United Kingdom-Glasgow: Ground investigation work
Section I: Contracting authority
Main address: http://www.transport.gov.scot
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00099
Section II: Object
Multi-supplier Framework Agreement for Ground Investigation Works
The procurement comprises the establishment of a Multi-supplier Framework Agreement (MFA) with a number of ground investigation contractors to carry out and report on ground investigation works of varying scope, complexity and value in connection with trunk road and other transport infrastructure schemes promoted by the Scottish Ministers through Transport Scotland. Once the MFA is concluded, individual ground investigation contracts can be called -off by mini-competition or other procedures in accordance with the agreement.
The MFA is divided into 2 lots by estimated value of the individual ground investigation call-off contracts.
Multi-supplier Framework Agreement for Ground Investigation Works Lot 1 less than 500 000 GBP
Sites across Scotland, predominantly in connection with the trunk road network.
The Scottish Ministers acting through Transport Scotland have identified a continuing need for ground investigation works to support the development and delivery of trunk road and other transport infrastructure schemes throughout Scotland.
The procurement comprises the establishment of a Multi-supplier Framework Agreement (MFA) with a number of ground investigation contractors who have demonstrated their suitability, economic and financial standing and technical and professional ability to carry out and report on ground investigation works of varying scope, complexity and value in connection with trunk road and other transport infrastructure schemes promoted by the Scottish Ministers through Transport Scotland.
Once the MFA is concluded, individual ground investigation contracts can be called-off by mini-competition or other procedures in accordance with the agreement.
The MFA is divided into 2 Lots by estimated value of the individual ground investigation call-off contracts.
The framework shall be administered by Transport Scotland and shall be open to all its directorates, but it is anticipated that the majority of call-offs will relate to trunk road schemes managed by Major Projects and Roads directorates and their technical and professional advisors including Trunk Road Operating Companies.
Ground investigation works required by individual call-off contracts may include but shall not be limited to any or all of the following.
A. Works may require the supply and provision of:
— suitably qualified and experienced professional and technical personnel,
— facilities (including for the Engineer/employer’s representative),
— traffic management.
B. Works may comprise a range of investigatory methods and associated activities including:
— mobilising to site,
— accessing exploratory locations,
— breaking out,
— drilling (including open-hole, cored and sonic),
— pitting and trenching,
— probing and penetration testing,
— geotechnical sampling (including core samples),
— geoenvironmental sampling (including water and gas),
— in-situ testing,
— geophysical testing,
— geophysical profiling and mapping,
— installing monitoring equipment,
— monitoring/sampling of installations during and after sitework,
— site record keeping,
— geotechnical laboratory testing,
— geoenvironmental laboratory testing,
— surveying hole locations,
— factual reporting,
— providing digital data.
C. Works may be required in a range of locations including:
— sites throughout mainland Scotland (and Skye),
— sites subject to adverse weather conditions (cold/wet/windy),
— forested/wooded/overgrown sites,
— agricultural sites, including those subject to biosecurity measures,
— environmentally-sensitive sites,
— urban sites,
— on and adjacent to trunk and local roads with live traffic,
— on and adjacent to railways, utility cables and pipelines,
— sites remote from the road network,
— steeply sloping ground,
— over water,
— ground affected by contamination,
— ground affected by underground voids.
D. Works may encounter a range of ground conditions including:
— unconsolidated granular and cohesive soils,
— overconsolidated glacial till (‘boulder clay’),
— coarse granular (‘cobble’) deposits,
— made ground and fill,
— hard (igneous and metamorphic) rocks,
— broken rock,
— underground voids,
— artesian groundwater.
E. Works shall be required to comply with specific requirements including:
— UK/Scottish legislation as appropriate including that relating to health and safety and environmental protection (including undertaking the role of principal contractor in accordance with the construction (design and management) Regulations),
— Eurocode 7 and other relevant CEN and BSI standards,
— the employer’s requirements (including the DMRB and MCHW),
— the requirements of roads authorities,
— special requirements of UK/Scottish public and statutory bodies including utility undertakers,
— particular requirements of key stakeholders including landowners/occupiers.
