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United Kingdom-Glasgow: Construction work for highways, roads
Section I: Contracting authority
Section II: Object
Scottish Trunk Road Network Maintenance Contract — North East Unit
The provision of integrated network management; routine, winter and emergency maintenance; renewal and improvement works and other such works; design and supervision of renewal and improvement works and such other work on the specified trunk roads within the Unit.
The contract will include indicative maximum value thresholds for categories of ordered work. These thresholds are subject to change during the contract based on the performance of the service provider. For strategic reasons connected with wider roads procurement requirements, contract coverage of:
(i) all; or
(ii) of particular sections, of the A96 trunk road for the full term of the contract, is not confirmed at this stage. Further information shall be included in the tender documents.
Please see attached supplementary document reference II.2.3) Place of performance North East Unit.
Transport Scotland on behalf of the Scottish Ministers have identified the requirement to appoint a suitably experienced economic operator to operate the Scottish Trunk Road Network Management Contract — North East Unit. As noted in II.1.4) above, for strategic reasons connected with wider roads procurement requirements, contract coverage of:
This exercise is Tranche 2 of a two tranche procurement activity which collectively covers all four geographical Units within the Scottish Trunk Road Network. Tranche 1 focused on both the South East and South West Units with both contracts awarded in March 2020. This second tranche focuses on the North Units of the Scottish Trunk Road Network. The procurement covered under this contract notice is for the North East Unit only. The procurement for the North West Unit is covered under a separate contract notice and can also be found on Public Contracts Scotland.
Tenderers should note that a maximum of two Units can be won across the network, however, this is limited to one in the South and one in the North. For clarity and the avoidance of doubt in respect of this award restriction, an economic operator that has submitted a tender includes any person or entity involved in the Tranche 1 Procurement or Tranche 2 Procurement as parent undertaking in terms of section 1162 of the Companies Act 2006, any member of the group of companies of which the parent undertaking forms part, lead bidder, consortium or JV member or any other reliant entity whose capacity in terms of technical and professional ability and/or economic and financial standing, is relied upon in terms of Regulation 64 of the Public Contracts (Scotland) Regulations 2015.
The initial contract term is 8 years with options to extend by up to a further 4 years. The estimated value of the contract over 12 years including such extensions is GBP 530 000 000.
The scope of works will include, but is not limited to: provision of integrated network management; routine, winter and emergency maintenance; renewal and improvement works and other such works; design and supervision of renewal and improvement works and such other work on the specified trunk roads within the Unit. The contract will include indicative maximum value thresholds for categories of ordered works. These thresholds are subject to change during the contract based on the performance of the service provider. Further information on the requirements and objectives of the contract can be found in the attached supplementary document reference ‘Preliminary Information Document – North Units.’ The information contained in the document is preliminary and will be supplemented with further information at tender stage.
To be considered for this contract economic operators are required to complete the European Single Procurement Document (ESPD) in accordance with this contract notice. Economic operators shall be evaluated in accordance with the Public Contracts (Scotland) Regulations 2015, on the basis of information they have provided within the ESPD. The ESPD can be downloaded via the Public Contracts Scotland portal (www.publiccontractsscotland.gov.uk).
No warranty or representation of any kind is given as to the accuracy or completeness of such information. The Scottish Ministers, Transport Scotland and their advisers shall not be liable for any errors or omissions or lack of specificity in such information. Any reliance on or use of any information contained within the document is entirely at the risk of the economic operator.
It is intended that the contract will be in place for an initial period of 8 years with an option to extend for a further period of up to 4 years.
It is intended that five economic operators be invited to participate in dialogue. These economic operators shall be those who have:
(i) submitted a compliant submission, comprising the completed ESPD;
(ii) satisfied the relevant selection criteria under the exclusion grounds:
(a) minimum standards of eligibility — provided evidence of working on specified types of projects over a specified value, and
(b) technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability;
(iii) in place quality, environmental and health and safety management systems
(iv) in place appropriate sustainability measures which attribute significantly to the requirement;
(v) satisfied minimum standards of economic and financial standing;
(vi) appropriate experience in acting as the ‘Principal Contractor’ and ‘Principal Designer’ under the Construction Design and Management Regulations 2015 or European equivalent;
(vii) achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to Statements (i), (j), (k), (l), (m) (n) and (o) (refer to Section III.1.3).
However, if an economic operator has not submitted a compliant submission as described in (i) above, failed in respect of either (ii), (iii), (iv), (v) or (vi) above, then that economic operator shall be excluded from the ranking of scores described in (vii) as above.
Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD.
Transport Scotland (TS) will manage the procurement process on behalf of the Scottish Ministers (SMs). In the event of the contract award, the contract will be entered into between the SMs and the successful tenderer.
The contract T’s and C’s will be based upon ICE fifth Generation which has been amended by TS. Each economic operator shall be invited to submit a tender on the same contract terms.
