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Works - 311849-2019

05/07/2019    S128    Works - Contract notice - Competitive procedure with negotiation 

United Kingdom-London: Construction work

2019/S 128-311849

Contract notice

Works

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Westminster City Council
Postal address: 64 Victoria Street
Town: London
NUTS code: UK
Postal code: SW1E 6QP
Country: United Kingdom
Contact person: Samantha Rogers
E-mail: srogers@westminster.gov.uk

Internet address(es):

Main address: www.westminster.gov.uk

Address of the buyer profile: www.capitalEsourcing.com

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: www.capitalEsourcing.com
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: www.capitalEsourcing.com
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
Housing and community amenities

Section II: Object

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

Ebury Bridge Estate Renewal Project Design and Build Contractor

II.1.2)Main CPV code
45000000
II.1.3)Type of contract
Works
II.1.4)Short description:

A design and build contract for the initial phase and, potentially subsequent phases, of the Ebury Bridge Estate Renewal Programme. This will include working collaboratively with Westminster City Council, resident and additional stakeholder groups to successfully deliver the design, planning and build programme of this strategically important scheme. The value threshold is between 97 000 000 GBP (Phase 1) and up to approximately 350 000 000 GBP (cumulative estimate of all phases) that will be delivered in multiple phases. Potential bidders' attention is drawn to the Section II.2.4) which sets out the phasing process in more detail.

II.1.5)Estimated total value
Value excluding VAT: 350 000 000.00 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)
45211000
45211360
45233130
71220000
II.2.3)Place of performance
NUTS code: UK
Main site or place of performance:

Ebury Bridge Road, Westminster.

II.2.4)Description of the procurement:

Westminster City Council is committed to the most ambitious house building programme for a generation. The Council is on track to deliver 1 850 new affordable homes by 2023 with sites for a further potential 2 000 new homes identified. The delivery of these homes involves complex regeneration schemes at Ebury Bridge Estate and Church Street, as well as sensitive infill and prominent high-profile sites across the city. The delivery of these homes will depend on a range of delivery solutions including partnerships with development and investment partners and self-delivery. The Council's newly formed wholly owned development company also offers a route for funding, delivering and owning new intermediate rent, market rent and sale housing across the borough.

The Ebury Bridge Estate renewal project is the most strategically important of all these developments. Ebury is located in the South-West of the borough, close to the mainline Victoria Station. Railway tracks to Victoria act as a physical barrier to the East of the estate and the Belgravia neighbourhood is to the West. The estate has excellent connectivity and offers a tremendous opportunity for a prestigious, exemplar estate renewal opportunity in Central London.

The Council has made significant investment over recent years developing a high-quality exciting scheme in consultation with local residents and approved the full demolition and re-provision of the estate in July 2018. The Council has established an experienced team and in March 2019 committed to and approved the self-delivery (Council as employer) of an initial phase comprising 2 residential blocks providing over 200 new, mixed tenure homes and the first of the new open public squares, setting the design quality and delivery intentions for the new Ebury. This initial phase will enable the Council to fulfil their re-housing commitments locally and achieve vacant possession of later phases. Ebury sits at the heart of the Council's City for All intention and we are now seeking suitable partners to help us deliver and achieve these aspirations.

The Council is seeking a suitable and appropriately qualified design and build partner to deliver the programme which is currently phased, with phase 1 aiming to start on site at the end of 2020. The estimated construction value of the requirement is currently valued between 97 000 000 GBP-350 000 000 GBP (Phase 1 — all phases). All amounts are subject to indexation and the procurement contracts make provision for changes which mean the procurement value may be increased beyond the range included in this notice, changes will be in accordance with Regulation 72 of the Public Contract Regulations 2015.

In Phase 1 the Council will be the successful tenderer's employer and the Council will self-fund the cost of construction. However, the Council reserves its right to amend the structure and funding plans in relation to Phase 2, including but not limited to appointing a third party employer. The successful tenderer is not guaranteed to be employed to undertake Phase 2.

