Works - 382329-2016

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29/10/2016    S210    - - Works - Contract notice - Open procedure 

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

2016/S 210-382329

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Apex Housing Association Limited
10 Butcher Street
For the attention of: Director of Development and Procurement
BT48 6HL Londonderry
United Kingdom
Telephone: +44 2871304800
E-mail: development@apex.org.uk
Fax: +44 2871304801

Internet address(es):

General address of the contracting authority: http://www.apex.org.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
Body governed by public law
I.3)Main activity
Housing and community amenities
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:
Apex Housing Association — Provision of Site, Design and Build — Social Housing Scheme — Westbank (Phase 3), Derry~Londonderry.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Design and execution

NUTS code UKN

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 Project is for the provision of the delivery of multiple social housing units in the area of Westbank, Derry~Londonderry, delineated in Annex A of the MOI (which can be obtained by contacting the contact identified at I.1 above) by means of design and build. Participants must provide the land, design, construction and ensure 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 is inviting Developers, who can demonstrate that they either (i) own the site and can provide clear non- encumbered title to Apex; or (ii) have an exclusive contract to unconditionally purchase clear non–encumbered title and could, on transfer, provide clear non-encumbered title to Apex, to submit proposals for the provision of social housing on the site. Apex anticipates that the minimum size of development which it will consider as part of the evaluation is 10 units, however, it reserves, at its sole discretion, the right to contract with a Developer in respect of a site with fewer units.
Following evaluation of proposals, Apex will rank the Developer's proposals. Apex thereafter anticipates contracting with one or more Developers. Apex can determine at its sole discretion how many Developers it will contract with, and ultimately Apex will make this assessment on whether to contract with one or more Developer based on affordability including in the context of the availability of DfC funding. Apex reserves the right to make staggered awards to one or more Developers over a period of 12 months from tender submission date.
If Apex elects to contract with a Developer it shall enter into a conditional land sale agreement (see Agreement for Sale of the ITT which can be obtained by contacting the contact identified at I.1 above). The Developer shall work with Apex to secure Apex approval of the detailed design and secure planning approval (at risk) (in accordance with the Agreement for Sale) which will enable Apex to apply to NIHE for funding. Apex and the Developer will be required to work cooperatively to finalise the proposal and to secure these approvals (at risk). For the avoidance of doubt, Apex can elect to cancel the Agreement for Sale at any stage in the event that the Developer cannot satisfy the conditions contained in 2.1 of the Agreement for Sale.
II.1.6)Common procurement vocabulary (CPV)

45211000, 45211100

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: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Apex reserves the right to enter into conditional contracts (potentially on a phased basis) with one or more Developers. The number of projects will depend upon the availability of funding from DfC.
Apex encourages 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 estimate below is intended to reflect this uncertainty and whilst the range will be appropriate for certain schemes, Apex recognises that it may not be appropriate for all schemes.
Estimated value excluding VAT:
Range: between 900 000 and 26 000 000 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

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Apex reserves the right to require the provision of a parent company guarantee from the any parent company of the Developer guaranteeing the Developer's obligations arising out of the construction contract. The Parent Company Guarantee to be provided shall be in a form and wording which is acceptable to Apex.
The Developer will also be required to provide a performance bond in favour of Apex from a bank, surety or insurer approved by Apex and in a form acceptable to Apex for a sum equal to 10 % of the total value of the construction contract.
In lieu of the performance bond the Developer can deposit a sum equal to 10 % of the total value of the construction contract with Apex which shall be held as security until completion of the works or Apex may retain an amount equal to 10 % of value of the construction contract from any payment otherwise due to the
Developer until completion of the works or until the Developer either deposits the sum referred to or provides the performance bond.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Developers should be mindful that Apex will not make any payment until all conditions have been satisfied at which stage the land sale and construction contracts will become unconditional. At this stage payment for the land element of the site only will be made. Payment for the construction element will be made in accordance with the terms of the contract (the form of which is available together with the procurement documents which can be obtained from the contact identified at I.1).
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
In the event of a group of entities submitting an acceptable offer, each member of the group must sign an undertaking that member companies will be jointly and severally liable for the satisfactory performance of each project. Apex reserves the right to require a group of entities to form a legal entity with appropriate parent company guarantees as a condition of contract.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: As set out in the MOI, tender documentation and the draft contract.
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: The personal situation of the candidates will be evaluated. These criteria are specified in full in a PQQP to be issued to those parties that request it.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: A detailed PQQP will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 24 of The Public Contracts Regulations 2015.
Minimum level(s) of standards possibly required: These are specified in full in the PQQP to be issued to those parties that request it. All questions contained in the PQQP will be assessed on a pass / fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
A detailed PQQ will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 25 of the Public Contracts Regulations 2015. These criteria will be specified in full in a PQQP to be issued to those parties that request it.
Minimum level(s) of standards possibly required:
All questions contained within the PQQP will be assessed on a pass/fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated.
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
Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
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 60

2. Quality. Weighting 40

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:
DB16-001
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 9.12.2016 - 13:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
9.12.2016 - 13:00
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
Duration in months: 12 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders

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
The Tender Documentation can be obtained from the contact identified at I.1 by the date specified in V.3.3. 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.
Section II.1.9 — Please note that variant bids may be accepted by Apex provided that their form and nature are approved by Apex in advance.
Developers should be aware that up to the point the contract becomes unconditional, all costs are the Developers and Apex will not reimburse any costs incurred prior to this stage.
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: As per Public Contract Regulations 2015.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
27.10.2016