Works - 338660-2019

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18/07/2019    S137    - - Works - Contract notice - Restricted procedure 

United Kingdom-Glasgow: Construction work

2019/S 137-338660

Contract notice

Works

Directive 2009/81/EC

Section I: Contracting authority/entity

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

Ministry of Defence, DIO, Defence Infrastructure Organisation (DIO)
Room 1202-1221, Kentigern House, 65 Brown Street
Contact point(s): Karen Carter — Commercial Team
For the attention of: Karen Carter / Jessica Lucas - Commercial Team
G2 8EX Glasgow
United Kingdom
Telephone: +44 1412242674
E-mail: karen.carter676@mod.gov.uk

Internet address(es):

General address of the contracting authority/entity: https://www.contracts.mod.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
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Defence
I.4)Contract award on behalf of other contracting authorities/entities
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:
RAF Lossiemouth Development Programme (LDP): Enclosed Aircraft Wash Facility and Austere Barracks (Accommodation)
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Design and execution
Main site or location of works, place of delivery or of performance: Inverness and Nairn and Moray, Badenoch and Strathspey.

NUTS code UKM62

II.1.3)Information on framework agreement
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s):
Construction work. Building construction work. Multi-dwelling buildings construction work. Construction work for military buildings and installations. The requirement is for the design and build of an enclosed aircraft wash facility and austere barracks (accommodation) delivering compliant and fully functional infrastructure to support the operational capability outputs of the United States Navy (USN) at RAF Lossiemouth. The Design shall be to US and UK standards (whichever is the more stringent) delivered within the confines of a military base.
Following Government and Industry best practice the form of contract will be an NEC, Engineering and Construction Contract (ECC) with Secondary Options and 'Z' Clause amendments. The proposed pricing arrangement(s) will be Main Option A (Firm Price) and/or Main Option C (Target Cost Incentive Fee (TCIF)/Maximum Price Target Cost (MPTC)) with activity schedules, respectively.
II.1.6)Common procurement vocabulary (CPV)

45000000, 45210000, 45211340, 45216200

II.1.7)Information about subcontracting
The tenderer has to indicate in the tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor, as well as the subject-matter of the subcontracts for which they are proposed
The tenderer has to indicate any change occurring at the level of subcontractors during the execution of the contract
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:
The RAF Lossiemouth Development Programme (LDP) shapes the infrastructure requirement to deliver the work-strands announced in the Strategic Defence and Security Review (SDSR) 2015. SDSR 2015, confirmed an increase in the numbers and types of aircraft which will be based at RAF Lossiemouth; the introduction into service of the Maritime Patrol Aircraft (MPA) Fleet and the generation of an additional Typhoon Front Line Squadron (FLS).

RAF Lossiemouth is a main operating base (MOB) for the Northern Typhoon assets, including the Quick Reaction Alert (interceptor) North (QRA(I)N), which forms part of the National Defence Commitment. RAF Lossiemouth is a strategic air station providing interception capabilities for the immediate defence of UK airspace and from which operations are mounted globally. The infrastructure currently provides a base for operational squadrons flying, UK and International training exercises, operational deployments, and visiting aircraft together with an RAF Force Protection (FP) HQ, Regiment (Regt) Field Sqn and a Royal Auxiliary Air Force (RAuxAF) Regt. In addition to the airfield, the station comprises a large number of operational, technical and domestic facilities together with supporting infrastructure. The site covers circa 4,6 km2; the landscape is predominately coastal and flat, with the ground conditions generally comprising silty, sandy subsoils.

