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United Kingdom-Glasgow: Construction work for highways, roads
Section I: Contracting authority
Main address: http://www.transport.gov.scot
Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00099
Section II: Object
A77 Maybole Bypass.
Design, construction, completion and maintenance of new 5 km (approximately) single carriageway (S2) bypass to the north-west of Maybole with roundabouts at the tie-ins to the existing A77, 2 over-bridges, 1 under-bridge and an underpass.
Works include, but are not limited to bridges, structures, fencing, drainage, earthworks, road pavement, road signs and markings, road restraint systems, accommodation works, lighting, public utilities diversions, accommodation works, environmental mitigation and a 5 year maintenance period for landscaping and defect rectification following completion. The successful tenderer will not be required to carry out cyclic maintenance.
To register your interest in this notice and obtain additional information please visit the following website: www.publiccontractsscotland.gov.uk
Transport Scotland on behalf of the Scottish Ministers has identified the requirement to appoint a suitably experienced economic operator (a ‘Contractor’) to design and build the A77 Maybole Bypass in South Ayrshire, (the ‘Contract’). It is intended that the Contract will include the design and construction of the works. The construction will last approximately 20 months, followed by a 5 year period of maintenance for landscaping and defect rectification.
Transport Scotland will manage the proposed procurement process for the Maybole Bypass Contract on behalf of the Scottish Ministers. In the event of the contract award, the Contract will be entered into between the Scottish Ministers and the successful tenderer.
The Contract terms and conditions will be based upon Transport Scotland's bespoke design and build contract. Each selected economic operator shall be invited to submit a tender on the same contract terms.
The Contractor will be procured through a competitive tender procedure, in accordance with the competitive dialogue procedure as provided for in the Public Contracts (Scotland) Regulations 2015. Due to project complexity, the contract requires to be performed by a single contractor and as such shall not be divided into lots.
To be considered for this Contract economic operators are required to complete the European Single Procurement Document (ESPD) in accordance with this Contract Notice. Economic operators shall be evaluated in accordance with the Public Contracts (Scotland) Regulations 2015, on the basis of information they have provided within the ESPD.
The ESPD can be downloaded via the Public Contracts Scotland portal (www.publiccontractsscotland.gov.uk).
The scope of the works will include, but not be limited to:
Design and construction of single carriageway (S2) bypass including roundabouts at tie-ins with existing A77;
Design and construction of associated structures including over-bridges, under-bridges, underpass and culverts;
Design and construction of new side roads associated with the bypass;
Diversionary works for statutory undertakings;
Environmental and landscaping mitigation measures;
Construction of a Sustainable Drainage System (SuDS) including retention basins and swales;
Stopping up of existing direct accesses and alternative provision made with alternative new means of access;
Accommodation works; and
All other works associated with a trunk road improvement.
Project Bank Account
It is the intention that the project will operate a mandatory Project Bank Account (PBA), a project specific account ring fenced with effective Trust status, for payment of the Contractor and his supply chain. The account shall be opened by the Scottish Ministers with The Royal Bank of Scotland under the Banking Services Framework defined at:
http://www.gov.scot/Topics/Government/Procurement/directory/pscontractcentgovt/BankingServices and in addition it is intended that the PBA shall satisfy the minimum requirements for an effectively constituted Trust under Scots law. The use of a PBA by the Contractor shall be a contractual requirement. Any sub-contractors for which it is agreed shall not be paid through the PBA shall be entitled to payment according to the prompt payment provisions provided within the Contract.
It is intended that 4 economic operators be taken forward to competitive dialogue stage. These economic operators shall be those who have:
(i) submitted a compliant submission, comprising the completed ESPD;
(ii) satisfied the relevant selection criteria under the exclusion grounds;
(iii) met the following criteria:
(a) Minimum Standards of Eligibility — provided evidence of working on specified types of projects over a specified value; and
(b) Technical or Professional Ability — provided evidence demonstrating an acceptable level of technical or professional ability.
(iv) in place quality, environmental and health and safety management systems;
(v) in place appropriate sustainability measures which attribute significantly to the requirement;
(vi) satisfied minimum standards of economic and financial standing;
(vii) appropriate experience in acting as the ‘Principal Contractor’ and ‘Principal Designer’ under the Construction (Design and Management) Regulations 2015 or European equivalent;
(viii) achieved the first, second, third or fourth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to Statements (d), (e), (f) and (g) (refer to Section III.1.3).
However, if an economic operator has not submitted a compliant submission as described in (i) above, failed in respect of either (ii), (iii), (iv), (v), (vi) or (vii) above, then that economic operator shall be excluded from the ranking of scores described in (viii) as above.
