Works - 292911-2019

25/06/2019    S120    - - Works - Contract notice - Competitive procedure with negotiation 

United Kingdom-London: Construction work for highways, roads

2019/S 120-292911

Contract notice

Works

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Transport for London
Palestra, 197 Blackfriars Road
London
SE1 8NJ
United Kingdom
Contact person: Mr Scott Spencer
Telephone: +44 2071261912
E-mail: ScottSpencer@tfl.gov.uk
NUTS code: UKI

Internet address(es):

Main address: https://tfl.gov.uk

Address of the buyer profile: https://tfl.gov.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://procontract.due-north.com/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://procontract.due-north.com/
I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
General public services

Section II: Object

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

London Highway Maintenance and Projects Framework

Reference number: tfl_scp_001746a
II.1.2)Main CPV code
45233100
II.1.3)Type of contract
Works
II.1.4)Short description:

TfL is establishing 3 single supplier frameworks for highway maintenance and capital renewals and enhancements and associated works and services within the framework scope as outlined in this Contract Notice and as more particularly described in the procurement documents, across London for use by TfL and other Contracting Authorities identified in this Contract Notice. Each framework will represent different geographic areas as its ‘core area’ across London. The intended start date of the frameworks is October 2020 to allow mobilisation in order to commence service delivery in April 2021. Bidders should note that estimated values in this Notice do not include works that may be instructed by private developers. Economic operators (EO) will be permitted to submit tenders for 1 or more lots, but if 1 EO is successful in more 1 lot, the award of the 3 frameworks will be based on the most economically advantageous solution across the 3 lots as detailed in the procurement documents.

II.1.5)Estimated total value
Value excluding VAT: 1 423 000 000.00 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: 1
II.2)Description
II.2.1)Title:

Central Area

Lot No: 1
II.2.2)Additional CPV code(s)
44113000
45111240
45111250
45213311
45213314
45221119
45232452
45233139
45233141
45432112
50232100
50232110
71322000
71510000
II.2.3)Place of performance
NUTS code: UKI
II.2.4)Description of the procurement:

This framework relates to the delivery of core services and any task orders instructed and has a core area covering the Central Area of London, which comprises the geographic area covered by London Boroughs of Camden, Hackney, Hammersmith and Fulham, Islington, Kensington and Chelsea, Lambeth, Southwark, Tower Hamlets, Wandsworth, Westminster and the City of London and such contiguous areas in London, but outside such London Borough boundaries (and outside the boundaries of the London Boroughs covered by Lot 2 and Lot 3), which have assets which TfL is responsible for as a ‘Highway Authority’ pursuant to relevant highways legislation.

The successful contractor for Lot 1 will be required to deliver the core services and any task orders instructed where a call-off contract is placed by TfL or any of the London Boroughs listed above or other Contracting Authorities (as referred to in Section VI.3) below) and where such core services and any task orders are to be delivered in the core area.

TfL or other Contracting Authorities (as referred to in Section VI.3) below) that have a call-off contract in place with the successful Lot 1 contractor may also instruct that contractor to carry out task orders in the areas covered by Lot 2 and/or Lot 3 of this Contract Notice.

The successful contractor for Lot 1 may also be requested (but will not be obliged) to deliver the core services and any task orders instructed in the areas covered by Lot 2 and/or Lot 3 of this Contract Notice under a call-off contract placed by a London Borough situated in Lot 2 and/or Lot 3.

The framework scope includes the following:

— highway maintenance (including emergency call out, reactive repair, routine/cyclic activities),

— construction of capital renewal and enhancement schemes,

— works and services to the following highway assets: road pavements (including, without limitation, minor repairs and resurfacing), kerbs, footways and paved areas, traffic signs, street lighting, road markings, fencing, road restraint systems (including, pedestrian guard railing), drainage, embankments and other earthworks, green estate, horticulture, landscaping and ecology, street furniture, bridges and other structures and any other assets treated as part of the highway fabric,

— design services associated with the highway assets described above or the Core Services and any Task Orders to be instructed, or design services for discrete highways schemes as required,

— the following services, related to the highway assets described above or related to the core services and any task orders to be instructed: safety inspections, winter service, street cleansing; response to support the customer with regard to special events e.g. Tour de France and other on-street sporting events, civic and community events and response to support the customer in responding to large scale emergencies including natural disasters, civil engineering pre-construction support, including construction advice, buildability reviews, value engineering reviews, cost assessment, schedule assessment, risk assessment, construction methodology assessment and engineering surveys and investigations associated with schemes or any other purpose required by the customer in undertaking its functions, and

— any ancillary or incidental works, services or supplies related to the scope described above.

