Information.
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 below:
Quality. Weighting: to be specified in the invitation to tender.
Price. Weighting: to be specified in the invitation to tender.
Interview. Weighting: to be specified in the invitation to tender.
Quality. Weighting: to be specified in the invitation to tender.
Price. Weighting: to be specified in the invitation to tender.
Interview. Weighting: to be specified in the invitation to tender.
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:
HA 013/001/000827.
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:
14.4.2009 - 12:00.
IV.3.5)
Date of dispatch of invitations to tender or to participate to selected candidates:
22.5.2009.
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:
Date: 24.7.2009 - 12:00.
Place: As in I.1 (The dates in IV.3.5 & IV.3.8.1 are approximate and subject to statutory processes & procedures).
Place: As in I.1 (The dates in IV.3.5 & IV.3.8.1 are approximate and subject to statutory processes & procedures).
SECTION VI: COMPLEMENTARY INFORMATION
VI.2)
CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
No.
VI.3)
ADDITIONAL INFORMATION:
a) Suppliers interested in submitting an expression of interest for this proposed contract should request a copy of the Pre-Qualification Pack (PQP) from the Procurement Officer mentioned in I.1 above. Completed forms and responses must be received by the Highways Agency, at the address in I.1, by the deadline at Section IV.3.4. The required number of copies of expression of interest is 4 (one original & three copies) plus 1 electronic copy.
Expressions of interest must be submitted from the Contractor's registered office address. Each member of a Joint Venture (JV) must submit a letter from their own registered office confirming all company names in the proposed JV.
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;
b) This procurement falls within the scope of HM Revenue and Customs' Construction Industry Scheme.
The successful Contractor will be appointed to fulfil the duties of Principal Contractor and CDM Co-ordinator under the Construction (Design and Management) Regulations 2007;
c) Following pre-qualification, Vendor Ratings will be calculated using the validated Highways Agency's supplier Capability Assessment Toolkit (CAT), Past Performance Data (PPD) and Added Value scores, at a ratio of 60:35:5 (60 % CAT 35 % PPD and 5 % Added Value), for those companies listed under III.2.3(a) of this Notice that the Highways Agency deems to have a significant impact on the delivery of the work under the contract as an applicant company. While all parts of the Pre-Qualification Pack must be completed and returned it will only be assessed if it is necessary to produce a short-list from the number of applications received. The tender list for this contract will be compiled from the highest Vendor Rated expressions of interest subject to an overview of market issues and other relevant circumstances. Contractors must immediately notify the Procurement Officer named in Section I.1 of this Notice if they or any of the key companies listed in III.2.3(a) have not got a validated CAT score.Past Performance Data submissions are required in the format of details of two reference contracts (that is 2 reference contracts for each of the applicant companies) carried out over the past eight years that are of a similar type, value & complexity to that described in Section II of this Notice. In this paragraph "relevant" is to be interpreted as similar highways contracts or other non-highway infrastructure contracts in which there is a significant commonality of management and construction disciplines. Relevance will be assessed using the criteria listed on the Past Performance Data Relevance Data Sheet (Section A) on document 6.2 of the Pre-Qualification Pack.d) The tenderer with the most economically advantageous tender will be required to sign the Highways Agency Fair Payment Charter as a condition of acceptance of their tender.
Duration of Contract or Time Period for Completion (section II.3) is approx 15 months from award of contract to Draft Order Publication. Approx 10 months from Draft Order Publication to Public Inquiry. Approx 14 months from the start of the Public Inquiry to the Notice to Proceed to Construction. Approx 40 months to complete the works including environmental and landscaping works. There will be an Aftercare period of 5 years after the scheme is open to traffic. The contract period is approximate and subject to statutory processes and procedures.
GO reference: GO 09030627/01.
Expressions of interest must be submitted from the Contractor's registered office address. Each member of a Joint Venture (JV) must submit a letter from their own registered office confirming all company names in the proposed JV.
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;
b) This procurement falls within the scope of HM Revenue and Customs' Construction Industry Scheme.
The successful Contractor will be appointed to fulfil the duties of Principal Contractor and CDM Co-ordinator under the Construction (Design and Management) Regulations 2007;
c) Following pre-qualification, Vendor Ratings will be calculated using the validated Highways Agency's supplier Capability Assessment Toolkit (CAT), Past Performance Data (PPD) and Added Value scores, at a ratio of 60:35:5 (60 % CAT 35 % PPD and 5 % Added Value), for those companies listed under III.2.3(a) of this Notice that the Highways Agency deems to have a significant impact on the delivery of the work under the contract as an applicant company. While all parts of the Pre-Qualification Pack must be completed and returned it will only be assessed if it is necessary to produce a short-list from the number of applications received. The tender list for this contract will be compiled from the highest Vendor Rated expressions of interest subject to an overview of market issues and other relevant circumstances. Contractors must immediately notify the Procurement Officer named in Section I.1 of this Notice if they or any of the key companies listed in III.2.3(a) have not got a validated CAT score.Past Performance Data submissions are required in the format of details of two reference contracts (that is 2 reference contracts for each of the applicant companies) carried out over the past eight years that are of a similar type, value & complexity to that described in Section II of this Notice. In this paragraph "relevant" is to be interpreted as similar highways contracts or other non-highway infrastructure contracts in which there is a significant commonality of management and construction disciplines. Relevance will be assessed using the criteria listed on the Past Performance Data Relevance Data Sheet (Section A) on document 6.2 of the Pre-Qualification Pack.d) The tenderer with the most economically advantageous tender will be required to sign the Highways Agency Fair Payment Charter as a condition of acceptance of their tender.
Duration of Contract or Time Period for Completion (section II.3) is approx 15 months from award of contract to Draft Order Publication. Approx 10 months from Draft Order Publication to Public Inquiry. Approx 14 months from the start of the Public Inquiry to the Notice to Proceed to Construction. Approx 40 months to complete the works including environmental and landscaping works. There will be an Aftercare period of 5 years after the scheme is open to traffic. The contract period is approximate and subject to statutory processes and procedures.
GO reference: GO 09030627/01.
VI.4)
PROCEDURES FOR APPEAL
VI.4.1)
Body responsible for appeal procedures:
See details at VI.4.2.
VI.4.2)
Lodging of appeals:
Precise information on deadline(s) for lodging appeals: The Highways Agency will incorporate a minimum 15 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.
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:
6.3.2009.
