Works - 344978-2017

02/09/2017    S168    - - Works - Contract notice - Competitive dialogue 

United Kingdom-Glasgow: Construction work for highways, roads

2017/S 168-344978

Contract notice

Works

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Transport Scotland
Buchanan House, 58 Port Dundas Road
Glasgow
G4 0HF
United Kingdom
Contact person: Chris Carroll
Telephone: +44 141272908
E-mail: chris.carroll@transport.gov.scot
NUTS code: UKM82

Internet address(es):

Main address: http://www.transport.gov.scot

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00099

I.2)Joint procurement
The contract is awarded by a central purchasing body
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://www.publiccontractsscotland.gov.uk/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
National or federal agency/office
I.5)Main activity
Other activity: transport

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

A9 Berriedale Braes Improvement.

Reference number: TS/MTRIPS/WKS/2017/06
II.1.2)Main CPV code
45233100
II.1.3)Type of contract
Works
II.1.4)Short description:

Design, construction, completion, and maintenance of approximately 530 m of new A9 single carriageway at Berriedale Braes, located North of Helmsdale and South of Dunbeath. The proposed cross section is based on S2 — Two Lane Single Carriageway Trunk Road as described in the Design Manual for Roads and Bridges.

Works include, but are not limited to, construction of mostly offline single carriageway involving; earthworks, including soil and rock slope reinforcement; piling if required; road signs and markings; road restraint systems; accommodation works; public utilities; 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: https://www.publiccontractsscotland.gov.uk/

II.1.5)Estimated total value
Value excluding VAT: 9 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
45233124
45233121
45233140
45233120
II.2.3)Place of performance
NUTS code: UKM61
NUTS code: UKM6
II.2.4)Description of the procurement:

Transport Scotland is an agency of the Scottish Government and contracts in the name of and on behalf of the Scottish Ministers. Transport Scotland has identified the requirement to appoint a suitable experienced economic operator (a ‘Contractor’) to design and build the A9 Berriedale Braes Improvement, located on the A9 North of Helmsdale and South of Dunbeath.

Transport Scotland will manage the proposed procurement process for the A9 Berriedale Braes Improvement 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.

It is intended that the Contract will include the design and construction of the works which will last approximately 1 year followed by a 5-year period of maintenance for landscaping and defect rectification.

The Contractor will be procured through a competitive tender procedure, in accordance with the competitive dialogue procedure as stated in the Public Contracts (Scotland) Regulations 2015. Due to project complexity, the project requires to be performed by a single consultant 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).

Scope of Works

The scope of works will include, but not be limited to:

— Design and construction of mostly offline realignment of the A9 trunk road at Berriedale to single two way carriageway standard;

— Design and construction of associated earthworks slopes, which may include blasting of rock, rock bolts, soil nails, reinforced earth, piling, rock fall netting, and deep cuttings up to a depth of approximately 14 m;

— Design and construction of associated access roads, pedestrian access, a new lay-by, road signs and markings, and road restraint systems;

— Construction of a Sustainable Drainage System (SuDS) including detention basin, filter drains, and vortex separator;

— Diversionary works for statutory undertakers and the like;

— Environmental and landscaping mitigation measures, within a significantly environmentally constrained site;

— Traffic Management;

— Accommodation works;

— 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

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.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: The tenderer's approach to: scheme management; stakeholder engagement; environmental impact mitigation; and traffic management measures. / Weighting: 30
Cost criterion - Name: Final tenders will be assessed against evaluation criteria to determine the most economically advantageous submission. Further information will be included in the tender documents / Weighting: 70
II.2.6)Estimated value
Value excluding VAT: 9 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 72
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Maximum number: 4
Objective criteria for choosing the limited number of candidates:

It is intended that 4 economic operators be taken forward to competitive dialogue stage. These economic operators shall be who have:

(i) submitted a compliant submission, comprising the completed ESPD;

(ii) satisfied the relevant selection criteria under the exclusion grounds;

(iii) (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) has in place quality, environmental and health and safety management systems;

(v) has in place appropriate sustainability measures which attribute significantly to the requirement;

(vi) satisfied minimum standards of economic and financial standing;

(vii) has appropriate experience in acting as the ‘Principal Contractor’ 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 shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref. 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

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

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

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:

— 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),

— Eurocodes,

— 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.

The BIM level 2 requirements at the handover of the built asset will be prescribed in the Employers Information Requirements (EIR) which 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).

III.1.2)Economic and financial standing
List and brief description of selection criteria:

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.1.1 provide the specified annual turnover for the last 2 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 9 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.

Minimum level(s) of standards possibly required:

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,

6. Gearing,

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 9 criteria over the 2 years.

The maximum cumulative score resulting from the summation of the nine 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 scoring mechanism 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.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

Under ESPD, Question Ref. 4C.1 economic operators shall be required to insert suitable responses to Statements (a) to (g) 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).

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 it required to be completed.

The responses to Statements (d) to (g) inclusive 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 statement is less than or equal to 2. Where a response is greater than 2 it shall be weighted in order to calculate a final 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 should specify their 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. Single Economic Operators or Group of 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.

Minimum level(s) of standards possibly required:

Statement (a) — Within the last 8 years have you constructed a trunk road project or similar major road project; which included soil and rock slope reinforcement, SuDS drainage, and road restraint systems, for a client to the value of at least 5 000 000 GBP Sterling per annum?;

Statement (b) — Within the last 8 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 soil and rock slope reinforcement, SuDS drainage, and road restraint systems, for a client to the value of at least 5 000 000 GBP Sterling per annum?;

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 8 years, and detail your role and the scope performed [Max 500 words per reference project]

Statement (d) — Scheme Management (Weighting — 30 %) — Provide details of the 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 these approaches provided [Max 1500 words].

Statement (e) — Stakeholder engagement (Weighting — 20 %) — Provide details of approach on working with, managing and interfacing with, 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 — 30 %) — Provide details of approach on minimising and mitigating the impact on the environment, particularly on designated sites, and on the local community. The response to be provided should provide: details of specific mitigation measures adopted; and how the effectiveness of these measures was assessed. (Max 1 500 words)

Statement (g) — Traffic Management — (Weighting — 20 %) 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 land owners and tenants during construction (Max 1 000 words)

Note: The responses to Statements (d) to (g) inclusive shall have been substantially carried out in the last 8 years.

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 management system; or Own non-accredited management system.

Statement (i) — Environmental Management System. This may BS EN ISO 14001:2015 (Environmental Management Systems); Other accredited management system; or Own non-accredited management system.

Statement (j) — Health and Safety Management System. This may BS OHSAS 18001:2007 (Occupational Health and Safety Management Systems) and associated standards; Other accredited management system; 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 confirm you are willing to accept this appointment.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

It is the Employer's policy to measure the performance of each 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 service failures may result in suspension or termination of the contract.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Competitive dialogue
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 13/10/2017
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 08/12/2017
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional 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 outwith 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=509922

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.

(SC Ref:509922)

Download the ESPD document here: http://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=509922

VI.4)Procedures for review
VI.4.1)Review body
Transport Scotland
Buchanan House, 58 Port Dundas Road
Glasgow
G4 0HF
United Kingdom
Telephone: +44 1412727100
Fax: +44 1412727272

Internet address:http://www.transport.gov.scot

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
31/08/2017