The Scottish Ministers intend to invite 8 bidders to tender for Lot 1, comprising the 8 bidders who have:
— submitted compliant ESPD submissions,
— are not excluded by virtue of the criteria in ESPD Part III,
— gained PASSES in respect of the economic and financial criteria in ESPD Part IV Section 4B,
— gained PASSES in respect of the suitability and technical and professional ability and management systems criteria in ESPD Part IV Sections 4A, 4C and 4D,
— scored at least 2 in respect of each statement in ESPD Part IV Section 4C criterion 4C1 Part D,
— achieved the first, second, third, fourth, fifth, sixth, seventh or eighth highest ranked Total Score for ESPD, Part IV, Section 4C, criterion [4C1.1/4C1.2], Part D.
Any submission which fails to comply with the first 5 conditions shall be excluded from the ranking of scores for the final condition.
General exclusion grounds are set out in the ESPD Part III Exclusion Grounds.
The Scottish Ministers additionally require bidders to respond on specific discretionary exclusion grounds related to health and safety.
The requirement is set out in full in the ESPD, Section 4C Technical and Professional Ability, criterion [4C1.1/4C1.2] Relevant Examples, Part F.
Multi-supplier Framework Agreement for Ground Investigation Works Lot 2 Greater than 500 000 GBP
— coarse granular (“cobble”) deposits,
— UK/Scottish legislation as appropriate including that relating to health and safety and environmental protection (including undertaking the role of Principal Contractor in accordance with the Construction (Design and Management) Regulations),
The Scottish Ministers intend to invite 8 bidders to tender for Lot 2, comprising the 8 bidders who have:
— gained PASSES in respect of the economic and financial criteria in ESPD Part IV Section 4B
Section III: Legal, economic, financial and technical information
The relevant requirement is set out in the ESPD, Part IV Selection Criteria, criterion [4A1b] Enrolment in a trade register. The following statement clarifies the requirement:
If required by the member state, bidders are required to be enrolled in the relevant professional or trade registers within the country in which they are established.
The relevant trade register in the UK is the Companies House register https://www.gov.uk/government/organisations/companies-house or equivalent in other countries.
The relevant requirements are set out in the ESPD, Part IV Selection Criteria, Section 4B Economic and Financial Standing.
With reference to criterion [4B5] Insurance, the required levels of insurance are general minima; insurance requirements specific to each task order or supplementary task order shall be stated in the works brief issued for each mini-competition. For individual call-off contracts, there may be additional levels of insurance, for example those imposed by third parties including network rail. Where, exceptionally, the employer shall require professional indemnity insurance in relation any task order or supplementary task order (for example, for the design of ancillary works, or for the provision of interpretation or advice), such insurance shall be arranged separately as agreed between the Parties. Additional information on insurances will be provided with the tender documents.
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 4B1a 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 4B6 provide the name, range and score of 9 financial criteria for each year 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 4B5a, b and c 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) to (c), economic operators must provide a link/ copies of the associated annual accounts as filed at Companies House (or equivalent if not a UK registered company). For the avoidance of doubt, if an economic operator fails to provide accounts relating to its last 2 full years of trading that are due to have been filed, that economic operator will be excluded.
Where economic operators have not yet been trading for a full 2-year period, such that filed accounts are not yet due and available, and limited only to that circumstance, the required information to support (a) to (c) above may take the form of appropriate third party/statements setting out turnover, profit and loss, cashflow (current and forecast) and the economic operator’s credit facility position. Note there will, however, be a negative scoring implication, as noted below and in the additional documents.
This above information is 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.
Economic operators shall be required to satisfy minimum standards of economic and financial standing. These are described below:
Evaluation Criteria Ratios (Question Ref. 4B6)
The following 9 evaluation criteria shall be scored, for each year for the last 2years of trading, or for the period which is available if trading for less than 2 years:
1) acid test ratio;
2) cash interest cover ratio;
3) return on capital employed;
4) operating profit ratio;
5) net worth;
7) annual contract value to turnover;
8) filed accounts;
9) audit report.
The scoring mechanism can be downloaded via the Additional Documents, located within the Additional Notice Options of the Public
Contracts Scotland portal (www.publiccontractsscotland.gov.uk). For the purpose of calculating the Annual Contract Value to Turnover ratio the estimated value in II.2.6 of this Contract Notice shall be adopted. Similarly, the duration of the framework agreement shall be 4 years.
The 9 evaluation criteria will be individually scored and given a total aggregated score, out of a possible 50 marks, for each year of trading. Subsequently, each year’s score will be weighted, with the most recent (‘Year 1’) weighted at 2/3rds and the previous (‘Year 2’) weighted at 1/3rd, and then aggregated to form an overall score for the 2 years out of 50 marks.
