Works - 199414-2016

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11/06/2016    S112

United Kingdom-London: Engineering works and construction works

2016/S 112-199414

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: Transport for London — Surface Commercial
Postal address: 197 Blackfriars Road
Town: London
Postal code: SE1 8NJ
Country: United Kingdom
Contact person: UKI
For the attention of: Sarah Morris
E-mail: sarahmorris@tfl.gov.uk
Telephone: +44 2030541485

Internet address(es):

General address of the contracting authority: www.tfl.gov.uk

Address of the buyer profile: http://www.tfl.gov.uk/eprocurement

Electronic access to information: http://www.tfl.gov.uk/eprocurement

Electronic submission of tenders and requests to participate: http://www.tfl.gov.uk/eprocurement

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Official name: London Boroughs as defined by the London Government Act 1963 and the City of London

Official name: Private developers whose developments impact on the TfL Road Network (TLRN)

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
TfL Surface Transport Major Projects Framework.
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, place of delivery or of performance: London.

NUTS code UKI LONDON

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
Number of participants to the framework agreement envisaged: 3

Duration of the framework agreement

Duration in years: 6
Justification for a framework agreement, the duration of which exceeds four years: The duration of the framework is 4 years with the option to extend for a further 2 years in increments to be decided by TfL. In view of the optimum duration required to secure keen interest from a currently buoyant market; the critical nature of the works in respect of delivering the Roads Modernisation Programme; the timescales for expiry of other similar major TfL contracts; the significant length of time it may require to design and deliver some of the projects under the framework and the need to programme over a longer period in order to optimise delivery resources, it is considered appropriate for TfL to have the option to extend for up to a further 2 years beyond the initial 4 year limit.
II.1.5)Short description of the contract or purchase(s)

This framework is for the engineering design and construction of projects, which are within TfL's Roads Modernisation Programme. The duration of the framework is 4 years with the option to extend for a further 2 years in increments to be decided by TfL. Procurement documentation can be accessed from the following electronic address: http://www.tfl.gov.uk/eprocurement. Economic operators should note that this procurement is being undertaken under the Competitive Procedure with Negotiation as set out in Regulation 29 of the Public Contracts Regulations 2015. This statement supersedes section IV.1.1 of this notice. The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations. The type of projects likely to be called off under the framework include design and construction for refurbishment, strengthening, enhancement or reconfiguration with respect to roads, tunnels, bridges and other structures. Call-off contracts will be let via mini competition between framework contractors. TfL expects to enter into framework agreements with civil engineering construction contractors who may engage or form partnerships or joint ventures with others as necessary to deliver design and other pre-construction services (see section III.1.3 regarding specific legal forms accepted). TfL reserves the right to cancel or terminate this procurement at TfL's discretion and without liability to any applicant.

II.1.6)Common procurement vocabulary (CPV)

45220000 Engineering works and construction works, 45230000 Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork, 45221111 Road bridge construction work, 45221241 Road tunnel construction work, 71320000 Engineering design services, 71322000 Engineering design services for the construction of civil engineering works