All as more particularly described in the procurement documents.

Lots 1 and/or 2 also includes core services and the ability to instruct task orders on other TfL owned assets currently being delivered under other contracts, following their expiry or termination. This includes the A13 road currently being maintained under Design, Build, Finance and Operate (DBFO) arrangements due to expire in 2030.

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: 551 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 01/04/2021
End: 31/03/2033
This contract is subject to renewal: yes
Description of renewals:

The scope of the services required by the Framework Agreement(s) is a continuing requirement by TfL and London Boroughs as highway authorities. Such services will continue to be required following expiry of this framework but the procurement and contracting strategy may change.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Maximum number: 6
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

TfL may extend the framework beyond the initial term for up to 4 years at its discretion. Call-off contract durations are not envisaged to extend past the framework duration (initial or extended). Framework terms will continue to apply to task orders instructed before expiry of the framework, but which have not completed before the framework is due to expire, up to completion of such task orders.

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 values in Section II.1.5) and Section II.2.6) represent the maximum estimated value of works and/or services anticipated to be awarded across all 3 frameworks or under this lot (as applicable). The estimated total value range may be 791 000 000 to 1 423 000 000 GBP and the estimated value range for Lot 1 may be 301 000 000 to 551 000 000 GBP. See also Annex 1 of the SQ.

II.2)Description
II.2.1)Title:

North Area

Lot No: 2
II.2.2)Additional CPV code(s)
44113000
45111240
45111250
45213311
45213314
45221119
45232452
45233139
45233141
45432112
50232100
50232110
71322000
71510000
II.2.3)Place of performance
NUTS code: UKI
II.2.4)Description of the procurement:

This framework relates to the delivery of core services and any task orders instructed and has a core area covering the North Area of London, which comprises the geographic area covered by London Boroughs of Barking and Dagenham, Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Havering, Hillingdon, Hounslow, Newham, Redbridge and Waltham Forest and such contiguous areas in London, but outside such London Borough boundaries (and outside the boundaries of the London Boroughs covered by Lot 1 and Lot 3), which have assets which TfL is responsible for as a ‘Highway Authority’ pursuant to relevant highways legislation.

The successful contractor for Lot 2 will be required to deliver core services and any task orders instructed where a call-off contract is placed by TfL or any of the London Boroughs listed above or other Contracting Authorities (as referred to in Section VI.3 below) and where such core services and any task orders are to be delivered in the core area.

TfL or other Contracting Authorities (as referred to in Section VI.3) below) that have a call-off contract in place with the successful Lot 2 contractor may also instruct that contractor to carry out task orders in the areas covered by Lot 1 and/or Lot 3 of this Contract Notice.

The successful contractor for Lot 2 may also be requested (but will not be obliged) to deliver core services and any task orders instructed in the areas covered by Lot 1 and/or Lot 3 of this Contract Notice under a call-off contract placed by a London Borough situated in Lot 1 and/or Lot 3.

The framework scope includes the following:

— highway maintenance (including emergency call out, reactive repair, routine/cyclic activities),

— construction of capital renewal and enhancement schemes,

— works to the following highway assets: road pavements (including minor repairs and resurfacing), kerbs, footways and paved areas, traffic signs, street lighting, road markings, fencing, road restraint systems (including, without limitation, pedestrian guard railing), drainage, embankments and other earthworks, green estate, horticulture, landscaping and ecology, street furniture, bridges and other structures,

— design services associated with the highway assets described above or the core services and any task orders to be instructed, or design services for discrete highways schemes as required,

— the following services, related to the highway assets described above or related to the core services and any task orders to be instructed: safety inspections, winter service, street cleansing; response to support the customer with regard to special events e.g. Tour de France and other on-street sporting events, civic and community events and response to support the customer in responding to large scale emergencies including natural disasters, civil engineering pre-construction support, including construction advice, buildability reviews, value engineering reviews, cost assessment, schedule assessment, risk assessment, construction methodology assessment and engineering surveys and investigations associated with schemes or any other purpose required by the customer in undertaking its functions, and

— any ancillary or incidental works, services or supplies related to the scope described above.

All as more particularly described in the procurement documents.

Lots 1 and/or 2 also includes core services and the ability to instruct Task Orders on other TfL owned assets currently being delivered under other contracts, following their expiry or termination. This includes the A13 road currently being maintained under Design, Build, Finance and Operate (DBFO) arrangements due to expire in 2030.