Section III: Legal, economic, financial and technical information
An economic operator participating on its own and which does not rely on the capacities of other entities in order to meet the selection criteria, must fill out one ESPD.
An economic operator participating on its own but relying on the capacities of one or more other entities must submit to the contracting authority an ESPD on its behalf together with a separate ESPD on behalf of each of the entities being relied upon and setting out the relevant information.
Finally, where a group of economic operators, including temporary associations, participate together in the procurement procedure, a separate ESPD setting out the information required under Parts II to IV must be given for each of the participating economic operators (excluding 4C.1/4C.2)
Qualifications and experience
Construction (Design and Management) Regulations 2015 (CDM 2015).
It is intended that, the successful tenderer shall fulfil the duties of principal contractor and principal designer under CDM 2015. Therefore, economic operators shall be required to satisfy the Scottish Ministers as to their competence, resources and willingness to be appointed as principal contractor and principal designer and fulfil those duties in accordance with CDM 2015 (refer to III.1.3)).
Economic operators shall be required to satisfy minimum standards and to provide proof of economic and financial standing. To determine these standards each economic operator parent company shall provide the information requested below for the last two years of trading.
(a) In response to ESPD Question Ref 4B.1.1 provide the specified annual turnover for the last two years of trading or for the period which is available if trading for less than 2 years.
(b) In response to ESPD Question Ref 4B.5a, 4B.5b and 4B.5c confirm they already have or can commit to obtain, prior to commencement of the contract the required levels of insurance.
(c) In response to ESPD Question Ref 4B.6 provide a link to or copies of, the associated annual accounts filed at Companies House (or equivalent if not a UK registered company) for the last two years of trading or for the period which is available if less than 2 years. As a parent company guarantee is required for this contract, the information requested should be provided for the parent company as it will be the parent company for each economic operator who will be evaluated as a requirement for this contract. In the case of a consortium bid, the parent company of each economic operator is required to provide copies of its annual accounts. This information has been requested to enable Transport Scotland to perform their assessment as detailed in the attached supplementary document reference ‘III.1.2 Economic and Financial Standing Evaluation Criteria Ratios and Scoring – North East Unit.’
(d) In response to ESPD Question Ref 4B.6 confirm that not later than 30 days prior to the commencement of service date, you will provide a validly executed Bond and Undertaking by an insurance company or bank which shall be jointly and severally bound with the operating company in the sum of GBP 2 000 000 for the due performance of the contract under the terms of such bond and undertaking.
Economic operators are required to satisfy minimum standards of economic and financial standing. These are described below:
In response to ESPD Question Ref 4B.5 economic operators must confirm they already have or can commit to obtain prior to commencement of the contract to obtaining the following insurances and associated financial levels:
Public liability insurance = GBP 155 000 000
Professional indemnity insurance= GBP 10 000 000
Contractors all risk = GBP 10 000 000
Employers liability = GBP 5 000 000
Contractors pollution legal liability = GBP 10 000 000.
And, any other insurance required by the contractor or by the appropriate legislation with a sum insured/limit of indemnity to satisfy the contract or legal requirements.
In responding to ESPD Question Ref 4B.5.1 and 4B.5.2 of the ESPD, where the economic operator ticks the box ‘No, and I cannot commit to obtain it’ they shall be marked as Fail and shall be excluded from this procurement competition.
Evaluation criteria ratios (ESPD Question Ref. 4B.6).
The financial information received under ESPD Question Ref 4B.6, ratios 1-9 shall be evaluated and scored out of 50 by allocating a score against nine individual economic and financial standing evaluation criteria, namely:
1) acid test ratio,
2) cash interest cover ratio,
3) return on capital employed,
4) operating profit ratio,
5) net worth,
7) annual contract value to turnover,
8) Filed accounts,
9) audit report.
The individual scores shall be weighted, with the most recent (year 1) financial statements weighted at 67 % and the previous (Year 2) statements being weighted at 33 % to form an aggregated score for each of the nine criteria over the 2 years.
The maximum cumulative score resulting from the summation of the nine economic and financial standing aggregated scores shall be 50 marks. A submission shall be marked as a Fair and will not be considered further if the score achieved by a single economic operator or a group of economic operators is less than 50 % of the available marks. The scoring mechanism ‘III.1.2 Economic and Financial Standing Evaluation Criteria Ratios and Scoring – North East Unit’ document is attached to this notice for further breakdown and explanation.
Where the submission has been submitted by a group of economic operators, the information supplied by each economic operator will be evaluated in the proportion of the percentage shareholdings or percentage equity/interest of each economic operator and a score determined for such group on that basis. This should be done by completing the attached supplementary document titled ‘Reliance Response Table – North East Unit.’
