Works - 335669-2013

08/10/2013    S195    - - Works - Contract notice - Restricted procedure 

United Kingdom-Birmingham: Engineering works and construction works

2013/S 195-335669

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Highways Agency
The Cube, 199 Wharfside Street
For the attention of: Steven Bissell
B1 1RN Birmingham
United Kingdom
E-mail: steven.bissell@highways.gsi.gov.uk

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

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

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

I.2)Type of the contracting authority
National or federal agency/office
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
UK-Birmingham Office - A138 (Old A12) Chelmer Viaduct Replacement; The Cube 199 Wharfside Street Birmingham B1 1RN
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Execution
Main site or location of works, place of delivery or of performance: A138 (Old A12) Chelmer Viaduct. The scheme is located on adetrunked section of the old A12, through Chelmsford Essex
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
The A138 Chelmer Road in Chelmsford, Essex, between the junction with A414 Essex Yeomanry Way, known as 'Army and Navy Roundabout' and the Chelmer Village Way Roundabout, and including land either side of the A138 of 50m approximate overall width. The site is situated over the River Chelmer and includes a substantial area of river flood plain. The total length of the scheme is 0.9km.
Nature and extent of the works, Construction of a new multi-span viaduct and approach embankments, and the demolition and removal of the existing multi-span viaduct and approach embankments.
Construction of an off-line 17 span, 400m long composite steel beam/r.c deck slab viaduct on r.c. piled support piers. The 16m wide viaduct carries the 3-lane A138 carriageway over the River Chelmer and its flood plain at a height of 5.5m. There are architectural cladding features to edge beams, the river span and abutments.
Low level approach embankments are 500m long, including a 90m length of r.c box culverted flood relief structure. Other features include drainage attenuation ponds, footway/cycleway facilities and landscaping.
The site is crossed by numerous statutory utility services, requiring diversion works, and is bounded by busy terminal road junctions, which require carriageway tie-in works to the new alignment.
The existing multi-span reinforced concrete viaduct (including concrete support structures and foundations to below ground level) are to be demolished and removed from site. Approach embankments are also to be removed, and the site returned to flood plain suitable for grazing use.
All construction and demolition activity will require careful consideration to maintain the safe operation of highways, rights of way, utility services, the river and flood plain facilities. Much of the scheme implementation is subject to detailed planning consent, which places constraints on design, methods, and programming etc, hence contractor design elements are limited to temporary works and demolition operations. Completion of the scheme is targeted for late 2014.
The value of the work is estimated at approximately GBP 21 million.
II.1.6)Common procurement vocabulary (CPV)

45220000, 45100000, 45233100, 45221121, 45111100, 45111000, 45221120, 45233000, 45110000, 45000000

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Estimated value excluding VAT: 21 000 000 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Duration in months: 24 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Those invited to tender will be advised in the tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Design and Statutory Processes: Monthly payments. Time charges with financial incentives related to scheme budget. Construction Phase: monthly payments for actual costs incurred with financial incentives related to a target cost.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
(i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the contract.
(ii) For Single Legal Entities/Incorporated Joint Ventures submitting an acceptable offer, the consortium must provide a Corporate statement of intent to form itself into a single legal entity before any contract can be awarded.
The Contractor must state in its expression of interest to this Notice whether it is an Incorporated Joint Venture (Joint and Several liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the Contractor must also confirm the names of all the contracting entities with the Employer should they be selected to tender.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: A Parent Company Guarantee will be required where the financial assessment of the applicant does not meet the required level for the contract. In the event of an applicant not meeting the minimum financial criteria, and where a parent company structure exits, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria. This may potentially result in escalation up to the ultimate parent or failure of financial assessment where the ultimate parent company does not meet the financial assessment criteria.
For a joint and severable liable joint venture each constituent of the joint venture shall meet at least 60 % of the financial standing stated for this contract, or where a parent company structure exits, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria.
Where an integrated joint venture is proposed, Parent Company Guarantees will be required
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Suppliers Instructions How to Express Interest in this Tender~: 1. Register your company on the eSourcing portal (this is only required once) - Browse to the eSourcing Portal: https://highways.bravosolution.co.uk and click the link to register - Accept the terms and conditions and click 'continue' - Enter your correct business and user details - Note the username you chose and click 'Save' when complete - You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender - Login to the portal with the username/password - Click the 'PQQs / ITTs Open To All Suppliers' link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) - Click on the relevant PQQ/ ITT to access the content. - Click the 'Express Interest' button at the top of the page. - This will move the PQQ /ITT into your 'My PQQs/ My ITTs' page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking 'Buyer Attachments' in the 'PQQ/ ITT Details' box 3. Responding to the tender - Click 'My Response' under 'PQQ/ ITT Details', you can choose to 'Create Response' or to 'Decline to Respond' (please give a reason if declining) - You can now use the ‘Messages' function to communicate with the buyer and seek any clarification - Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT - There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the 'Submit Response' button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

