Works - 209675-2019

06/05/2019    S87    - - Works - Contract notice - Negotiated procedure 

United Kingdom-Belfast: Construction work

2019/S 087-209675

Contract notice – utilities

Works

Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Northern Ireland Electricity Networks
120 Malone Road
Belfast
BT9 5HT
United Kingdom
Contact person: Ruadhrai O'Kane
E-mail: Ruadhrai.OKane@nienetworks.co.uk
NUTS code: UKN

Internet address(es):

Main address: www.nienetworks.co.uk

Address of the buyer profile: https://e-sourcingni.bravosolution.co.uk

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://e-sourcingni.bravosolution.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://e-sourcingni.bravosolution.co.uk
Tenders or requests to participate must be submitted to the abovementioned address
I.6)Main activity
Electricity

Section II: Object

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

B947 (2020) Excavation, Cable Laying and Reinstatement

Reference number: B947 (2020)
II.1.2)Main CPV code
45000000
II.1.3)Type of contract
Works
II.1.4)Short description:

The contracting entity intends to establish a framework arrangement under which it shall appoint economic operators to enter into either separate Framework Agreements for the provision of excavation, cable laying and reinstatement works in:

Lot 1: Belfast district; and

Lot 2: East District, or a single Framework Agreement; for

Lot 3: Belfast and East Districts combined.

Any Framework Agreement awarded will be for a period of three (3) years and six (6) months with an option, exercisable entirely at the discretion of the contracting entity and subject to the terms of the Framework Agreement, to extend by a further optional period of up to three (3) years, with a total potential duration of six (6) years and six (6) months.

The contracting entity estimates that the total spend under the Framework Agreements could be up to 36 500 000 GBP. However, based on current requirements, the total spend is anticipated to be between 26 000 000 GBP and 33 200 000 GBP.

II.1.5)Estimated total value
Value excluding VAT: 36 500 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 2
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

The contracting entity will not award a Framework Agreement for all 3 lots. The contracting entity intends to award either:

(a) a Framework Agreement to the successful economic operator(s) for Lot 1 and Lot 2; or

(b) a Framework Agreement to the successful economic operator for Lot 3. The procurement documents detail the criteria and process to be adopted to determine which Lot(s) are awarded.

II.2)Description
II.2.1)Title:

Lot 1: Belfast District

Lot No: 1
II.2.2)Additional CPV code(s)
45000000
45112000
45112100
45112400
45200000
45220000
45230000
45231000
45232000
45232200
45314300
45314310
II.2.3)Place of performance
NUTS code: UKN
Main site or place of performance:

NORTHERN IRELAND.

II.2.4)Description of the procurement:

This lot will include:

1) The excavation and reinstatement of trenches and joint holes;

2) Installation of electricity cables (33kV, 11kV, LV mains and LV service) and related equipment (including minipillars, underground distribution boxes, auxiliary cables, ducts, etc.) associated with:

(a) provision of new customer connections;

(b) fault and emergency response;

(c) asset installation/replacement/upgrade works.

3) Cable jointing of 33kV, 11kV, LV and service cables;

4) Management of streetworks activities including signing, lighting and guarding of works to Chapter 8 of the traffic signs manual economic operators should note that whilst cable jointing of 33kV, 11kV, LV and service cables is included within the description of works above and economic operators will be required to submit details of their proposed pricing for such works if short-listed for tender stage, to date the contracting entity has undertaken most of these works itself. Inclusion of this element of works then is an option which the contracting entity may or may not avail of during the term of the Framework Agreements awarded for each of the lots and the contracting entity does not provide any warranty or commitment that it will require any, or any minimum level of, such Works under any of the lots.

If this lot is awarded, the contracting entity will enter into a Framework Agreement with one economic operator for this lot (in the form attached at Appendix M of the tender documents) with call-off contracts allocated on a direct award basis, as set out in the call-off procedure (in Appendix C of the tender documents).

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: 21 500 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 78
This contract is subject to renewal: yes
Description of renewals:

At the end of the term, the framework arrangement may be subject to retender.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 8
Objective criteria for choosing the limited number of candidates:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

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

Each Framework Agreement will be for a period of three (3) years and six (6) months with an option, exercisable entirely at the discretion of the contracting entity and subject to the terms of the Framework Agreement, to extend by a further optional period of up to three (3) years, with a total potential duration of six (6) years and six (6) months.

The contracting entity will not award a Framework Agreement for all three (3) lots. It is the contracting entity’s intention, following conclusion of the procurement process, to award either:

(a) a Framework Agreement to the successful economic operator(s) for each of Lot 1 and Lot 2; or

(b) a Framework Agreement to the successful economic operator for Lot 3. The procurement documents detail the criteria and process to be adopted to determine whether the contracting entity awards separate Framework Agreements for Lots 1 and 2 or a single Framework Agreement for Lot 3. The choice between lots will be based on the basis of both the quality and price proposals put forward by economic operators.

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’ attention is drawn to the specific requirements outlined in Section VI.3 – Additional Information below.

