United Kingdom-Belfast: Construction work
Contract notice – utilities
Section I: Contracting entity
Main address: www.nienetworks.co.uk
Address of the buyer profile: https://e-sourcingni.bravosolution.co.uk
Section II: Object
B947 (2018) Excavation, Cable Laying and Reinstatement.
The Contracting Entity intends to establish a framework arrangement under which it shall appoint Economic Operators to enter into separate Framework Agreements for the provision of excavation, cable laying and reinstatement works and related services, across a number of separate Lots, as follows: Lot 1 Belfast District, Lot 2 North District, Lot 3 South District, Lot 4 East District, Lot 5 West District and Lot 6 Major Projects.
Each Framework Agreement will be for a period of five (5) years with an option, exercisable entirely at the discretion of the Contracting Entity and subject to the terms of the Framework Agreement, to extend by a further optional period of up to three (3) years, with a total potential duration of eight (8) years.
The Contracting Entity estimates that the total spend under the Framework Agreements could be up to 140 000 000 GBP. However, based on current requirements, the total spend is anticipated to be between 101 600 000 GBP and 129 600 000 GBP.
Lot 1 Belfast District
This Lot will include:
— The excavation and reinstatement of trenches and joint holes.
— Installation of electricity cables (33kV, 11kV, LV mains and LV service) and related equipment (including minipillars, underground distribution boxes, auxiliary cables, ducts, etc.) associated with:
a. Provision of New Customer Connections
b. Fault and Emergency Response
c. Asset Installation / Replacement / Upgrade Works
— Cable Jointing of 33kV, 11kV, LV and Service Cables.
— Management of Streetworks activities including signing, lighting and guarding of works to Chapter 8 of the Traffic Signs Manual.
Economic Operators should note that whilst Cable Jointing of 33kV, 11kV, LV and Service Cables is included within the description of Works above and Economic Operators will be required to submit details of their proposed pricing for such Works if short-listed for Tender Stage, to date the Contracting Entity has undertaken most of these Works itself. Inclusion of this element of Works then is an option which the Contracting Entity may or may not avail of during the term of the Framework Agreements awarded for each of the Lots and the Contracting entity does not provide any warranty or commitment that it will require any, or any minimum level of, such Works under any of the Lots.
It is intended that the Contracting Entity will enter into a Framework Agreement with one Economic Operator for this Lot (in the form attached at Appendix M of the Tender Documents) with Call-off Contracts allocated on a direct award basis, as set out in the Call-off Procedure (in Appendix C of the Tender Documents).
At the end of the term, the framework arrangement may be subject to retender.
As specified within the PQQ and/or tender documents available from the address specified at 1.3 above with the reference Project B947 (2018) Excavation, Cable Laying and Reinstatement.
The Schedule of Rates applicable under any extended period will be subject to agreement between the Contracting Entity and the Economic Operator that is a party to the relevant Framework Agreement(s).
Economic Operators' attention is drawn to the specific requirements outlined in Section
VI.3 — Additional Information below.
Lot 2 North District
Lot 3 South District
Lot 4 East District
Lot 5 West District
Lot 6 Major Projects
b. Asset Installation / Replacement / Upgrade Works
Call-off Contracts under this Lot will be allocated on a mini-competition basis, as set out in the Call-off Procedure (in Appendix C of the Tender Documents).
It is envisaged that the Works awarded under Lot 6 will generally be greater than 2km in route length and may be required anywhere in Northern Ireland. However, in the event that, due to reasons of operational urgency, emergency, timescale pressures due to third party requirements or other reasons, the Contracting Entity, acting at its discretion, considers that there is insufficient time to carry out a mini-competition among the Economic Operators appointed to Lot 6 for award of certain Works, the Contracting Entity reserves the right to directly award such Works on a geographic basis under Lots 1 to 5 instead.
It is intended that all Economic Operators awarded Framework Agreements for Lot 1, 2, 3, 4 and 5, will also be awarded a Framework Agreement for Lot 6. Economic Operators ranked in second place in the competition for each Lots 1 to 5 will not be awarded a Framework Agreement for those Lots, but will be awarded a Framework Agreement for Lot 6. Where an Economic Operator ranked in second place in any of Lots 1 to 5 has already been awarded a Framework Agreement for Lot 6 then a Framework Agreement will be awarded to the third ranked Economic Operator in the competition for the relevant Lot. If the Economic Operator ranked in third place in the relevant Lot has already been awarded a Framework Agreement for Lot 6 then a Framework Agreement will be awarded to the fourth ranked Economic Operator in the competition for the relevant Lot. This process will continue until a second Economic Operator is awarded a Framework Agreement for Lot 6 or the ranked list of Economic Operators for that Lot has been exhausted.
