Works - 300063-2016

31/08/2016    S167    - - Works - Contract notice - Restricted procedure 

United Kingdom-Londonderry: Construction work for multi-dwelling buildings and individual houses

2016/S 167-300063

Contract notice

Works

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Apex Housing Association Limited
10 Butcher Street, Derry
Londonderry
BT48 6HL
United Kingdom
Contact person: Procurement Officer
E-mail: development@apex.org.uk
NUTS code: UKN0

Internet address(es):

Main address: http://www.apex.org.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: http://www.apex.org.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the following address:
Apex Housing Association Limited
10 Butcher Street
Belfast
BT48 6HL
United Kingdom
Contact person: Director of Development and Procurement
E-mail: development@apex.org.uk
NUTS code: UKN0

Internet address(es):

Main address: http://www.apex.org.uk

I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
Housing and community amenities

Section II: Object

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

Framework Agreement for the Provision of Sites and Design and Build of General Needs Social Housing and Affordable Housing for Sale Schemes.

II.1.2)Main CPV code
45211000
II.1.3)Type of contract
Works
II.1.4)Short description:

Apex Housing Association (Apex) provides housing and support at affordable costs for those in need. Apex aims to meet the particular requirements of families and individuals through the provision of accommodation and associated services for General Needs Social Housing and Affordable Housing for Sale. Apex is procuring a Framework Agreement onto which it intends to appoint a number of Developers who will identify and bring forward sites and schemes for the provision of the delivery of multiple social housing units and affordable housing for sale. This Framework will be split into three different Lots, broadly within the areas of: 1) Belfast City, Ards & North Down and Lisburn City & Castlereagh; 2) Derry City & Strabane, Antrim & Newtownabbey Mid & East Antrim and Newry City, Mourne & Down; and 3) Mid-Ulster, Armagh City, Banbridge & Craigavon, Fermanagh & Omagh and Causeway Coast & Glens. In each case it is anticipated that schemes will be brought forward by means of design and build.

II.1.5)Estimated total value
Value excluding VAT: 45 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

Belfast City, Ards & North Down and Lisburn City & Castlereagh

Lot No: 1
II.2.2)Additional CPV code(s)
45000000
45100000
45210000
45211000
45211100
45211300
45215214
45400000
45450000
II.2.3)Place of performance
NUTS code: UKN0
Main site or place of performance:

Sites for development should be located wholly or partly within Belfast City, Ards & North Down and Lisburn City & Castlereagh.

II.2.4)Description of the procurement:

Developers should note that this is not a conventional building works Framework and interested parties are invited to review the detailed requirements outlined in the Memorandum of Information (‘MOI’) before determining whether it is appropriate to seek to pre-qualify.

For the avoidance of doubt, Developers do not need to have secured a site to develop within each of the defined areas at this stage, however, the expectation is that Developers appointed to the Framework will have the skills and expertise to identify and secure sites within the defined area(s) that are suitable to bring forward the delivery of housing schemes for Apex.

Once appointed onto the Framework Agreement, the intention is that call-off contracts for each Lot will be awarded directly to Developers appointed to the Framework Agreement without a further competition.

Once the Framework Agreement is in place, Apex reserves the right at its sole direction to directly award contracts to a Developer who fulfils all the stated requirements to Apex's satisfaction where the Developer is able to demonstrate that they either (i) own a site and can on transfer provide clear non-encumbered title to Apex; or (ii) have an exclusive contract to unconditionally purchase a site and could, on transfer, provide clear non-encumbered title to Apex.

In addition, the Northern Ireland Housing Executive (‘NIHE’) must agree (in principle) to support each project brought forward for consideration.

Once a scheme is approved by Apex (and in principle support secured from NIHE), Developers must ensure the completion of the scheme for Apex in accordance with the Department for Communities (DfC) Housing Association Guide, Client's Requirements and statutory body requirements.

