Works - 66117-2018

13/02/2018    S30    - - Works - Contract notice - Negotiated procedure 

United Kingdom-London: Railway construction works

2018/S 030-066117

Contract notice – utilities


Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Network Rail Infrastructure Ltd
1 Eversholt Street
United Kingdom
Contact person: Matthew McCarty
Telephone: +44 7701060358
NUTS code: UK

Internet address(es):

Main address:

Address of the buyer profile:

I.2)Information about joint procurement
The procurement documents are available for unrestricted and full direct access, free of charge, at:
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via:
Tenders or requests to participate must be submitted to the abovementioned address
I.6)Main activity
Railway services

Section II: Object

II.1)Scope of the procurement

CP6 IP Southern Multi-Discipline (SMD) Framework

II.1.2)Main CPV code
II.1.3)Type of contract
II.1.4)Short description:

Network Rail is carrying out a procurement exercise to establish a framework for the management and delivery of multi-disciplinary works across Anglia, Southeast and Wessex routes. The framework is intended to cover works to all categories of railway assets including enhancements and renewals comprising: building & civils, electrification, power, signaling, telecommunications and track works. The scope of the frameworks will also include design works.

These works will be undertaken primarily on Anglia, Southeast and Wessex routes, however, the framework will be available for use by other Network Rail regions across the UK Rail Network.

Network Rail will appoint three framework providers and is restricting the number of Routes a tenderer may be awarded to a maximum of one to ensure it maintains operational security.

II.1.5)Estimated total value
Value excluding VAT: 7 000 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: no
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UK
Main site or place of performance:

Anglia, Southeast and Wessex Routes.

II.2.4)Description of the procurement:

Management and delivery of multi-disciplinary works through a framework agreement covering all categories of railway assets including both enhancements and renewals and comprising: building & civils, electrification, power, signaling, telecommunications and track works.

As stated in Section II.2.7, each framework will have an initial duration of 5 years with a right for Network Rail to extend for up to 3 years (3 x 12 month periods).

The initial period will cover works envisaged to take place from Year 1 onwards of Control Period 6 (CP6) and therefore from April 2019 - 2024. The options to extend for Years 1, 2 and 3 of Control Period 7 (CP7) will be subject to funding approval at the time.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 7 000 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 96
This contract is subject to renewal: yes
Description of renewals:

The initial duration of the frameworks will be 5 years with an option for Network Rail to extend the term of each framework by 12 month periods on up to three occasions (subject to a maximum total extension of the initial term of three years).

II.2.9)Information about the limits on the number of candidates to be invited
Maximum number: 9
Objective criteria for choosing the limited number of candidates:

Applicants are referred to the procurement documents for further information on Network Rail's criteria for selecting applicants to be invited to tender; pre-qualification will take place in two stages:

1) written questions followed by;

2) an on-site assessment and interviews focusing on health, safety and sustainability.

Network Rail intends to select nine (9) applicants to the invitation to tender stage, provided each applicant satisfies the pre-qualification requirements (including minimum scoring thresholds set out in the pre-qualification instructions).

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project: As this Framework will cover both renewal and enhancement works, there is potential that certain projects called off under this Framework maybe, either in full or in part, funded by the European Union
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
III.1.2)Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.1.4)Objective rules and criteria for participation
List and brief description of rules and criteria:

Applicants are referred to the procurement documents for information about Network Rail's rules and criteria for participation.

III.1.5)Information about reserved contracts
III.1.6)Deposits and guarantees required:

A Bond / Parent Company Guarantee may be required.

III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The main financing conditions, payment mechanism, performance standards and incentive mechanism are described in the procurement documents.

The draft procurement documents are available via our electronic procurement system (BravoNR) and tender documents will be updated prior to the formal issue of the invitation to tender.

The form of the contract governing these arrangements will be based on an amended version of the New Engineering Contract (NEC3).