If the economic operator is trading for less than 2 years, their financial ratios for the most recent full year of trading will be weighted at 2/3rds scored out of the total 50 marks. If the economic operator is trading for less than 1 year the information provided under III.1.2 b), will be prorated up to 1 year to calculate financial ratios for the a full year and this will be weighted at 2/3rds and scored out of the total 50 marks.
A submission shall be marked as a fail and will not be considered further if the score achieved by an economic operator (either a single economic operator or a group of economic operators) is less than 25 marks, out of the potential total aggregated score of 50 marks.
A submission shall be marked as a fail and will not be considered further if the economic operator is unable to provide appropriate information to enable the calculation of the financial ratios.
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.
A ‘group of economic operators’ is defined as an unincorporated consortium or joint venture.
The selection criteria are set out in the ESPD, Part IV Selection Criteria, Section 4C Technical and professional ability and Section 4D Quality assurance schemes and environmental management standards. The requirements relate to:
— Relevant examples of work (including scored and weighted statements of bidders' experience) [ESPD 4C1]
— technicians to carry out the work [ESPD 4C2],
— technical facilities [ESPD 4C3],
— educational and professional qualifications [ESPD 4C6],
— tools plant or technical equipment [ESPD 4C9],
— quality assurance [ESPD 4D1],
— environmental Management [ESPD 4D2].
The Scottish Ministers additionally require bidders to respond on health and safety management standards. The Scottish Ministers require ground investigations to be carried out under a health and safety management system complying with BS OHSAS 18001 (or equivalent) or ISO 45001 (or equivalent).
The minimum standards are set out in the ESPD, Part IV Selection Criteria, Section 4C Technical and Professional Ability and Section 4D Quality Assurance Schemes and Environmental Management Standards.
Selection criteria are marked as pass/fail, with the exception of the scored and weighted statements of bidders' experience. Full details are given in the ESPD.
With respect to health and safety management systems, bidders are required to state what evidence of compliance can be provided in ESPD [4C1] Part G.
Project Bank Account:
It is the intention that for any call-off under Lot 2 of the Framework where the contract value is over 5 000 000 GBP that a mandatory Project Bank Account (PBA) will be operated. This is a project specific account ring fenced with effective Trust status, for payment of the contractor and its 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 and 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.
Section IV: Procedure
Section VI: Complementary information
Transport Scotland will conduct the proposed procurement process for the Framework on behalf of the Scottish Ministers. In the event of the conclusion of the Framework, it is the intention that the Framework will be entered into between the Scottish Ministers and the 5 most economically advantageous tenderers for each lot.
Each selected economic operator shall be invited to submit a tender on the same contract terms.
The submission, comprising the completed ESPD, shall be submitted via the Public Contracts Scotland portal, by no later than 12:00 BST on Monday 8.7.2019.
The Scottish Ministers shall not evaluate any submission received past the specified deadline.
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 Public Contracts Scotland portal is 12:00 BST on Friday 21.6.2019.
To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at: https://www.publiccontractsscotland.gov.uk/
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility.
Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=584347.
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
The Contracting Authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
Further sub-contracting will be addressed at the tender stage.
The following clarifies the requirements for responding to the ESPD, Part II, criteria [2C] Reliance and [2D] Sub-contracting:
If the bidder relies on the capacities of other entities in order to meet the selection criteria 4C.1, 4D.1 or 4D.2, then answer ‘Yes’ to criterion [2C1] Reliance.
Note: a separate ESPD is required for each such entity.
If the bidder requires to subcontract to third parties to meet the requirements of selection criteria 4C.2.1, 4C.3, 4C.6, 4C.9, then answer ‘Yes’ to criterion [2D1] Subcontracting and, in so far as they are known, please list the proposed subcontractors in [2D1.1].
Note: such entities should not be included in criterion [2C1] Reliance and separate ESPDs are not required.
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 supplier will be required to deliver community benefits 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,
— sub-contracting opportunities and supply chain initiatives for SME’s, supported businesses and the third sector,
— community enhancement for community groups and projects,
— all site-based employment opportunities (including those with sub-contractors) are to be notified to job centres (both local and national job centres (Jobcentre Plus)).
Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=584347
Internet address: http://www.transport.gov.scot
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.