Apex will require potential Developers to put forward schemes which offer a high quality development and which broadly accord with the housing mix specified by Apex in the MOI (which can be obtained by contacting the contact identified at I.1) above). In the interest of providing an efficient housing management service, Apex will not generally consider sites which provide less than 10 units, however, it reserves at its sole discretion, the right to contract with a Developer in respect of a site with fewer units. The location, number and mix of units will be determined by NIHE. Apex values good working relationships with Developers and recognises that collaboration will be required in order to successfully deliver each project (including finalisation of design and obtaining the necessary approvals from Apex, the NI planning service as well as overall funding approval from the Department for Communities (‘DfC’)).

Apex also reserves the right at its sole direction to award call-off contracts for each Lot by running a mini-competition between such Developers only. Where the Developer does not own, nor have an exclusive contract to unconditionally purchase, a site for development, but where Apex owns a site which can be developed by the successful Developer(s), Apex may decide to use the Framework to run a mini competition with all those Developers on the Framework who are eligible to take part in the mini-competition process to take forward a contract for building works.

Apex will conduct the procurement using the Restricted Procedure, which is a 2-stage process, therefore only those who meet the mandatory requirements set out in the Pre-Qualification Questionnaire Package (‘PQQP’) and are ranked 1 to 15 following the evaluation process will proceed to the Invitation to Tender (‘ITT’) evaluation stage. Tenders are then evaluated and the Framework established.

The estimated total value of Lot 1 is 16 000 000.00 GBP (exc VAT).

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: 16 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 15
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
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 Framework Agreement(s) will be for a duration of 4 years.

This project is being procured competitively and in accordance with the Public Contracts Regulations 2015 (the ‘Regulations’). The procedure to be followed for this procurement is the Restricted Procedure (Regulation 28 of the Regulations).

II.2)Description
II.2.1)Title:

Derry City & Strabane, Antrim & Newtownabbey Mid & East Antrim and Newry City, Mourne & Down

Lot No: 2
II.2.2)Additional CPV code(s)
45000000
45100000
45210000
45211000
45211100
45211300
45215214
45400000
45450000
II.2.3)Place of performance
NUTS code: UKN0
Main site or place of performance:

Sites for development should be located wholly or partly within Derry City & Strabane, Antrim & Newtownabbey Mid & East Antrim and Newry City, Mourne & Down.

II.2.4)Description of the procurement:

Developers should note that this is not a conventional building works Framework and interested parties are invited to review the detailed requirements outlined in the Memorandum of Information (‘MOI’) before determining whether it is appropriate to seek to pre-qualify.

For the avoidance of doubt, Developers do not need to have secured a site to develop within each of the defined areas at this stage, however, the expectation is that Developers appointed to the Framework will have the skills and expertise to identify and secure sites within the defined area(s) that are suitable for the delivery of housing schemes for Apex.

Once appointed onto the Framework Agreement, the intention is that call-off contracts for each Lot will be awarded directly to Developers appointed to the Framework Agreement without a further competition.

Once the Framework Agreement is in place, Apex reserves the right at its sole direction to directly award contracts to a Developer who fulfils all the stated requirements to Apex's satisfaction where the Developer is able to demonstrate that they either (i) own a site and can on transfer provide clear non-encumbered title to Apex; or (ii) have an exclusive contract to unconditionally purchase a site and could, on transfer, provide clear non-encumbered title to Apex.

In addition, the Northern Ireland Housing Executive (‘NIHE’) must agree (in principle) to support each project brought forward for consideration.

Once a scheme is approved by Apex (and in principle support secured from NIHE), Developers must ensure the completion of the scheme for Apex in accordance with the Department for Communities (DfC) Housing Association Guide, Client's Requirements and statutory body requirements.

Apex will require potential Developers to put forward schemes which offer a high quality development and which broadly accord with the housing mix specified by Apex in the MOI (which can be obtained by contacting the contact identified at I.1) above). In the interest of providing an efficient housing management service, Apex will not generally consider sites which provide less than 10 units, however, it reserves at its sole discretion, the right to contract with a Developer in respect of a site with fewer units. The location, number and mix of units will be determined by NIHE. Apex values good working relationships with Developers and recognises that collaboration will be required in order to successfully deliver each project (including finalisation of design and obtaining the necessary approvals from Apex, the NI planning service as well as overall funding approval from the Department for Communities (‘DfC’)).