Section III: Legal, economic, financial and technical information
In addition to the selection criteria as stated in the procurement documents, Economic Operators should note that a cumulative financial assessment will apply at pre-qualification stage where an Economic Operator is applying for more than one Lot. Further information is contained within MoI — Part B.
Section IV: Procedure
Section VI: Complementary information
Economic Operators tendering for one or more of Lots 1 to 5 must also submit a Tender Response for Lot 6. Failure to do so will result in the Economic Operator being excluded from the Procurement. For the avoidance of doubt, Tender Responses are not permitted for Lot 6 alone.
There is no restriction on the number of Lots an Economic Operator can apply for. However, the number of Lots an Economic Operator can be awarded a Framework Agreement for is restricted to three, one of which will automatically by Lot 6. Economic Operators will therefore only be awarded a maximum for two Framework Agreements in respect of Lots 1 to 5 (inclusive).
Economic Operators should be aware that a cumulative financial assessment will be applied where an Economic Operator is applying for more than one Lot. Further information is contained in MoI — Part B.
Where an Economic Operator awarded a Framework Agreement in any of Lots 1 to 5 (inclusive) subsequently becomes ineligible, withdraws from the procurement or has its Framework Agreement terminated by the Contracting Entity for any reason, the Contracting Entity may, but shall not be obliged to, award a Framework Agreement to a replacement Economic Operator that was ranked originally in that Lot following completion of this competition. In such instance, the Contracting Entity would award the Framework Agreement to the Economic Operator that ranked in second place in the original competition for that Lot, on the basis of its original Tender Response, unless that Economic Operator has already been awarded a Framework Agreement for a maximum of two of Lots 1 to 5 (inclusive), in which case the Framework Agreement would be awarded to the next ranked Economic Operator in that Lot (and so on).
Framework Agreements will be subject to performance reviews and require compliance with key performance indicators, as detailed therein. Economic Operators that do not successfully pass the annual performance review will have their Framework Agreement terminated, in accordance with the terms of the Framework Agreement. In the event that an Economic Operator appointed to more than one Lot has their Framework Agreement terminated for one Lot, the Contracting Entity reserves the right to terminate the Economic Operator's Framework Agreement for the remaining Lot(s).
Economic Operators should note that, in accordance with the provisions of Appendix F9 of the Tender Documents, if the Contracting Entity requests that the Economic Operator puts in place an improvement plan in relation to any Works undertaken under any Lot, this may result in temporary restrictions on that Economic Operator's eligibility to be awarded Call-off Contracts under any Lot to which it is appointed.
The Contracting Entity cannot guarantee the quantity or continuity of Works to be instructed under the Contract for each Lot.
The Contracting Entity will not be responsible for meeting any costs incurred by any successful Economic Operator should the number of opportunities fall short of a successful Economic Operator's expectations. The Contracting Entity reserves the right to procure similar or identical work outside the Framework Agreement.
Where an Economic Operator awarded a Framework Agreement subsequently becomes ineligible or withdraws from the Procurement, the Contracting Entity will not be obliged to but may award a Framework Agreement to a replacement Economic Operator.
The costs of responding to this OJEU notice and participation in the procurement will be borne by each Economic Operator. All discussions and correspondence will be deemed strictly subject to contract until a formal framework agreement is entered into. Economic Operators should note that only once the Contracting Entity has entered into a Call-off Contract under a Framework Agreement will there be a binding commitment to deliver the Works. A Framework Agreement will not be binding until it has been signed and dated by the authorized representatives of both parties.
The Contracting Entity will incorporate a minimum 10 calendar day standstill period at the point information on the award of the Framework Agreements is communicated to all Economic Operators. The standstill period provides time for unsuccessful Economic Operators to challenge the award decision before the Framework Agreements are entered into. The Utilities Contracts Regulations 2016 provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (Northern Ireland).