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United Kingdom-Birmingham: Buildings associated with transport
Contract notice – utilities
Section I: Contracting entity
Section II: Object
HS2 Phase 1 Stations: Birmingham Curzon Street Station 2-Stage Design and Build Contract
This procurement for HS2 Phase 1 stations: Birmingham Curzon Street Station 2-stage design and build contract relates to the new Midlands station to be constructed in Birmingham Curzon Street. The contractor will be appointed to design and build the new Midlands station to budget and programme, including detailed design, construction and commissioning and associated works and services. The scope (including base and optional scope) is described in the pre-qualification pack (‘PQP’) and accompanying procurement documents. As well as awarding the contract, HS2 Ltd will also enter into a framework agreement with unsuccessful tenderers whose technical submissions at ITT stage achieve a minimum threshold evaluation score (see Section II.2.11 below and PQP section 3.4 for further information).
Curzon Street and surrounding areas in Birmingham B4.
Procurement for a 2-stage design and build contractor (the Contractor) for the successful delivery of the new HS2 station to be located at Birmingham Curzon Street. The contractor will be appointed to design and build the new HS2 station at Curzon Street to budget and programme. The procurement is also for the award of a framework agreement as described in Section II.1.4) (Short description) above. Further information on the scope of the contract, the framework agreement and the procurement is included in the PQP and accompanying procurement documents.
Objective criteria for choosing the limited number of candidates:
Applicants are referred to the PQP and PQQ for information on HS2 Ltd’s criteria for choosing applicants to be invited to tender for the contract. HS2 Ltd expects to select only the top 4 applicants to tender for the contract. However, HS2 Ltd reserves the right in its absolute discretion to invite to tender fewer than 4 or to invite 5 applicants for the contract on the basis described in PQP paragraph 6.11).
Applicants should be aware that HS2 Ltd reserves the right to omit and/or vary the scope of the contract (and the framework agreement). As further described in the PQP, applicants should note in particular that:
1) Optional scope:
(i) HS2 Ltd reserves the right to instruct optional scope to include the optional scope described in PQP Appendix A: Part 1 outline scope, comprising the works and services described in paragraph 4 of the outline scope as commercialisation opportunities, ‘Asks’ and employers instructions;
(ii) as described in PQP Appendix A: Part 1 outline scope, the optional scope is currently being defined and confirmed. Therefore, HS2 Ltd reserves the right to include the optional scope (in whole or in part) as part of the contract (or the framework agreement) either during the procurement process prior to contract award or post award as an anticipated post contract modification;
(iii) if instructed by HS2 Ltd at its sole and absolute discretion, such optional scope would be undertaken by the Contractor in accordance with the contract (or the framework agreement) and the rates and prices and % fee submitted by the successful tenderer will be applied to inform and calculate the price payable for undertaking such optional scope.
2) Design services:
HS2 Ltd will require the successful tenderer to enter into a novation agreement on terms set out in the PQP to novate HS2 Ltd’s design consultant (‘Consultant’) awarded the Phase 1 Stations design services contract (‘SDSC’) for Birmingham Curzon Street to the Contractor (see related OJEU contract notice reference 2017/S 072-137921). The SDSC has been structured by HS2 Ltd to allow the consultant to undertake design services up to RIBA Stage 7. From the date of novation, the consultant will be required to perform a Lead Design Assurance Guardian (LDAG) role. However, subject to the terms of the contract, the extent to which the consultant will be used to provide additional services (beyond the LDAG role) to progress and further develop the design will be a matter for the Contractor to decide;
3) Step-in, replacement, omission of scope or novation:
HS2 Ltd will reserve the right to require collateral warranties from the Contractor itself and any subcontractors for the benefit of HS2 Ltd and/or for the benefit of Others. HS2 Ltd will reserve the right to ‘step-in’ to correct defects (at the Contractor’s expense) or to omit Scope. Key subcontractors will be required to provide collateral warranties permitting step-in by the employer or assignment to others to facilitate this. HS2 Ltd will also reserve the right in certain scenarios to step-in and rescue and step-out or to step-in to the Contractor’s appointment following a termination and to step-in to subcontracts as employer. Further details on the precise termination and step in and novation rights and subcontractor rules and information on rights to omit scope will be described by HS2 Ltd in the procurement documents to be provided to tenderers at ITT stage.
The contract will provide that a Contractor's employees may be seconded to HS2 Ltd to assist HS2 Ltd in managing the HS2 project (which could include managing works during any step-in period).
5) Framework agreement
As described at Section II.1.4) (Short description) above, as well as awarding the contract, HS2 Ltd will enter into a framework agreement. The framework agreement will be awarded in accordance with UCR 2016, reg. 51 (Framework agreements) and will be for the same duration as the contract, for a period of less than 8 years.