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Transport for London (TfL) Surface Transport is in the process of delivering a significant Roads Modernisation Programme, which includes civil engineering design and construction works for the enhancement or refurbishment of highways and associated structures and tunnels. The tunnel works include renewal of mechanical and electrical systems.
TfL requires the services of economic operators to deliver projects within the modernisation programme alongside and / or in collaboration with its other existing contract arrangements. The works could be located anywhere across Greater London on TfL's road network, and may incorporate the road networks of London Boroughs or other neighbouring highway authorities. The works may also incorporate or require the permanent or temporary use of land owned by TfL inside and outside the highway envelope, or land belonging to third parties.
Economic operators participating in the Major Projects Framework will be expected to undertake pre-construction and construction activities as necessary to deliver each project. There will be no guarantee of a minimum amount of works or services by value or by number of call-off contracts.
Pre-construction activities include engineering design services of a highway, structural, urban realm or other nature, and also includes providing advice, assessment and best practice solutions on build ability; planning and scheduling; risk identification and mitigation; cost planning and management; surveys and investigations; interface management; stakeholder management; identifying and obtaining necessary permits, consents and approvals; delivery of works in advance of the main works; all aspects of land assembly and any other services required to design and deliver complex civil engineering construction projects.
Construction activities include the main construction works associated with each scheme, as well as temporary works, utility diversions and ancillary works. Some schemes may also require delivery of works in advance of the main works. Economic operators will be expected to plan, manage, coordinate and optimise the construction of the works. Traffic management and congestion alleviation will be critical during construction.
Economic operators will be expected to work collaboratively with TfL, with each other, with statutory undertakers and with other economic operators contracted by TfL to deliver aspects of the Roads Modernisation Programme and other works and services as required.
Detailed information on the full scope of services required will be set out in the Framework Scope issued as part of the invitation to tender and more specifically for each scheme in the relevant call-off contract Works Information.
Estimated value excluding VAT:
Range: between 400 000 000 and 500 000 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: TfL has the option of extending the framework limit beyond the initial term of 4 years for a further 2 years in increments as determined by TfL.
TfL may undertake a review of the framework agreement and if it is determined that the framework does not continue to deliver TfL's objectives and outcomes, TfL reserves the right to terminate the framework at any time during its term.
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 72 (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:
Details will be provided in the invitation to tender documentation. A performance bond or parent company guarantee (PCG) may
be required by the contracting authority as a remedy in respect of failure to perform by any framework contractor. A form of bond and a form of PCG is included in the tender documents. TfL will notify framework contractors at the start of any mini competition process whether a performance bond or PCG is required.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
The contracting authority's terms and conditions of payment will apply. Details will be provided in the invitation to tender
documentation.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
TfL reserves the right to require, in the context of a consortium, bidders to take a particular legal form, or to require a single contractor to take primary liability, or to require that each party undertakes joint and several liability.
Bidders must provide full details of their proposed contracting structures, including key sub-contractors. Changes to consortia and contracting structures must be notified to TfL immediately, which may impose conditions on or reject the change if that is reasonably necessary to ensure that TfL meets its legal or procurement obligations. Full details of, and/or further restrictions on changes to consortia and contracting structures are set out in the tender documents.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The selected contractor will be required to have all appropriate permissions and licences etc to undertake the works and/or services in the UK and under UK legislation (and/ or under all equivalent legislation in the place of their establishment) and will be required to evidence these according to the requirements set out in the tender documents and contract documents.
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 the requirements are met: The economic operator will be required to satisfy the requirements of the Public Contracts Regulations 2015, as set out in
the pre-qualification questionnaire.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: The economic operator will be required to satisfy the requirements of the Public Contracts Regulations 2015.
The services of an independent third party financial agency may also be used. Further details in the pre-qualification questionnaire.
Minimum level(s) of standards possibly required: Minimum levels of financial capacity will be disclosed in the pre-qualification questionnaire.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
The economic operator will be asked to demonstrate technical capacity and capability to undertake the Works, in accordance with the requirements of the Public Contracts Regulations 2015.
Minimum level(s) of standards possibly required:
Minimum levels of technical capacity will be disclosed in the pre-qualification questionnaire.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures) no
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 6: and maximum number 8
Objective criteria for choosing the limited number of candidates: A minimum of 6 and a maximum of 8 economic operators will be selected as set out in the pre-qualification questionnaire and evaluation matrix. Economic operators should note that this procurement is being undertaken under the Competitive Procedure with Negotiation as set out in Regulation 29 of the Public Contracts Regulations 2015. This statement supersedes section IV.1.1 of this notice. The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
tfl_scp_001430
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2016/S 047-077449 of 8.3.2016

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 6.7.2016 - 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
11.7.2016 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
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 of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
The procurement process is being conducted on behalf of Transport for London (TfL). TfL operates as a functional body of the Greater London Authority (GLA) under the direction of the Mayor of London. The services, supplies or works may be provided to TfL and/or its subsidiaries and/or the GLA and/or other contracting authorities such as London Boroughs & City of London, and/or private developers whose developments impact on the TfL Road Network (TLRN). It is anticipated that a contract(s) will be awarded by TfL/Transport Trading Ltd but any part of TfL and/or any of its subsidiaries may award contract(s) as appropriate.
Economic operators should note that this procurement is being undertaken under the Competitive Procedure with Negotiation as set out in Regulation 29 of the Public Contracts Regulations 2015. This statement supersedes section IV.1.1 of this notice.
TfL reserves the right to withdraw from the procurement process and may not award a framework agreement at all as a result of this call for competition. TfL shall not be liable for any costs or expenses incurred by any candidates in considering and/or responding to the procurement process. TfL may interview none, any or all companies who express an interest in tendering for this work. All discussions and meetings will be conducted in English.
If and when this requirement is offered to tender, it may be done in whole or in part via electronic means using the Internet.
Tenders and supporting documents must be priced in Pounds Sterling and all payments made under the contract will be in Pounds Sterling, unless otherwise advised.
Further details on contract requirements will be available in the Invitation to Negotiate (ITN).
TfL embraces diversity and welcomes applications from all suitably skilled suppliers of all sizes who can meet the requirements, regardless of gender, ethnicity, sexual orientation, faith, disability or age of supplier workforce and/or ownership.

To express an interest in this tender, economic operators need to be registered on the TfL e-tendering portal. To register or to check if you are already registered log on to https://tfl.gov.uk/eprocurement.

It is important that economic operators read the instructions carefully on the home page before proceeding with registration. To be considered for this opportunity, economic operators must first complete the pre-qualification questionnaire (eligibility criteria) condition of participation.
A guidance document is attached within the ‘opportunity documents’ section, which will give instructions to facilitate the submission.
If you require any further assistance please consult the online help, contact the e-tendering help desk, or send a message to the contracting authority via the clarifications area on the e-tendering portal.
The information contained in this notice, including the list of CPV codes, is neither exhaustive or binding and may be amended at the time of issue of any further notice or notices or at any other time at the discretion of TfL.
Any resulting contracts will be considered contracts made in England according to English law.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: TfL will incorporate a standstill period at the point that information on the award of the contract is communicated to tenderers. That notification will provide full information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to appeal the award decision before the contract is entered into. The Public Contracts Regulations 2015 provides for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).
Potentially aggrieved suppliers who wish to lodge an appeal are requested to notify TfL in the first instance.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
9.6.2016