Phase 2: The ‘Future Ebury Schemes Approval Agreement’ (FESAA) included in the tender documents sets out preparations for Phase 2 (which may be brought forward as sub-phases). Tenderers may note that the FESAA provides for the Council's interests in the FESAA to be novated to a Council subsidiary, an investment partner (selected by the Council), a traditional developer, a Council procured delivery partner or a combination of any of them.

The FESAA does not oblige the successful tenderer to implement Phase 2 but provides a structure to enable the Council and the successful tenderer, if both parties are willing, to implement some or all of Phase 2 works.

Further indicative information regarding the FESAA is included in ‘Additional Information’ at VI.3) below.

All procurement documents may be downloaded from www.capitalesourcing.com subject to tenderers signing a non-disclosure agreement.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 350 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 132
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Maximum number: 5
Objective criteria for choosing the limited number of candidates:

A maximum of 5 suppliers will be invited to ITT, all criteria are stated in the procurement documents.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Phasing.

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

The Council reserves the right not to award any contract and/or abandon this procurement and/or to award a contract for part of the works. Costs associated with producing its tender will be borne by the tenderer.

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
III.1.2)Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

Please refer to the Westminster Amendments to the JCT 2016 Design and Build for of contract available in the procurement documents.

III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Competitive procedure with negotiation
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
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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
Notice number in the OJ S: 2019/S 079-188867
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 12/08/2019
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
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: 12 (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
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

Social value:

Under the Public Services (Social Value) Act 2012 the contracting authority must consider:

(a) how what is proposed to be procured might improve the economic, social and environmental well-being of the area where it exercises its functions; and

(b) how, in conducting the process of procurement, it might act with a view to securing that improvement.

Accordingly, the subject matter of the contract has been scoped to take into account the priorities of the Contracting Authority relating to economic, social and environmental well-being. These priorities are described in the procurement documents.

Phase 2 Approach:

The Council has adopted its approach to Phase 2 to enable the Council to select the optimum route for the delivery of that phase, potential models for delivery of Phase 2 in accordance with the FESAA include (but are not limited to):

— the same structure as for Phase 1 (Council as employer and successful tenderer as contractor), or

— delivery in conjunction with any investment partner, a developer partner one or more of the Council's subsidiaries.

For clarity, some delivery structures may mean:

— it will not be possible for the Council to appoint the Phase 1 successful tenderer for design and build in Phase 2, and/or

— the Council is required to novate its interests in the relevant agreements to one of the partner entities listed above to enable the successful tenderer to be so appointed for Phase 2.

If the parties are both willing to proceed with what is termed 'a Future Ebury Scheme' (which encompasses either the whole of Phase 2, though it is much more likely to be a 1 or more sub-phases of Phase 2) then the contractor will be required to enter into a Pre-contract Services Agreement substantially in the form of that used for Phase 1 and any Design and Build Contract entered into will be substantially in the form of that used in Phase 1. These Phase 2 contracts may be amended to deal with site-specific or Future Ebury Scheme-specific matters.

The FESAA also applies principles in respect of how costs will be derived for Future Ebury Schemes which proceed to a Phase 2 Pre-construction Services Agreement: these include:

— the contractor undertaking a competitive process to appoint its contractors for its subcontractor packages,

— costing to deal with matters not relevant to Phase 1,

— a requirement to take into account the contract sum analysis for Phase 1,

— indexation provisions and/or benchmarking for those cost items not subject to a competitive process during Phase 2.

VI.4)Procedures for review
VI.4.1)Review body
Official name: High Court of England and Wales, Royal Courts of Justice
Postal address: Strand
Town: London
Postal code: WC1A 2LL
Country: United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Westminster City Council will observe a standstill period following the award of the contract and conduct itself in respect of any appeals in accordance with the Public Contract Regulations 2015.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Cabinet Office
Postal address: 70 Whitehall
Town: London
Postal code: SW1A 2AS
Country: United Kingdom
VI.5)Date of dispatch of this notice:
03/07/2019