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: 501 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 01/04/2021
End: 31/03/2033
This contract is subject to renewal: yes
Description of renewals:

The scope of the services required by the Framework Agreement(s) is a continuing requirement by TfL and London Boroughs as highway authorities. Such services will continue to be required following expiry of this framework but the procurement and contracting strategy may change.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Maximum number: 6
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

TfL may extend the framework beyond the initial term for up to 4 years at its discretion. Call-off contract durations are not envisaged to extend past the framework duration (initial or extended). Framework terms will continue to apply to task orders instructed before expiry of the framework, but which have not completed before the framework is due to expire, up to completion of such task orders.

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 values in Section II.1.5) and Section II.2.6) represent the maximum estimated value of works and/or services anticipated to be awarded across all 3 frameworks or under this lot (as applicable). The estimated total value range may be 791 000 000 to 1 423 000 000 GBP and the estimated value range for Lot 2 may be 280 000 000 to 501 000 000 GBP. See also Annex 1 of the SQ.

II.2)Description
II.2.1)Title:

South Area

Lot No: 3
II.2.2)Additional CPV code(s)
44113000
45111240
45111250
45213311
45213314
45221119
45232452
45233139
45233141
45432112
50232100
50232110
71322000
71510000
II.2.3)Place of performance
NUTS code: UKI
II.2.4)Description of the procurement:

This framework relates to the delivery of core services and any task orders instructed and has a core area covering the South Area of London, which comprises the geographic area covered by London Boroughs of Bexley, Bromley, Croydon, Greenwich, Kingston upon Thames, Lewisham, Merton, Richmond upon Thames and Sutton and such contiguous areas in London, but outside such London Borough boundaries (and outside the boundaries of the London Boroughs covered by Lot 1 and Lot 2), which have assets which TfL is responsible for as a ‘Highway Authority’ pursuant to relevant highways legislation.

The successful contractor for Lot 3 will be required to deliver core services and any task orders instructed where a call-off contract is placed by TfL or any of the London Boroughs listed above or other Contracting Authorities (as referred to in Section VI.3) below) and where such core works and any task orders are to be delivered in the core area.

TfL or other Contracting Authorities (as referred to in Section VI.3) below) that have a call-off contract in place with the successful Lot 3 contractor may also instruct that contractor to carry out task orders in the areas covered by Lot 1 and/or Lot 2 of this Contract Notice.

The successful contractor for Lot 3 may also be requested (but will not be obliged) to deliver core services and any task orders instructed in the areas covered by Lot 1 and/or Lot 2 of this Contract Notice under a call-off contract placed by a London Borough situated in Lot 1 and/or Lot 2.

The framework scope includes the following:

— highway maintenance (including emergency call out, reactive repair, routine/cyclic activities),

— construction of capital renewal and enhancement schemes,

— works to the following highway assets: road pavements (including minor repairs and resurfacing), kerbs, footways and paved areas, traffic signs, street lighting, road markings, fencing, road restraint systems (including, without limitation, pedestrian guard railing), drainage, embankments and other earthworks, green estate, horticulture, landscaping and ecology, street furniture, bridges and other structures,

— design services associated with the highway assets described above or the core services and any task orders to be instructed, or design services for discrete highways schemes as required,

— the following services, related to the highway assets described above or related to the core services and any task orders to be instructed: safety inspections, winter service, street cleansing; response to support the customer with regard to special events e.g. Tour de France and other on-street sporting events, civic and community events and response to support the customer in responding to large scale emergencies including natural disasters, civil engineering pre-construction support, including construction advice, buildability reviews, value engineering reviews, cost assessment, schedule assessment, risk assessment, construction methodology assessment and engineering surveys and investigations associated with schemes or any other purpose required by the customer in undertaking its functions, and

— any ancillary or incidental works, services or supplies related to the scope described above.

All as more particularly described in the procurement 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: 371 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 01/04/2021
End: 31/03/2033
This contract is subject to renewal: yes
Description of renewals:

The scope of the services required by the Framework Agreement(s) is a continuing requirement by TfL and London Boroughs as highway authorities. Such services will continue to be required following expiry of this framework but the procurement and contracting strategy may change.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Maximum number: 6
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

TfL may extend the framework beyond the initial term for up to 4 years at its discretion. Call-off contract durations are not envisaged to extend past the framework duration (initial or extended). Framework terms will continue to apply to task orders instructed before expiry of the framework, but which have not completed before the framework is due to expire, up to completion of such task orders.