In response to ESPD: question Ref 4.C.1 economic operators are required to insert suitable responses to
(i) Provide information on no less than four reference projects which reflect similar works in terms of scope, size and/or complexity to the contract, predominately carried out within the last 8 years detailing role and scope of services performed. These will not be scored but require to be completed.
(ii) Provide suitable responses to statements set out in the attached supplementary document ref ‘III.1.3 Technical and Professional Ability Statements – North East Unit’ demonstrating that they have the required minimum standards of eligibility and technical and professional ability.
These statements shall be answered by single economic operators and by groups of economic operators (group members should not respond individually). A ‘group of economic operators’ is defined as an unincorporated consortium or joint venture.
Responses to ‘Reference Projects’ is not scored, but is required to be completed.
Responses to Statements (A)-(H) shall be assessed on the basis of Pass or Fail. Economic operators who fail to satisfy these minimum standards (either they answer ‘No’ or fail to provide an acceptable answer) shall be excluded from the procurement competition.
The responses to Statements (I)-(O) shall be assessed on the basis of a score with a minimum threshold of three (following all evaluators individual scores being averaged), using the following scoring mechanism
— Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion (0-2 Unacceptable).
— Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/ capacity/capability (3-4 Weak).
— Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature (5-6 Acceptable).
— Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (7-8 Good).
— Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (9-10 Excellent).
In response to ESPD Question Ref 4C.6 economic operators shall be required to insert a suitable response to Statement (G) demonstrating competence in the role of principle contractor and principal designer under CDM 2015 and also confirm that they are willing to accept this role under the contract.
Under ESPD Questions 4C.7 and 4D.1 economic operators shall be required to insert suitable responses to statements (D), (E) and (F) demonstrating that they have in place appropriate quality, environmental and health and safety management systems. Economic Operators should specify their recognised accredited system or own non-accredited system which will ultimately shall be adopted if awarded the contract. Subsequently, under ESPD, Question Ref. 4D.1 economic operators are required to confirm their compliance and be able to provide the appropriate certification.
The responses to statements (D), (E) and (F) shall each be assessed on the basis of Pass or Fail. Economic operators who obtain a Fail in either of their responses shall not be considered further in this procurement competition.
Where a maximum word count has been stated on any statement, words used within graphics, tables and descriptions under any pictures, graphics and tables will not contribute towards the word count.
Please refer to supplementary document reference ‘III.1.3 Technical and Professional Ability Statements – North East Unit.’
Each of these statements should be answered using the attached supplementary document ‘III.1.3 Technical and Professional Ability Response Tables North East Unit.’
Section IV: Procedure
Section VI: Complementary information
Economic operators should note that the estimated contract Value advertised at section II.1.5) covers the potential maximum duration of the contract (12 years) including contract price fluctuation (inflation).
Economic operators successful in being invited to participate in the competitive dialogue stage of the procurement will be provided with a tender rates entry spreadsheet (the Financial model) which they will be required to populate and submit at the time of final tender submission. This model will cover the base period of 8 years (8-year quantities) for comparative cost purposes, exclusive of inflation.
Economic operators are advised to allow adequate time for uploading documents to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
The Scottish Ministers shall not evaluate any submissions received past the specified deadline, unless the delay is caused by a situation out with the control of the economic operator, the determination of which shall be at the sole discretion of the Scottish Ministers.
Compliance with achieving the specified deadline is the sole responsibility of the economic operator.
Economic operators which alter their compositions after making a submission will be the subject of a re-evaluation. Any request by Economic operators for clarification of any part of the documentation shall be made through the PCS website. The deadline to submit questions relating to the submission via the PCS portal is noon on 30 October 2020.
Neither Transport Scotland nor the Scottish Ministers shall be responsible in any way to economic operators as a result of any delay or failure in answering any requests for clarification or any decision not to answer a request for clarification (either in full or in part). Absence of a response from Transport Scotland or the Scottish Ministers shall not entitle economic operators to qualify their submission.
The Scottish Ministers reserve the right not to conclude any contract as a result of the procurement process initiated by this notice and to make whatever changes the Scottish Minsters deem appropriate to the content, process, timing and structure of the procurement process.
Transport Scotland and the Scottish Ministers shall have no liability for any costs howsoever incurred by those participating in the competition.
Economic operators should be aware that all information submitted to the Scottish Ministers may need to be disclosed and/or published by the Scottish Ministers in compliance with the Freedom of Information (Scotland) Act 2002.
Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland website at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=630942
The buyer has indicated that it will accept electronic responses to this notice via the postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
A subcontract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361
A summary of the expected community benefits has been provided as follows:
A summary of the expected community benefits will be detailed in the procurements and may relate to — training and recruitment, the availability of subcontracting opportunities or approaches intended to improve the economic, social or environmental wellbeing of the areas to which the contract relates.
Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=630942
An economic operator that suffers or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session.