II.2)Description
II.2.1)Title:

Lot 2: East District

Lot No: 2
II.2.2)Additional CPV code(s)
45000000
45112000
45112100
45112400
45200000
45220000
45230000
45231000
45232000
45232200
45314300
45314310
II.2.3)Place of performance
NUTS code: UKN
Main site or place of performance:

NORTHERN IRELAND.

II.2.4)Description of the procurement:

This lot will include:

1) The excavation and reinstatement of trenches and joint holes;

2) Installation of electricity cables (33kV, 11kV, LV mains and LV service) and related equipment (including minipillars, underground distribution boxes, auxiliary cables, ducts, etc.) associated with:

(a) provision of new customer connections;

(b) fault and emergency response;

(c) asset installation/replacement/upgrade works.

3) Cable jointing of 33kV, 11kV, LV and service cables;

4) Management of streetworks activities including signing, lighting and guarding of works to Chapter 8 of the traffic signs manual.

Economic operators should note that whilst cable jointing of 33kV, 11kV, LV and service cables is included within the description of works above and economic operators will be required to submit details of their proposed pricing for such works if short-listed for tender stage, to date the contracting entity has undertaken most of these works itself. Inclusion of this element of works then is an option which the contracting entity may or may not avail of during the term of the Framework Agreements awarded for each of the lots and the contracting entity does not provide any warranty or commitment that it will require any, or any minimum level of, such works under any of the lots.

If this lot is awarded, the contracting entity will enter into a Framework Agreement with one economic operator for this lot (in the form attached at Appendix M of the tender documents) with call-off contracts allocated on a direct award basis, as set out in the call-off procedure (in Appendix C of the Tender Documents).

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: 11 700 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 78
This contract is subject to renewal: yes
Description of renewals:

At the end of the term, the framework arrangement may be subject to retender.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 8
Objective criteria for choosing the limited number of candidates:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

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

Each Framework Agreement will be for a period of three (3) years and six (6) months with an option, exercisable entirely at the discretion of the contracting entity and subject to the terms of the Framework Agreement, to extend by a further optional period of up to three (3) years, with a total potential duration of six (6) years and six (6) months.

The contracting entity will not award a Framework Agreement for all three (3) lots. It is the contracting entity’s intention, following conclusion of the procurement process, to award either:

(a) a Framework Agreement to the successful economic operator(s) for each of Lot 1 and Lot 2; or

(b) a Framework Agreement to the successful economic operator for Lot 3. The procurement documents detail the criteria and process to be adopted to determine whether the contracting entity awards separate Framework Agreements for lots 1 and 2 or a single Framework Agreement for Lot 3. The choice between lots will be based on the basis of both the quality and price proposals put forward by economic operators.

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’ attention is drawn to the specific requirements outlined in Section VI.3 – Additional Information below.

II.2)Description
II.2.1)Title:

Lot 3: Belfast and East Districts combined

Lot No: 3
II.2.2)Additional CPV code(s)
45000000
45112000
45112100
45112400
45200000
45220000
45230000
45231000
45232000
45232200
45314300
45314310
II.2.3)Place of performance
NUTS code: UKN
Main site or place of performance:

NORTHERN IRELAND.

II.2.4)Description of the procurement:

This lot will include:

1) The excavation and reinstatement of trenches and joint holes;

2) Installation of electricity cables (33kV, 11kV, LV mains and LV service) and related equipment (including minipillars, underground distribution boxes, auxiliary cables, ducts, etc.) associated with:

(a) provision of new customer connections;

(b) fault and emergency response;

(c) asset installation/replacement/upgrade works.

3) Cable jointing of 33kV, 11kV, LV and service cables;

4) Management of streetworks activities including signing, lighting and guarding of works to Chapter 8 of the traffic signs manual.

Economic operators should note that whilst cable jointing of 33kV, 11kV, LV and service cables is included within the description of works above and economic operators will be required to submit details of their proposed pricing for such works if short-listed for tender stage, to date the contracting entity has undertaken most of these works itself. Inclusion of this element of works then is an option which the contracting entity may or may not avail of during the term of the Framework Agreements awarded for each of the Lots and the contracting entity does not provide any warranty or commitment that it will require any, or any minimum level of, such works under any of the lots.

If this lot is awarded, the contracting entity will enter into a Framework Agreement with one economic operator for this lot (in the form attached at Appendix M of the Tender Documents) with call-off contracts allocated on a direct award basis, as set out in the call-off procedure (in Appendix C of the Tender Documents).

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: 33 200 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 78
This contract is subject to renewal: yes
Description of renewals:

At the end of the term, the framework arrangement may be subject to retender.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 8
Objective criteria for choosing the limited number of candidates:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

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

Each Framework Agreement will be for a period of three (3) years and six (6) months with an option, exercisable entirely at the discretion of the contracting entity and subject to the terms of the Framework Agreement, to extend by a further optional period of up to three (3) years, with a total potential duration of six (6) years and six (6) months.