Economic operators may be excluded from this competition if they are in any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.
Section III: Legal, economic, financial and technical information
Economic operators must be enrolled in the relevant professional or trade registers kept in the Member state of its establishment (as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015) (e.g. registered under Companies House). Economic operators should provide details under Question Ref. 4A.1.
Professional or Trade Registers
Economic operators must be enrolled in the relevant professional or trade registers kept in the Member state of its establishment (as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015) (i.e. registered under Companies House). Economic operators must provide details, including the relevant registration number(s), under Question Ref. 4A.1.
Furthermore, economic operators or their appropriate subcontractors must be accredited under the relevant National Highway Sector Schemes (NHSS).
Additionally, construction site staff shall require to be accredited under the Construction Skills Construction Safety Scheme (CSCS) or equivalent.
Economic operators must provide confirmation of the above required accreditations under Question Ref.4C.6 and 4C.6.1 respectively, in accordance with the requirements of this Contract Notice.
Subject to the other provisions of the Contract, the standards and specifications which the Contractor shall comply will include:
Standards and Specification
— UK Department for Transport Standards for Highways, specifically:
i) Design Manual for Roads and Bridges (DMRB);
ii) Manual of Contract Documents for Highway Works (MCHW):
— Transport Scotland Interim Amendments (TSIA),
— BS EN and BS EN ISO standards relating to construction of road schemes including earthworks,
— BS Codes of Practice relating to construction of road schemes including earthworks.
It is the intention that the completed scheme shall be BIM Level 2 compliant at the handover of the built asset. The handover of the built asset shall include the Level 2 BIM output along with the requisite ‘as constructed’ information, the Health and Safety File and the Operation and Maintenance manuals.
BIM level 2 requirements at the handover of the built asset will be provided upon commencement of the competitive dialogue process.
Qualifications and Experience
It is a requirement of the Contract that staff employed under the Contract shall have minimum levels of experience, education and professional qualifications. In particular, the Designer and the Designer's Site Representative shall have staff who are Chartered professionals (or equivalent) who will perform the Design in accordance with the appropriate standards and specification and, coupled with the relevant experience of site supervision as a Designer's Site Representative, supervise the design, construction, completion and maintenance process.
Construction (Design and Management) Regulations 2015 (CDM 2015)
It is intended that, the successful tenderer shall fulfil the duties of Principal Contractor and Principal Designer under CDM 2015. Therefore, economic operators shall be required to satisfy the Scottish Ministers as to their competence, resources and willingness to be appointed as Principal Contractor and Principal Designer and fulfil those duties in accordance with CDM 2015 (refer to III.1.3).
Economic operators shall be required to satisfy minimum standards of economic and financial standing. To determine these standards, economic operators shall:
(a) in response to ESPD, Question Ref. 4B.1 provide the specified annual turnover for the last two years of trading, or for the period which is available if trading for less than 2 years;
(b) in response to ESPD, Question Ref. 4B.4 provide the name, value and/or range of NINE financial criteria for the last 2 years of trading, or for the period which is available if trading for less than 2 years; and
(c) in response to ESPD, Question Ref. 4B.5 confirm they already have or can commit to obtain, prior to commencement of the contract the required levels of insurance.
In addition to the information requested under (a) and (b), economic operators are required to provide a link / copies of the associated annual accounts as filed at Companies House (or equivalent if not a UK registered company) for the last 2 years of trading, or for the period which is available if less than 2 years.
This information has been requested to enable Transport Scotland to perform their own assessment and confirm the financial ratios submitted. Ultimately, ensuring the correct score is allocated, and to ensure no misinterpretation. Where there exist differences in ratios, between those provided and those calculated by Transport Scotland, clarification will be sought.
Economic operators shall be required to satisfy minimum standards of economic and financial standing. These are described below:
Evaluation Criteria Ratios (Question Ref. 4B.4)
The financial information received under ESPD, Question Ref. 4B.4 shall be evaluated and scored out of 50 by allocating a score against nine individual economic and financial standing evaluation criteria, namely:
1. Acid Test Ratio,
2. Cash Interest Cover Ratio,
3. Return on Capital Employed,
4. Operating Profit Ratio,
5. Net Worth,
7. Annual Contract Value to Turnover,
8. Filed Accounts,
9. Audit Report.
The individual scores shall be weighted, with the most recent (‘Year 1’) financial statements weighted at 67 % and the previous (‘Year 2’) statements being weighted at 33 %, to form an aggregated score for each of the nine criteria over the 2 years.