Apex also reserves the right at its sole direction to award call-off contracts for each Lot by running a mini-competition between such Developers only. Where the Developer does not own, nor have an exclusive contract to unconditionally purchase, a site for development, but where Apex owns a site which can be developed by the successful Developer(s), Apex may decide to use the Framework to run a mini competition with all those Developers on the Framework who are eligible to take part in the mini-competition process to take forward a contract for building works.

Apex will conduct the procurement using the Restricted Procedure, which is a 2-stage process, therefore only those who meet the mandatory requirements set out in the Pre-Qualification Questionnaire Package (‘PQQP’) and are ranked 1 to 15 following the evaluation process will proceed to the Invitation to Tender (‘ITT’) evaluation stage. Tenders are then evaluated and the Framework established.

The estimated total value of Lot 2 is 18 000 000.00 GBP (exc VAT).

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: 18 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 15
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
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 Framework Agreement(s) will be for a duration of 4 years.

This project is being procured competitively and in accordance with the Public Contracts Regulations 2015 (the ‘Regulations’). The procedure to be followed for this procurement is the Restricted Procedure (Regulation 28 of the Regulations).

II.2)Description
II.2.1)Title:

Mid-Ulster, Armagh City, Banbridge & Craigavon, Fermanagh & Omagh and Causeway Coast and Glens

Lot No: 3
II.2.2)Additional CPV code(s)
45215214
45000000
45100000
45400000
45210000
45450000
45211100
45211300
II.2.3)Place of performance
NUTS code: UKN0
Main site or place of performance:

Sites for development should be located wholly or partly within Mid-Ulster, Armagh City, Banbridge & Craigavon, Fermanagh & Omagh and Causeway Coast and Glens.

II.2.4)Description of the procurement:

Developers should note that this is not a conventional building works Framework and interested parties are invited to review the detailed requirements outlined in the Memorandum of Information (‘MOI’) before determining whether it is appropriate to seek to pre-qualify.

For the avoidance of doubt, Developers do not need to have secured a site to develop within each of the defined areas at this stage, however, the expectation is that Developers appointed to the Framework will have the skills and expertise to identify and secure sites within the defined area(s) that are suitable for the delivery of housing schemes for Apex.

Once appointed onto the Framework Agreement, the intention is that call-off contracts for each Lot will be awarded directly to Developers appointed to the Framework Agreement without a further competition.

Once the Framework Agreement is in place, Apex reserves the right at its sole direction to directly award contracts to a Developer who fulfils all the stated requirements to Apex's satisfaction where the Developer is able to demonstrate that they either (i) own a site and can on transfer provide clear non-encumbered title to Apex; or (ii) have an exclusive contract to unconditionally purchase a site and could, on transfer, provide clear non-encumbered title to Apex.

In addition, the Northern Ireland Housing Executive (‘NIHE’) must agree (in principle) to support each project brought forward for consideration.

Once a scheme is approved by Apex (and in principle support secured from NIHE), Developers must ensure the completion of the scheme for Apex in accordance with the Department for Communities (DfC) Housing Association Guide, Client's Requirements and statutory body requirements.

Apex will require potential Developers to put forward schemes which offer a high quality development and which broadly accord with the housing mix specified by Apex in the MOI (which can be obtained by contacting the contact identified at I.1) above). In the interest of providing an efficient housing management service, Apex will not generally consider sites which provide less than 10 units, however, it reserves at its sole discretion, the right to contract with a Developer in respect of a site with fewer units. The location, number and mix of units will be determined by NIHE. Apex values good working relationships with Developers and recognises that collaboration will be required in order to successfully deliver each project (including finalisation of design and obtaining the necessary approvals from Apex, the NI planning service as well as overall funding approval from the Department for Communities (‘DfC’)).

Apex also reserves the right at its sole direction to award call-off contracts for each Lot by running a mini-competition between such Developers only. Where the Developer does not own, nor have an exclusive contract to unconditionally purchase, a site for development, but where Apex owns a site which can be developed by the successful Developer(s), Apex may decide to use the Framework to run a mini competition with all those Developers on the Framework who are eligible to take part in the mini-competition process to take forward a contract for building works.