The design and construction works to be included within the scope of the LDP United States (US) Navy requirement will be compliant with both US and UK design standards and military standards. The more stringent design standard requirement will be used in each case.
The infrastructure works comprise, but are not limited to the following non-exhaustive list:
(a) the provision of a new build enclosed aircraft wash facility and full connections to services;
(b) the provision of a new build austere barracks (accommodation) and full connections to services;
(c) demolition, site clearance, earth works civil works and associated utility infrastructure.
The integrity of the working environment and operational readiness of the station are to be maintained at all times during the planning, construction and compliance period. MoD buildings will remain in an operational state during the full delivery of this contract.
This is an active airfield, during construction special attention will need to be given to the prevention of Foreign Object Damage (FOD) to Aircrafts. Attention must be given to controlling all building materials and building waste material to ensure none can migrate from the building site either on or from vehicles, being windblown or any other route.
Health and safety is paramount to the delivery of this contract, as is the MoD Key Performance Indicators (KPI’s) for environmental protection and sustainability. All contractor’s personnel will need to be security cleared by MoD prior to the commencement of the works on site.
The following dates are indicative, and provided for planning purposes only as they may be subject to change:
Issue of Invitation to Tender (ITT) – Autumn 2019
Contract Award – Spring 2020
Estimated value excluding VAT:
Range: between 14 000 000 and 21 000 000 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 18 (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:
A deed of indemnity from a parent company or, as an alternative, a bank/insurance bond will be required to guarantee due performance. Furthermore, the Authority reserves the right to seek an indemnity, guarantee of bank/insurance bond if the supplier does not meet the required standard in respect of economic and financial standing. Further details will be provided in the Invitation to Tender (ITT) documentation.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Conditions relating to financing and payment will be specified within the contractual documentation — NEC, ECC, Main Option A (Firm Price) and/or C (Target Cost Incentive Fee (TCIF)/Maximum Price Target Cost (MPTC)) pricing arrangement with an Activity Schedule, as amended.
The Authority's Contracting, Purchasing and Finance (CP&F) e-business tool will be used for payment under this contract. Candidates are deemed to have satisfied themselves that they will be able to operate CP and F through an RLI (Exostar) prior to making a request to participate.

Electronic trading: potential suppliers must note the mandatory requirement for electronic trading using the Contracting, Purchasing and Finance (CP&F) electronic procurement tool. All payments for Contractor Deliverables under the contract shall only be made via CP&F. You can find details on CP&F at https://www.gov.uk/government/publications/mod-contracting-purchasing-and-finance-e-procurement-system.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
If a group of economic operators submits a bid, the group must nominate a lead organisation to deal with the Authority. The Authority shall require the group to form a legal entity before entering into the contract. In the event of a joint venture or consortium submitting an acceptable offer it will be necessary for each member of the joint venture or consortium to sign an undertaking that each member will be jointly and severably responsible for the due performance of the contract.
III.1.4)Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:
The performance of this contract will be subject to the terms and conditions of the NEC ECC as amended by the Authority.
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by a security aspects letter, the authority reserves the right to amend the terms of the security aspects letter to reflect any changes in national law or government policy whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies or otherwise.
The link below to the Gov.uk website provides information on the Government Security Classification.

https://www.gov.uk/government/publications/government-security-classifications

III.1.5)Information about security clearance:
III.2)Conditions for participation
III.2.1)Personal situation

Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: The Authority will apply all the offences listed in Article 39(1) of Directive 2009/81/EC (implemented as Regulation 23(1) of the Defence and Security Public Contract Regulations (DSPCR) 2011 in the UK) and all of the professional misconducts listed at Article 39(2) of Directive 2009/81/EC (see also Regulation 23(2) in the DSPCR 2011) to the decision of whether a Candidate is eligible to be invited to tender.

A full list of the Regulation 23(1) and 23(2) criteria are at http://www.contracts.mod.uk/delta/project/reasonsForExclusion.html#dspr

Candidates will be required to sign a declaration confirming whether they do or do not have any of the listed criteria as part of the pre-qualification process.
Candidates who have been convicted of any of the offences under Article 39(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest (including defence and security factors) for doing so.
Candidates who are guilty of any of the offences, circumstances or misconduct under Article 39(2) may be excluded from being selected to bid at the discretion of the Authority.
III.2.2)Economic and financial ability

Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met: (a) appropriate statements from the economic operator's bankers or where appropriate, evidence of relevant professional risk indemnity insurance;
(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;
(c) where appropriate, a statement, covering the 3 previous financial years of the economic operator, of:
(i) the overall turnover of the business of the economic operator; and
(ii) where appropriate, the turnover in respect of the work, works, goods or services which are of a similar type to the subject matter of the contract.
In addition to III.2.2, requirements are further specified in the Dynamic Pre-Qualification Questionnaire (DPQQ) document.
Minimum level(s) of standards possibly required: A financial assessment will be undertaken on the supplier's financial status. An overall pass/fail judgement will be made after considering areas such as turnover, profit, net assets, liquidity, gearing and capacity. This assessment will include the parent company guarantee where applicable. An independent financial assessment obtained from a reputable credit rating organisation may be utilised as part of this process.