The maximum cumulative score resulting from the summation of the 9 economic and financial standing aggregated scores shall be 50 marks. A submission shall be marked as a Fail and will not be considered further if the score achieved by a single economic operator or a group of economic operators is less than 50 percent of the available marks. The Economic and Financial Standing Evaluation Criteria Ratios and Scoring criteria can be downloaded via the Public Contracts Scotland portal www.publiccontractsscotland.gov.uk
Where the submission has been submitted by a group of economic operators, the information submitted by each group member will be evaluated in the proportion of the percentage shareholdings or percentage equity/interest of each group member and a score determined for such group of economic operators on that basis.
Insurance (Question Ref. 4B.5)
In response to Question Ref. 4B.5 economic operators must confirm they already have or can commit to obtain, prior to the commencement the following levels of insurance:
Public Liability Insurance = 75 000 000 GBP,
Professional Indemnity Insurance = 10 000 000 GBP.
And, any other insurance including Employers Liability required by the Contract or by the appropriate legislation with a sum insured / limit of indemnity to satisfy the Contract or legal requirements.
In responding to Question Ref. 4B.5.1 and 4B.5.2 of the ESPD, where the bidder ticks the box ‘No, and I cannot commit to obtain it’ they shall be marked as Fail.
Under ESPD, Question Ref. 4C.1 economic operators shall be required to insert suitable responses to Statements (a) to (k) set out below, demonstrating that they have the required minimum standards of eligibility and technical and professional ability. Answers to these statements shall be answered by single economic operators and by groups of economic operators (group members should not respond individually). A ‘group of economic operators’ is defined as an unincorporated consortium or joint venture.
Responses to Statements (a) and (b) shall be assessed on the basis of Pass or Fail. Economic operators who fail to satisfy these minimum standards (either they answer ‘No’ or fail to provide an acceptable answer) shall be excluded from the procurement competition.
Statement (c) is not scored, but is required to be completed.
Responses to Statements (d) to (g) inclusive shall state why the economic operator considers itself to be particularly suited to undertake the Contract by reference to one or more of the 6 reference projects provided for under Statement (c). Such responses shall be assessed on the basis of a score with a minimum threshold, using the following scoring mechanism:
— Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion (0 - 2 Unacceptable);
— Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/ capacity/capability (3 - 4 Weak);
— Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature (5 - 6 Acceptable);
— Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (7 - 8 Good);
— Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (9 - 10 Excellent).
A submission shall be marked as a Fail and will not be considered further if the score achieved for any response to statements (d) to (g) is less than or equal to 2. Where a response is greater than 2 it shall be weighted in order to calculate a score out of 10 for the 4 statements.
Under ESPD, Question Ref. 4C.7 economic operators shall be required to insert suitable responses to Statements (h), (i), and (j) demonstrating that they have in place an appropriate quality, environmental and health and safety management systems. Economic operators are required to provide details of a recognised accredited system or own non-accredited system, which will ultimately shall be adopted if awarded the contract. Subsequently, under ESPD, Question Ref. 4D.1 economic operators are required to confirm their compliance and be able to provide the appropriate certification.
The responses to Statements (h), (i) and (j) shall be assessed on the basis of PASS or FAIL. Economic operators who have no management system in use will not be considered for this contract.
Under Question Ref. 4C.6 of the ESPD economic operators shall be required to insert suitable responses to Statement (k) demonstrating they have the requisite experience to perform the role of Principal Contractor and Principal Designer under CDM 2015 and are prepared to accept such appointment under the contract.
The response to Statement (k) shall be assessed on the basis of Pass or Fail. Economic operators who fail to provide suitable experience or satisfy these minimum standards shall be excluded from the procurement competition.
Statement (a) Within the last 5 years have you constructed a trunk road project or similar major road project; which included SUDs drainage, lighting retaining walls, over-bridges, road restraint systems and other structures as required, to the value of at least 20M GBP in 2017 prices exclusive of VAT?
Statement (b) Within the last 5 years, has your Designer or one of your Designers been the principal designer for a trunk road project or similar major road project; which included SUDs drainage, retaining walls, lighting, over-bridges, road restraint systems and other structures as required, to the value of at least 20 000 000 GBP in 2017 prices exclusive of VAT?
Statement (c) Provide information on no more than 6 ‘reference projects’ which reflect similar works in terms of scope, size and/or complexity to the Contract, predominantly carried out within the last 5 years detailing your role and the scope of the services performed (Max 500 Words per reference project).
Statement (d) Scheme Management (Weighting 20 %) Provide details of effective staff and team structures which demonstrate: capability to deliver on time and budget; the project was communicated effectively to ensure timely, accurate and cost effective delivery; effective community engagement and the benefits that were provided; and the effective application of innovation and sustainability and the benefits that these approaches provided (Max 1 000 Words).