The contracting entity will not award a Framework Agreement for all three (3) Lots. It is the contracting entity’s intention, following conclusion of the procurement process, to award either:

(a) a Framework Agreement to the successful economic operator(s) for each of Lot 1 and Lot 2; or

(b) a Framework Agreement to the successful economic operator for Lot 3. The procurement documents detail the criteria and process to be adopted to determine whether the contracting entity awards separate Framework Agreements for Lots 1 and 2 or a single Framework Agreement for Lot 3. The choice between lots will be based on the basis of both the quality and price proposals put forward by economic operators.

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’ attention is drawn to the specific requirements outlined in Section VI.3 – Additional Information below.

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:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

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

In addition to the selection criteria as stated in the procurement documents, economic operators should note that a cumulative financial assessment will apply at pre-qualification stage where an economic operator is applying for more than one lot. Further information is contained within MoI – Part B.

III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.1.4)Objective rules and criteria for participation
List and brief description of rules and criteria:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

III.1.5)Information about reserved contracts
III.1.6)Deposits and guarantees required:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference project B947 (2020) excavation, cable laying and reinstatement.

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
Negotiated procedure with prior call for competition
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: 2
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: 31/05/2019
Local time: 15:00
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: 6 (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: yes
VI.2)Information about electronic workflows
VI.3)Additional information:

The contracting entity will not award a Framework Agreement for all three (3) lots. It is the contracting entity’s intention, following conclusion of the procurement process, to award either:

(a) a Framework Agreement to the successful economic operator(s) for each of Lot 1 and Lot 2; or

(b) a Framework Agreement to the successful economic operator for Lot 3. The procurement documents detail the criteria and process to be adopted to determine whether the contracting entity awards separate Framework Agreements for Lots 1 and 2 or a single Framework Agreement for Lot 3. The choice between lots will be based on the basis of both the quality and price proposals put forward by economic operators.

Economic operators should be aware that, where an economic operator is applying for both Lot 1 and Lot 2, a cumulative financial assessment will apply. Further information is contained in MoI — Part B.

Where an economic operator awarded a Framework Agreement for any Lot (as applicable) subsequently becomes ineligible, withdraws from the procurement or has its Framework Agreement terminated by the contracting entity for any reason, the contracting entity may, but shall not be obliged to, award a Framework Agreement to a replacement economic operator that was ranked originally in that lot following completion of this competition. In such instance, the contracting entity would award the Framework Agreement to the economic operator that ranked in second place in the original competition for that lot, on the basis of its original tender response or BAFO (as applicable). For the avoidance of doubt, in these circumstances, the contracting entity will not revisit its decision on the choice between lots.

Framework Agreements will be subject to performance reviews and require compliance with key performance indicators, as detailed therein. Economic operators that do not successfully pass the annual performance review will have their Framework Agreement terminated, in accordance with the terms of the Framework Agreement. In the event that an economic operator appointed to more than one lot has their Framework Agreement terminated for one lot, the contracting entity reserves the right to terminate the economic operator's Framework Agreement for the remaining Lot(s).

economic operators should note that, in accordance with the provisions of Appendix F9 of the tender documents, if the contracting entity requests that the economic operator puts in place an improvement plan in relation to any works undertaken under any lot, this may result in temporary restrictions on that economic operator's eligibility to be awarded call-off contracts under any lot to which it is appointed.

The contracting entity cannot guarantee the quantity or continuity of works to be instructed under the contract for each lot.

The contracting entity will not be responsible for meeting any costs incurred by any successful economic operator should the number of opportunities fall short of a successful economic operator's expectations. The contracting entity reserves the right to procure similar or identical work outside the Framework Agreement.

Where an economic operator awarded a Framework Agreement subsequently becomes ineligible or withdraws from the procurement, the contracting entity will not be obliged to but may award a Framework Agreement to a replacement economic operator.

The costs of responding to this OJEU notice and participation in the procurement will be borne by each economic operator. All discussions and correspondence will be deemed strictly subject to contract until a formal Framework Agreement is entered into. Economic operators should note that only once the contracting entity has entered into a call-off contract under a Framework Agreement will there be a binding commitment to deliver the works. A Framework Agreement will not be binding until it has been signed and dated by the authorised representatives of both parties.

VI.4)Procedures for review
VI.4.1)Review body
Northern Ireland Electricity Networks Ltd
120 Malone Road
Belfast
BT9 5HT
United Kingdom
VI.4.2)Body responsible for mediation procedures
Northern Ireland Electricity Networks Ltd
120 Malone Road
Belfast
BT9 5HT
United Kingdom
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The contracting entity will incorporate a minimum 10 calendar day standstill period at the point information on the award of the Framework Agreements is communicated to all economic operators. The standstill period provides time for unsuccessful economic operators to challenge the award decision before the Framework Agreements are entered into. The Utilities Contracts Regulations 2016 provide 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 (Northern Ireland).

VI.4.4)Service from which information about the review procedure may be obtained
High Court of Justice in Northern Ireland
Royal Courts of Justice, Chichester Street
Belfast
BT1 3JY
United Kingdom
VI.5)Date of dispatch of this notice:
01/05/2019