Criteria regarding the economic and financial standing of subcontractors (that may lead to their rejection)

III.2.3)Technical and/or professional capacity

Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met:
(a) in the case of a supply contract requiring the siting or installation of goods, a services contract or a works contract, the economic operator's technical ability, taking into account in particular that economic operator's skills, efficiency, experience and reliability;
(b) a list of works carried out over the past 5 years together with (unless the contracting authority specifies that the following certificate should be submitted direct to the Contracting Authority by the person certifying) certificates of satisfactory completion for the most important of those works indicating in each case:
(i) the value of the consideration received;
(ii) when and where the work or works were carried out; and
(iii) specifying whether they were carried out according to the rules of the trade or profession and properly completed.
(c) a statement of the principal goods sold or services provided by the supplier or the services provider in the past 5 years, or during a shorter period if necessary, and:
(i) the dates on which the goods were sold or the services provided;
(ii) the consideration received;
(iii) the identity of the person to whom the goods were sold or the service were provided;
(iv) any certificate issued or countersigned by that person confirming the details of the contract for those goods sold or services provided; and
(v) where:
(a) that person was not a Contracting Authority; and
(b) the certificate referred to in sub-paragraph (c)(iv) is not available, any declaration by the economic operator attesting the details of the goods sold or services provided;
(d) a statement of the technicians or technical services available to the economic operator to:
(i) carry out the work under the contract; or
(ii) be involved in the production of goods or the provision of services under the contract, particularly those responsible for quality control, whether or not they are independent of the economic operator.
(e) a statement of the economic operator's:
(i) technical facilities;
(ii) measures for ensuring quality;
(iii) study and research facilities; and
(iv) internal rules regarding intellectual property.
(f) a check carried out by the Contracting Authority or on its behalf by a competent official body of the member State in which the economic operator is established:
(i) on the technical capacity of the economic operator; and
(ii) if relevant, on the economic operator's study and research facilities and quality control measures.
(g) in the case of works contracts, services contracts or supply contracts also covering siting and installation operations or services, the economic operator's educational and professional qualifications where the economic operator is an individual and:
(i) if any, those of the economic operator's managerial staff; and
(ii) those of one or more persons who would be responsible for providing the services or carrying out the work or works under the contract.
(h) the environmental management measures, that the economic operator is able to apply when performing the contract, but only where it is necessary for the performance of that contract;
(i) a statement of the services provider's or contractor's average annual number of staff and managerial staff over the previous 3 years;
(j) a description of the tools, material, technical equipment, staff numbers, know-how and sources of supply (with an indication of their geographical location when it is outside the territory of the EU) available to the economic operator to perform the contract, cope with any additional needs required by the Contracting Authority as a result of a crisis or carry out the maintenance, modernisation or adaptation of the goods covered by the contract,
(k) any samples, descriptions and photographs of the goods to be purchased or hired under the contract and certification of the authenticity of such samples, descriptions or photographs;
(l) certification by official quality control institutes or agencies of recognised competence, attesting that the goods to be purchased or hired under the contract conform to standards and technical specifications (within the meaning of Regulation 12(1)) identified by the Contracting Authority;
(m) in the case of contracts involving, entailing or containing classified information, evidence of the ability to process, store and transmit such information at the level of protection required by the Contracting Authority;
(n) a certificate:
(i) attesting conformity to quality management systems standards based on the relevant European standard; and
(ii) from an independent accredited body established in any Member State conforming to the European standards concerning accreditation and certification.
(o) any other evidence of conformity to quality management systems standards which are equivalent to the standards referred to in sub-paragraph (n)(i).
The Authority requires this information to evaluate technical and/or professional capability and this will be sought via the Pre-Qualification Questionnaire (PQQ) stage.
Minimum level(s) of standards possibly required
Shall be stated in the Pre-Qualification Questionnaire (PQQ).
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 minimum number 3 and maximum number 6
Objective criteria for choosing the limited number of candidates: Interested suppliers are required to complete the Dynamic Pre-Qualification Questionnaire (DPQQ) to provide the Authority with information to evaluate the supplier’s capacity and capability against the selection criteria set out at Sections III.2.1), III.2.2) and III.2.3 of this Contract Notice.
The Authority will use the DPQQ response to create a shortlist of tenderers who:
1) Are eligible to participate;
2) Fulfil any minimum economic, financial, professional and technical standards; and
3) Best meet, in terms of capacity and capability, the selection criteria set out in this notice and the DPQQ.
Further details of the method for choosing the tenderers is set out in the DPQQ.
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 in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
DIOCB1/208
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2016/S 200-361451 of 15.10.2016

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
14.8.2019 - 14:00
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.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information:

Advertising Regime OJEU: this contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk

Cyber security information: a cyber risk assessment for this requirement has been undertaken and the cyber risk profile/level for this procurement is determined as 'Very Low'. A full description of the 4 cyber risk levels is available at DEFSTAN 05-138. Potential Providers should make themselves familiar with the requirements against the profile assessment for this risk level. GO Reference: GO-2019715-DCB-15097412
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Ministry of Defence
London
United Kingdom

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
15.7.2019