Statement (e) Stakeholder Engagement (Weighting — 30 %) Provide details of approach on working with, managing and interfacing with, key stakeholders to ensure that the rights, interests and requirements of all parties are protected and delivered. The response should provide: evidence of the approaches to consultation with key stakeholders such as statutory bodies, local authorities, landowners and local communities; evidence of the development of mutual value; and benefits achieved as a result (Max 1 000 Words).
Statement (f) Environment (Weighting — 20 %) Provide details of approach on minimising and mitigating the impact of construction works on the environment and the local community. Within your answer provide details of approach on the elimination and mitigating of potential flooding of the adjacent land and methods of rectifying any damage and ensuring the full operational service of land drainage systems which may be effected by the construction of the scheme (Max 1 000 Words).
Statement (g) Traffic Management (Weighting 30 %) Provide details of approach on the development, installation, commissioning and operation of traffic management within a trunk or strategic road network. The response should be sufficiently detailed to demonstrate the economic operators experience of: analytical methods to arrive at traffic management solution(s) to maintain traffic flow; the integration of construction methods with traffic management; methodology for emergency services access; the approach to unplanned traffic or traffic management disruptions; and maintaining local and private access for landowners and tenants during construction (Max 1 000 Words).
Statement (h) Quality Management System. This may be European Foundation Quality Model (EFQM) or equivalent; BS EN ISO 9001:2015 (Quality Management Systems); Other accredited or Own non-accredited management system.
Statement (i) Environmental Management System. This may BS EN ISO 14001:2015 (Environmental Management Systems); Other accredited or Own non-accredited management system.
Statement (j) Health and Safety Management System. This may BS EN ISO 18001:2007 (Occupational Health and Safety Management
Systems) and associated standards; Other accredited or Own non-accredited management system.
Statement (k) It is the intention that, if awarded the Contract, the Contractor shall be appointed the role of Principal Contractor and Principal Designer under CDM 2015. Provide evidence to demonstrate competence in this role and also confirm that you are willing to accept this appointment.
It is the Employer's policy to measure the performance of the Contractor on a regular basis.
In the event that the Contractor's performance falls below a satisfactory level, the Contractor will be invited to determine a means of rectifying the situation. Repeated or continual performance failures may result in suspension or termination of the contract.
Section IV: Procedure
Section VI: Complementary information
Each economic operator shall submit 4 paper copies (1 marked ‘Original’ and 3 marked Copy 1, 2, or 3 as relevant) together with 1 data CD/DVD of the completed ESPD, in a sealed package to arrive by no later than 12:00 BST on 13.10.2017 to the following:
Procurement Support Manager, Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF, United Kingdom.
The Scottish Ministers shall not evaluate any submission received past the specified deadline, unless the delay is caused by a situation out with the control of the economic operator, the determination of which shall be at the sole discretion of the Scottish Ministers. Compliance with achieving the specified deadline is the sole responsibility of the economic operator.
Economic operators which alter their composition after making a submission will be the subject of re-evaluation.
Any request by economic operators for clarification of any part of the documentation shall be made through the Public Contracts Scotland website. The deadline to submit questions relating to the submission via the website is 12:00 BST on 29.9.2017.
Neither Transport Scotland nor the Scottish Ministers shall be responsible in any way to economic operators as a result of any delay or failure in answering any request for clarification or any decision not to answer a request for clarification (either in full or in part). Absence of a response from Transport Scotland or the Scottish Ministers shall not entitle economic operators to qualify their submission.
The Scottish Ministers reserve the right not to conclude any contract as a result of the procurement process initiated by this notice and to make whatever changes the Scottish Minsters deem appropriate to the content, process, timing and structure of the procurement process.
Transport Scotland and the Scottish Ministers shall have no liability for any costs howsoever incurred by those participating in the competition.
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.
Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=509774
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361
A summary of the expected community benefits has been provided as follows:
The Contractor will be required to deliver Community Benefits in support of the authority's economic, social and environmental objectives including:
— employment opportunities for young people, the unemployed and disadvantaged groups;
— educational and training opportunities, including but not limited to, work experience, vocational training and educational initiatives with schools, further and higher education establishments;
— subcontracting opportunities and supply chain initiatives for SME's, supported businesses and the third sector.
All site-based employment opportunities (including those with subcontractors) are to be notified to job centres (both local and national job centres).
Contracts with subcontractors which the Contractor procures following the award of contract shall be advertised on www.publiccontractsscotland.gov.uk
Further details of the community benefits that Transport Scotland intends to seek will be provided in the tender documents.