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 values in Section II.1.5) and Section II.2.6) represent the maximum estimated value of works and/or services anticipated to be awarded across all 3 frameworks or under this lot (as applicable). The estimated total value range may be 791 000 000 to 1 423 000 000 GBP and the estimated value range for Lot 3 may be 210 000 000 to 371 000 000 GBP. See also Annex 1 of the SQ.

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:

Economic operators wishing to participate should access the detailed procurement documents referred to in this Contract Notice, decide on their interest in and capacity and capability for delivering the core services and any task orders instructed which are the subject matter of this Contract Notice and complete and submit the selection questionnaire by the deadline date specified in Section IV.2.2). Further instructions and guidance are included in the selection questionnaire and other procurement documents. TfL is hosting a Bidders’ Conference on 16.7.2019 at TfL Offices to share information about these frameworks. Economic operators wishing to attend should contact the person identified in Section I.1) of this Contract Notice for further details.

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:

Conditions related to the Framework Agreement and the form of call-off contract are as stated 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
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
In the case of framework agreements, provide justification for any duration exceeding 4 years:

A term of between eight to twelve years is required for successful contractors to write down the cost of specialist fleet, secure appropriate premises at economic prices and obtain suitable return for training and other people-related investment to secure the longer term objectives of continuous improvement and delivery efficiencies. Further information is in Annex 1 of the SQ.

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
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: 2018/S 088-196674
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 29/07/2019
Local time: 17:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 06/09/2019
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
Duration in months: 8 (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
VI.3)Additional information:

The procurement process is being conducted by TfL (a functional body of the Greater London Authority (GLA)) under the Public Contracts Regulations 2015 on behalf of itself, other members of the GLA (including London Legacy Development Corporation, Old Oak and Park Royal Development Corporation, the London Fire Commissioner and the Mayor’s Office for Policing and Crime), London Boroughs and the City of London. These Contracting Authorities, and any private developers whose developments impact on the Transport for London Road Network (TLRN), may (but are not obliged to) call-off Core Services and instruct task orders under these frameworks.

The draft Invitation to Submit Initial Tenders (ISIT) forms part of the procurement documents and will be accessible in the week commencing 24.6.2019. Behavioural assessment will form part of the evaluation of tenderers’ initial offers; further details will be included in the draft ISIT.

The successful contractor must secure such appropriate premises as it sees fit to deliver the core services and any instructed task orders. TfL is investigating whether there are sites within Lot 1 and Lot 2 which it may offer for this procurement, but cannot provide certainty about availability or suitability of such sites. See the procurement documents for further details; TfL will provide an update at the tender stage.

These frameworks are part of a suite of contracts/frameworks which TfL wishes to place for works/services (including inspections) relating to various TfL Surface Transport assets. Further details are set out in the procurement documents. Given the interface between, and potential conflict of interest that may arise, if a successful highways maintenance framework contractor were to also become the infrastructure inspection contractor, any tenderer tendering for both frameworks will be required to demonstrate to TfL’s satisfaction that it has put in place appropriate conflicts avoidance measures (and these will form part of any contract, if the tenderer is successful in both procurements).

TfL reserves the right to withdraw from the procurement process and may award Framework Agreements in whole, in part, or not at all as a result of this call for competition. Entering into 1 or more Framework Agreements does not guarantee any level of core services or task orders will be called-off by TfL and/or any other contracting authority. TfL shall not be liable for any costs or expenses incurred by any candidates in considering and/or responding to the procurement process. All discussions and meetings will be conducted in English.

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.

To express an interest in this tender, economic operators need to complete and submit a response to the Selection Questionnaire (SQ) by the deadline date in Section IV.2.2). To access the procurement documents and complete and submit the SQ, an economic operator will need to be registered on the online e-tendering portal. To register or to check if you are already registered log on to https://procontract.due-north.com

Economic operators must read the instructions carefully before proceeding with registration. Video tutorials, FAQ’s and help pages are included in the Help Centre ‘Responding to Tenders’ section of the e-tendering website (https://supplierhelp.due-north.com/).

For further assistance consult the online help, contact ‘log a ticket’ on the supplier support portal (http://www.proactis.com/Support), or send a message to TfL via the clarifications area on the portal.

VI.4)Procedures for review
VI.4.1)Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

TfL will observe a standstill period for a minimum of 10 calendar days from when the contract award notice is issued to bidders. That notice will provide full information on the award decision. The standstill period provides time for unsuccessful bidders to challenge the award decision before the Framework Agreements are entered into. Any appeal or request for additional information should be sent to TfL (name and address as in Section I.1) of the Contract Notice). 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).

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
21/06/2019