1. The supplier must declare if it or any of its directors any other person who has powers of representation, decision or control of the supplier has been convicted of any of the following offences—
(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA
((b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(20) or section 1 of the Prevention of Corruption Act 1906(21), where the offence relates to active corruption;
(c) the offence of bribery, where the offence relates to active corruption;
(ca)bribery within the meaning of section 1 or 6 of the Bribery Act 2010(22);
(d) fraud, where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities(23), within the meaning of—
(i) the offence of cheating the Revenue;
(ii) the offence of conspiracy to defraud;
(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979(31) or section 72 of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968(34) or section 19 of the Theft Act (Northern Ireland) 1969;
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or
(ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;
(e) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002;
(ea) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;
(eb) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or
(f)any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State
The Highways Agency shall treat as ineligible and shall not select a supplier has been convicted of any of the above offences
The Highways Agency may apply to the relevant competent authority to obtain further information regarding the supplier and in particular details of convictions of the offences listed above if it considers it needs such information to decide on any exclusion referred to above.
In any case where supplier or its directors or any other person who has powers of representation, decision or control has been convicted of an offence described in paragraph (1), the Highways Agency may disregard the prohibition described there if it is satisfied that there are overriding requirements in the general interest which justify doing so in relation to that economic operator in order to maintain or enable sufficient competition.
2. The Supplier must declare if any of the following (a) to (j) it or any of its directors any other person who has powers of representation, decision or control of the supplier is applicable. The Highways Agency shall consider a supplier as ineligible or decide not to select supplier in accordance with the Procurement Regulations on one or more of the following grounds , namely that the economic operator or any of its directors any other person who has powers of representation, decision or control of the economic operator (supplier) —
(a) being an individual is a person in respect of whom a debt relief order has been
made or is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;
(b) being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate;
(c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has passed a resolution or is the subject of an order by the court for the company's winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company's business or any part thereof or is the subject of the above procedures or is the subject of similar procedures under the law of any other state;
(d) has been convicted of a criminal offence relating to the conduct of his business or profession;
(e) has committed an act of grave misconduct in the course of his business or profession;
(f) has not fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;
(g) has not fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the supplier is established;
(h) is guilty of serious misrepresentation in providing any information referred to within regulation or regulation 24, 25, 26 or 27 (of the Public Contracts Regulations 2006 as amended), or has not provided such information in response to a request by the contracting authority
(i) in relation to procedures for the award of a public services contract, is not licensed in the relevant State in which he is established or is not a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member; or
(j) subject to Regulation 23 paragraphs (7), (8) and (9) of the Public Contracts Regulations 2006, as amended , is not registered on the professional or trade register of the relevant State specified in Schedule 6 in which he is established under conditions laid down by that State
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Contractors or Incorporated Joint Ventures (Single Legal Entities) submitting an expression of interest should provide their Constructionline registration number. For Unincorporated Joint Ventures submitting an expression of interest each member of the group should provide their individual Constructionline registration number.
Constructionline is the UK Government's national pre-qualification register for construction contractors and consultants. If a Contractor is not registered with Constructionline please contact immediately the Procurement Officer named in I.1.
Minimum level(s) of standards possibly required: The Constructionline Notation Value for this contract is £21 million. The Constructionline Categories of Work for this contract are Civil Engineering Construction: sub-category Civil Engineering, or Civil Engineering and Infrastructures: sub-category Road Construction.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Means of proof required - Contractors must provide (along with their expression of interest to this Notice) the following:
(a) a list of the applicant companies that will contract directly with the HA whether in their own rights or as part of a Joint Venture or other formal partnership to provide the technical capacity necessary to deliver the work under the contract and a statement of the technical services provided by any such companies.
(b) for the Contractor and any applicant companies identified under Section III.2.3(a) they will be required to demonstrate technical capacity and past experience carried out over the past five years against the following criteria:
Please refer to Pre-Qual Annex C.1 and C.2
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators: 5
Objective criteria for choosing the limited number of candidates: Criteria as set out in ITT
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated below

1. Price. Weighting 40

2. Quality. Weighting 60

IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
13.11.2013 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
VI.3)Additional information
The Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction.
Past Performance Data (PPD) and Added Value will be used in all cases.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Highways Agency will incorporate a minimum 10 calendar day standstill period at the point information on award of the contract is communicated to tenderers
Appeals must be lodged in accordance with the Public Contracts Regulations 2006 (SI 2006 no 5) as amended.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
3.10.2013