Further information in relation to the scope, the framework agreement, HS2 Ltd’s resilience measures, the novation agreement and HS2 Ltd’s options is included in the PQP.
Applicants are referred to VI.3) additional information in this contract notice below.
Section III: Legal, economic, financial and technical information
Applicants are referred to the PQP and PQQ for information about conditions for participation.
Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s requirements and minimum standards in relation to economic and financial standing.
Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s requirements and minimum standards in relation to technical and professional ability.
Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s rules and criteria for participation.
HS2 Ltd reserves the right to require guarantees, bonds, collateral warranties (including the grant of step-in rights to subcontracts) and other forms of security as appropriate to be specified in the procurement documents to be made available at ITT stage. Applicants are referred to the PQP for relevant information available at this contract notice stage.
The main financing conditions, payment mechanism, performance standards and incentive mechanism will be described in the procurement documents to be made available at ITT stage but it is expected that payment arrangements will be in accordance with the provisions of NEC3 Engineering and construction contract. (ECC) Option A: priced contract with activity schedule (Stage 1) and Option C: target contract with activity schedule (NEC3 ECC Option C) (Stage 2) with HS2 Ltd amendments. Further details will be provided in the ITT. Applicants are referred to the PQP for relevant information available at this contract notice stage.
HS2 Ltd will accept expressions of interest and tenders from single entities or consortia. HS2 Ltd does not require those consortia who intend to form a single legal entity to do so at the PQQ stage. HS2 Ltd will consider contracting with a consortium, providing always that the participants in any consortium are jointly and severally liable for all of the obligations of the contractor under the contract.
Section IV: Procedure
Section VI: Complementary information
1) Terms with an initial capital letter used in this contract notice, the PQP and the PQQ have the meanings given in PQP paragraph 1.3) (Definitions);
2) To express interest in the contract, applicants must complete the PQQ on the HS2 eSourcing portal strictly in accordance with the submission deadline for PQ applications stated in the PQP (PQ application deadline). Please note that the PQ application deadline is a precise time and applicants should allow sufficient time to upload their PQ applications;
3) An applicant may be a single organisation or a consortium. An applicant may only submit 1 PQ application. A particular economic operator may not apply as more than 1 applicant, whether as a single applicant or as a party to 1 or more consortia. Applicants should note that this restriction does not apply to subcontractors. See further PQP Section 5.2;
4) All applicants are required to express an interest by registering on the HS2 eSourcing portal
(https://hs2.bravosolution.co.uk). Registering is only required once;
5) For further assistance contact the BravoSolution helpdesk which is available Monday to Friday (8.00-18.00) GMT on:
email: email@example.com or telephone +44 800 069 8630;
6) Section II.2.6) (Estimated value): the value of the contract (and framework agreement) is estimated and based on 2019 prices. The estimated values include the total of the scope and any optional scope as described in PQP Appendix A (scope). See further PQP paragraph 4.2);
7) Section II.2.7) (Duration of the contract): timescales in this contract notice are estimated based on the current HS2 Ltd programme but may be subject to change;
8) Section II.2.10) (Information about variants): HS2 Ltd reserves the right to accept variants at the ITT stage provided a tenderer has also submitted a compliant tender. Further information and minimum requirements in relation to any variants and how variants will be evaluated will be set out in the ITT;
9) Section IV.1.1) (Type of procedure): HS2 Ltd is procuring the contract (and framework agreement) in accordance with the negotiated procedure with prior call for competition pursuant to UCR 2016, reg. 47 although, as stated in PQP paragraph 4.3), HS2 Ltd reserves the right not to conduct negotiations with tenderers;
10) A response to this contract notice does not guarantee that an applicant will be invited to tender. The award process may be terminated or suspended at any time without cost or liability to HS2 Ltd. HS2 Ltd does not bind itself to enter into any contract (or framework agreement) arising out of the procedures envisaged by this contract notice. No contractual rights express or implied arise out of this contract notice or the procedures envisaged by it. Any contract (or framework agreement) let by HS2 Ltd may provide that the scope or duration of the contract (or framework agreement) may be extended at HS2 Ltd's discretion. HS2 Ltd reserves the right to vary its requirements and the procedure relating to the conduct of the award process. HS2 Ltd reserves the right to disqualify any applicants on terms set out in the PQP;
11) Applicants and tenderers shall be solely responsible for and liable for all costs associated with and arising out of or in connection with responding to this contract notice and any PQQ and with submitting any tender, howsoever incurred;
12) HS2 Ltd embraces diversity and welcomes PQ applications from all suitably skilled and experienced economic operators of all sizes who can meet the requirements, regardless of gender, ethnicity, sexual orientation, faith, disability or age of supplier workforce and/or ownership. HS2 Ltd will actively promote sustainable procurement throughout its supply chain and welcomes PQ applications from economic operators committed to the principles of reducing, reusing and recycling resources and to the practices of buying responsibly.