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Network Rail will accept pre-qualification and tender submissions from single entities or consortia. Network Rail does not require those consortia who intend to form a single legal entity to do so at the pre-qualification stage. If consortia members change at any point during the procurement process, Network Rail reserves the right to revisit the pre-qualification stages to consider the impact of the updated information.

Network Rail 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.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

Applicants are referred to the procurement documents for further information.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1.1)Type of procedure
Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 3
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2017/S 246-516011
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 26/03/2018
Local time: 11:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 28/05/2018
IV.2.4)Languages in which tenders or requests to participate may be submitted:
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 5 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:

2024 - 2027

VI.2)Information about electronic workflows
VI.3)Additional information:

The procurement documents are available via the link in Section I.3. These include the Instructions to Participants (which include general instructions, pre-qualification instructions and draft instructions to tender), Works Information, draft Tender Submission Forms and the draft Framework terms and conditions (including the Call-Off Procedure).

A web-link to the market briefing event held on 29.1.2018 is also included in the document pack. Applicants are required to complete and submit one pre-qualification questionnaire by the date set out in Section IV.2.2 in order to express an interest in this opportunity (pre-qualification stage 1) and be considered for pre-qualification stage 2 - further details are included in the Instructions to Participants.

This opportunity relates to the appointment of a single framework provider for each of the three routes - Anglia Southeast and Wessex (which form Network Rail's Southern region). The opportunity is not divided into lots but the routes will be allocated to the three highest scoring tenderers based on tenderer preferences (assuming a tenderer wishes to tender for more than one route), starting with the preference specified by the highest scoring tenderer - further details are provided in the Instructions to Participants.

The call-off process under each framework envisages that, in certain circumstances, one route contractor may be required to carry out work in another route and/or participate in mini-competitions with the other two route contractors to be awarded work. In addition, the call-off process under the framework also envisages that in certain circumstances, other Network Rail regions may use one or more of the framework providers to award renewals and enhancement works. Further details are provided in the draft framework terms and conditions.

The value stated in Section II.1.5 and Section II.2.6 is an estimated overall value of the framework (for the three routes) across the initial period and assuming the options to extend are exercised. Whilst Network Rail retains some understanding of the value of the renewals portfolio, due to the way enhancement schemes are funded, the value of enhancements is purely indicative and subject to change. For the purposes of assessing the overall value across the three route frameworks, Network Rail has assumed that 100% of the Enhancement schemes for CP6, known at the time of publication of this notice, will be progressed.

In addition, the volume of work within CP7 is unknown and therefore Network Rail has based the value of the three x 12 months extensions upon CP6 current estimates. Recognising these constraints, it is estimated that the total value of the framework (across the three routes) may be in the region of 2 000 000 000,00 - 7 000 000 000,00 GBP. However, given the uncertainty over volumes and funding commitments, the overall value across the three routes may vary and therefore may be higher or lower than this range.

Network Rail reserves the right to cancel or suspend this procurement process at any time without incurring any cost or liability. Network Rail shall not be liable for any costs or expenses incurred by any organisation in responding to this notice or in tendering for the proposed framework. Network Rail does not bind itself to enter into any framework arising from this Notice and no contractual rights express or implied arising out of this Notice or arise out of the procedure envisaged by this Notice.

Network Rail reserves the right to disqualify any organisation who provides information or confirmations which later prove to be untrue or incorrect, does not supply the information required by this Notice or as otherwise directed by Network Rail during the procurement process.

VI.4)Procedures for review
VI.4.1)Review body
The High Court
United Kingdom
VI.4.2)Body responsible for mediation procedures
The High Court
United Kingdom
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Network Rail will incorporate a minimum 10 calendar day standstill period after notification to unsuccessful bidders and until such point will not enter into a contract for this requirement. Part 5 of the Utilities Contracts Regulations 2016 sets out the remedies available to economic operators and provides for aggrieved economic operators to take action in the High Court of England and Wales.

VI.4.4)Service from which information about the review procedure may be obtained
The High Court
United Kingdom
VI.5)Date of dispatch of this notice: