Works - 106846-2019

07/03/2019    S47    - - Works - Contract notice - Restricted procedure 

United Kingdom-Portsmouth: Building construction work

2019/S 047-106846

Contract notice

Works

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Portsmouth City Council
Procurement Service, Floor 4 Core 3/4, Civic Office, Guildhall Square
Portsmouth
PO1 2AL
United Kingdom
Contact person: Procurement Service
Telephone: +44 2392688235
E-mail: procurement@portsmouthcc.gov.uk
NUTS code: UKJ31

Internet address(es):

Main address: https://www.portsmouth.gov.uk/ext/business/business.aspx

Address of the buyer profile: https://www.portsmouth.gov.uk/ext/business/business.aspx

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://in-tendhost.co.uk/portsmouthcc/aspx/home
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://in-tendhost.co.uk/portsmouthcc/aspx/home
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

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

Design and Build Contractor Framework — Dunsbury Business Park

II.1.2)Main CPV code
45210000
II.1.3)Type of contract
Works
II.1.4)Short description:

Portsmouth City Council — the “Council” — is seeking to establish a multiple contractor framework made up of 3-4 design and build contractors which will be used to source ECI, design and works activities as required for the further development of Dunsbury Park, Havant. The Council is the freehold owner of the site and commenced direct development in 2014 which to date has encompassed the delivery of road infrastructure, site levelling, utility connections and approx. 130 000 ft2 of commercial buildings. Based upon the current masterplan there is approximately 600 000 ft2 of space left for development. The Council predicts that the majority of work packages will be let via open book negotiation with the top ranked framework contractor.

The Council will run the procurement process in following the restricted procedure and is aiming to have awarded the framework agreement by 19.7.2019. Application is via submission of completed supplier selection questionnaire by 8.4.2019 16:00.

II.1.5)Estimated total value
Value excluding VAT: 200 000 000.00 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)
45210000
45213000
45213312
45212411
45214600
45214620
45214630
45212000
45111200
45111230
45111240
45111250
45111290
45111291
45112000
45112100
45112200
45112600
45112700
45113000
45300000
45400000
71000000
71220000
71241000
71242000
71243000
71244000
71245000
71246000
71250000
71320000
71321000
71328000
50700000
90910000
90700000
90610000
90640000
90510000
II.2.3)Place of performance
NUTS code: UKJ35
II.2.4)Description of the procurement:

Portsmouth City Council — the “Council” — is seeking to establish a multiple contractor framework made up of 3-4 Design and Build contractors which will be used to source ECI, design and works activities as required for the further development of Dunsbury Park, Havant. Once established the Framework Agreement will be in place for a term of 10 years. The target date for award of the Framework Agreement is 19.7.2019 and the estimated value of work which could be let via the agreement is approx. 100 000 000 GBP based upon current market rates and demand but could be as much as 200 000 000 GBP.

The Council is the freehold owner of the site which comprises of some 20,8 hectares (49,41 acres) of land adjoining J3 of A3M junction. The site is of significant regional importance due to its strong transport links to London and local workforce access. Further information regarding the site, development offer and progress to date can be found at the dedicated Dunsbury Park website along with aerial videos, marketing brochure, summary masterplan, etc.

http://dunsburypark.co.uk/

The Council obtained outline planning permission on 19.2.2014 for 61 779 m2 of floor-space comprising a variety of uses within Classes B1, B2 and B8. In addition up to 5 574 m2 comprising hotel with conference facilities, together with detailed permission for a new access road. 2 subsequent Section 73 permissions have also been obtained, the most relevant of which removes any restriction regarding the percentage of B8 use. The Council commenced direct development of the site in 2014 which to date has encompassed the delivery of road infrastructure, site levelling, utility connections and approx. 130 000 ft2 of commercial buildings. Based upon the current masterplan there is approximately 600 000 ft2 of space left for development.

Once the Framework Agreement is established work packages may be let via direct award or further competition across the framework contractors. The Council predicts that the majority of work packages will be let via 2 Stage Open Book Partner contracting with the top ranked framework contractor on the basis of a 1st stage JCT pre-construction services agreement and 2nd stage JCT Design and Build Contract, subject to capacity and performance. However the Council reserves the right to utilise a range of contracting strategies and forms as appropriate including for all contract forms and options within the JCT and NEC4 suites of contracts. The Council may utilise the Framework Agreement to deliver hard facilities management activities such as grounds maintenance, building maintenance, infrastructure maintenance, etc. if required and as appropriate to the framework contractor's business activities and expertise on either a short or longer term basis.

The Council will establish the Framework Agreement in accordance with the “Restricted Procedure” as et out within the “Public Contracts Regulations (2015)”. In the interests of managing bidding costs for all parties the Council envisages shortlisting 4 contractors only to take part in the tender stage, however this number could increase in the event of minimal differences in scores. The procurement process will be run in accordance with the following outline programme:

— SSQ submission deadline: 8.4.2019

— issue ITT documentation: 29.4.2019

— tender return deadline: 7.6.2019

— framework award: 19.7.2019

Interested parties are directed to the Council's e-sourcing solution InTend which will be used to administrate the procurement process. The system is free to use and can be accessed via the link below:

https://in-tendhost.co.uk/portsmouthcc/aspx/home

Application is via completion of a Supplier Status Questionnaire (SSQ) and associated documentation which can be accessed via Intend. Applications must be submitted by 8.4.2019 (16:00).

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: 200 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 120
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 4
Objective criteria for choosing the limited number of candidates:

In the interests of managing bidding costs for all parties the Council envisages shortlisting 4 contractors only to take part in the tender stage, however this number could increase in the event of minimal differences in scores. The shortlisting criteria is stated within the SSQ documentation accessible via: https://in-tendhost.co.uk/portsmouthcc/aspx/home

II.2.10)Information about variants
Variants will be accepted: yes
II.2.11)Information about options
Options: yes
Description of options:

Once the Framework Agreement is established work packages may be let via direct award or further competition across the framework contractors. The Council predicts that the majority of work packages will be let via 2 Stage Open Book Partner contracting with the top ranked framework contractor on the basis of a 1st stage JCT Pre Construction Services Agreement and 2nd stage JCT Design and Build Contract, subject to capacity and performance. However the Council reserves the right to utilise a range of contracting strategies and forms as appropriate including for all contract forms and options within the JCT and NEC4 suites of contracts.

The Framework Agreement may be used to source the following activities:

— early contractor involvement,

— pro-active support in identifying micro and macro environment threats and opportunities,

— site wide master planning support,

— site wide design code development,

— plot specific feasibility and options appraisal support,

— effective focused management of plot specific subcontract/supply chain across both Stage 1 design and Stage 2 constructions activities,

— development of outline design,

— surveys, modelling and enabling works,

— environmental assessments, engagement with approving bodies, gaining of required approvals,

— delivery of significant site preparation, infrastructure and landscaping works as required/appropriate,

— preparation, submission and discharge of planning application and conditions,

— development of detailed design,

— development of costings, programme, work methodologies on 2 stage open book partnership basis,

— construction works on principal contractor basis,

— handover, snagging and defects management,

— Hard FM — optional.

The Council may utilise the Framework Agreement to deliver hard facilities management activities such as grounds maintenance, building maintenance, infrastructure maintenance, etc. if required and as appropriate to the framework contractor's business activities and expertise on either a short or longer term basis.

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

To ensure that the Council is able to provide an effective response to prospective tenants whilst the procurement procedure to establish the Framework Agreement is undertaken it reserves the right to utilise its incumbent contractor BAM Construct UK, further details are included within Section “VI.3) Additional Information” of this Contract Notice.

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:
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
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 4
In the case of framework agreements, provide justification for any duration exceeding 4 years:

Development of the site is driven by market demand. Based upon development timescales to date and pattern of economic cycles a framework agreement term of 4 years would be restrictive and could severely impact upon the Council's ability to react effectively to tenant interest and secure income over the course of the development project, as such a term of 10 years will apply.

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
Notice number in the OJ S: 2019/S 017-034881
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 08/04/2019
Local time: 16:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 29/04/2019
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
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:

Currently the Council has a contracting mechanism in place with BAM Construct UK via the OJEU compliant iESE London and SE Major Construction Framework. This mechanism has been used to effectively deliver the works undertaken to date. However the Council wishes to put its own Framework Agreement in place via a bespoke OJEU advertised procurement process to cover delivery of full development of Dunsbury Park without any constraints in respect of term, value, contracting options and Contractor market restrictions.

During the period in which the procurement process is undertaken the Council reserves the right to continue to utilise BAM Construct UK to deliver further development at the site, whether in response to new tenant interest, new requirements from existing tenants or Council led speculative build development.

To provide continuity any development packages which are progressed during this period are likely to be taken through to practical completion of works and handover by BAM Construct UK. However all new development requirements which are instigated following conclusion of the procurement process will be let in accordance with the new Framework Agreement established.

VI.4)Procedures for review
VI.4.1)Review body
The High Court of Justice
Strand
London
WC2A 2LL
United Kingdom
Telephone: +44 2079476000

Internet address: https://www.justice.gov.uk/

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
04/03/2019