Apex will conduct the procurement using the Restricted Procedure, which is a 2-stage process, therefore only those who meet the mandatory requirements set out in the Pre-Qualification Questionnaire Package (‘PQQP’) and are ranked 1 to 15 following the evaluation process will proceed to the Invitation to Tender (‘ITT’) evaluation stage. Tenders are then evaluated and the Framework established.

The estimated total value of Lot 3 is 8 000 000.00 GBP (exc VAT).

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: 8 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 15
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
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 Framework Agreement(s) will be for a duration of 4 years.

This project is being procured competitively and in accordance with the Public Contracts Regulations 2015 (the ‘Regulations’). The procedure to be followed for this procurement is the Restricted Procedure (Regulation 28 of the Regulations).

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 set out in tender documentation.

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:

Apex reserves the right to require deposits, guarantee, bonds or other forms of appropriate security. Further details will be provided in the tender documentation.

Requests to participate may be submitted by a single candidate or a grouping of economic operators (consortium). In the event of a successful consortium bid, Apex may specify that the consortium takes a particular legal form and/or require that a single consortium member takes primary liability or that each member contracts on the basis of joint and several liability irrespective of the legal form adopted.

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
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
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: 26/09/2016
Local time: 13:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 12/10/2016
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: no
VI.2)Information about electronic workflows
VI.3)Additional information:

As set out above, this project encompasses 3 Lots being: 1) Belfast City, Ards & North Down and Lisburn City & Castlereagh; 2) Derry City & Strabane, Antrim & Newtownabbey Mid & East Antrim and Newry City, Mourne & Down; and 3) Mid-Ulster, Armagh City, Banbridge & Craigavon, Fermanagh & Omagh and Causeway Coast & Glens.

Apex will encourage Developers to propose schemes which will deliver at least 10 units. Apex does not intend to set an upper limit on the number of units which can be delivered under any individual scheme, however, acceptance will be linked to affordability and the availability of funding. On this basis, it is difficult for Apex to estimate the value of this potential opportunity. The contract value at Section II.1.5 is estimated at 45 000 000.00 GBP.

Apex expressly reserves the rights: (i) to cancel this procurement at any stage; (ii) not to award any contract as a result of the procurement process by publication of this notice; and (iii) to make whatever changes it may see fit to the content and structure of the competition. Apex shall not be responsible for any costs incurred by bidders, charges or expenses, irrespective of the outcome of the competition, or if the competition is cancelled or postponed.

The PQQP Documentation can be obtained from the contact identified at Section I.1) of this notice. When requesting the information, Developers are required to identify a contact point and a corresponding email address. In the event that Apex is required to circulate any clarifications during the tender process, it shall send any clarifications to this address and will not be responsible for contacting Developers in any other way. It is the Developer's responsibility to ensure that this contact information is kept up to date and Developers should advise Apex as soon as possible if the contact point changes. It is the responsibility of Developers to ensure that they access the PQQP Documentation promptly in order to give themselves sufficient time to provide a full and accurate response.

All discussion and correspondence shall be deemed strictly subject to contract until the Framework(s) is entered into. The Framework(s) shall not be binding until signed and dated by Apex and the relevant Developer.

Developers should be aware that up to the point that any contract for sale becomes unconditional, all costs are the Developers and Apex will not reimburse any costs incurred prior to this stage.

VI.4)Procedures for review
VI.4.1)Review body
High Court of Justice in Northern Ireland
Royal Courts of Justice, Chichester Street
Belfast
BT1 3JF
United Kingdom
E-mail: office@courtsni.gov.uk
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Any appeals should be promptly brought to the attention of the Chief Executive of Apex at the address set out in this notice, and will be dealt with in accordance with the requirements of the Public Contracts Regulations 2015. Any appeals must be brought within the timescales specified by the applicable law, including, without limitation, the Public Contracts Regulations 2015. In accordance with such regulations, the Contracting Authority will also incorporate a minimum 10 calendar day standstill period from the point information on award of contract is communicated to tenderers.

VI.4.4)Service from which information about the review procedure may be obtained
Apex Housing Association Limited
10 Butcher Street
Derry/Londonderry
BT48 6HL
United Kingdom
E-mail: development@apex.org.uk

Internet address: http://www.apexhousing.org

VI.5)Date of dispatch of this notice:
26/08/2016