Asset Support Contracts Areas 4 and 12

Asset Support Contracts Areas 4 and 12

Highways Agency. Area 4 Location of works: A2 (W) between Junction with the M25 and A282 at Dartford and start M2 Junction 1; A2 (E) between M2 Junction 7 and Eastern Dock Roundabout (Junction with A20).UK-Leeds: Construction, foundation and surface works for highways, roads

2013/S 019-027970

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Highways Agency
Lateral Building, 8 City Walk
For the attention of: Catherine Chapman
LS11 9AT Leeds
UNITED KINGDOM
E-mail: catherine.chapman@highways.gsi.gov.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
National or federal agency/office
I.3)Main activity
General public services
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:
Asset Support Contracts Areas 4 and 12
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Design and execution
Main site or location of works, place of delivery or of performance: Lot 1 ASC 4.
Routes for Roads Maintenance, Renewal and Improvement elements, and Technology Renewal and Improvement elements:
Area 4 Location of works: A2 (W) between Junction with the M25 and A282 at Dartford and start M2 Junction 1; A2 (E) between M2 Junction 7 and Eastern Dock Roundabout (Junction with A20): M2 From Junction 1 to Junction 7; A20 between Eastern Dock Roundabout Junction with A2 East and M20 Junction 13; Limekiln Viaduct link to Dover Western Docks and Lord Warden Square, Dover; A2070 between Junction 10 of the M20 and Brenzett Roundabout Junction with the A259; A259 (E) between Brenzett Roundabout junction with the A2070 and Hastings at the junction with Mill Lane; A259 (W) between De La Warr Road Roundabout and Pevensey By Pass junction with A27; A27 between Pevensey By Pass junction with the A259 and Junction with Pook Lane at Warblington; M20 from after Junction 3, Trottiscliffe Road overbridge to M20 Junction 13 with the A20; A21 between Junction with the M25/A25 and Junction Road, junction with the A28 north of Hastings; A26 between junction with the A27 at Beddingham roundabout to junction with the A259 at Newhaven; M23 between A25 overbridge and M23 junction 11, A23; A23 between Junction 11 of the M23 and A23 junction with the A27; A23 between M23 Junction 9a and Airport Way Roundabout West; approximately 1 km of A22 at Polegate; and approximately 1km of A24 at Worthing.
Supporting Functions:
DBFO Routes within Area 4
All the above are within the counties of Kent, West Sussex, East Sussex, Surrey and Hampshire and the unitary authorities of Medway and Brighton & Hove.
Lot 2 ASC 12.
Routes for Roads Maintenance, Renewal and Improvement elements, and Technology Renewal and Improvement elements:
Area 12 Location of works: A180 from the A16 in Grimsby (North East Lincolnshire) to junction 5 of the M180 near Barnetby (North Lincolnshire).
A160 from the A1173 at Immingham (North Lincolnshire) to its intersection with the A180 near Habrough (North East Lincolnshire). M180, entire length. M181, entire length.
M18, entire length. A1 from the A614 near Blyth (Nottinghamshire) to Darrington (West Yorkshire).
M1 from junction 30 near Barlborough (Nottinghamshire) to its intersection with the M62 at junction 42 of the M1 near Ouzlewell Green (West Yorkshire).
A61 from junction 36 of the M1 near Hoyland (South Yorkshire) to its intersection with the A616 near Upper Tankersley (South Yorkshire).
A616 from where it meets junction 35a of the M1 to where it meets the A628 near Fullshaw (South Yorkshire).
A57 from the M67 to where it meets the A628 near Mottram in Longdendale (Greater Manchester).
A628 from the A57 near Mottram in Longdendale (Greater Manchester) to the A616 near Fullshaw (South Yorkshire).
A1033 from where it meets the B1362 near Hedon (East Yorkshire) to where it meets the A63 in Kingston-upon-Hull, including King George Dock access roundabout.
A63 from the A1033 in Kingston-upon-Hull to junction 38 of the M62 near North Cave (East Yorkshire).
M62 (excluding between junctions 28 and 29) from the A63 near North Cave (East Yorkshire) to junction 22 Saddleworth Moor (West Yorkshire). M606, entire length. M621, entire length, A64 from junction 45 of the A1(M) near Bramham (West Yorkshire) to where the trunk road ends near Eastfield (North Yorkshire).
A631 lower deck of Tinsley viaduct at M1 junction 34.
Supporting Functions:
DBFO Routes within Area 12
All the above are within the counties of Yorkshire,North Lincolnshire, Derbyshire and part of Greater Manchester.
Routes for Supervision/Management of the North East Regional Technology Maintenance Contract:
Area 12 Routes: A180 from the A16 in Grimsby (North East Lincolnshire) to junction 5 of the M180 near Barnetby (North Lincolnshire).
A160 from the A1173 at Immingham (North Lincolnshire) to its intersection with the A180 near Habrough (North East Lincolnshire). M180, entire length. M181, entire length.
M18, entire length. A1 from the A614 near Blyth (Nottinghamshire) to Darrington (West Yorkshire).
M1 from junction 30 near Barlborough (Nottinghamshire) to its intersection with the M62 at junction 42 of the M1 near Ouzlewell Green (West Yorkshire).
A61 from junction 36 of the M1 near Hoyland (South Yorkshire) to its intersection with the A616 near Upper Tankersley (South Yorkshire).
A616 from where it meets junction 35a of the M1 to where it meets the A628 near Fullshaw (South Yorkshire).
A57 from the M67 to where it meets the A628 near Mottram in Longdendale (Greater Manchester).
A628 from the A57 near Mottram in Longdendale (Greater Manchester) to the A616 near Fullshaw (South Yorkshire).
A1033 from where it meets the B1362 near Hedon (East Yorkshire) to where it meets the A63 in Kingston-upon-Hull, including King George Dock access roundabout.
A63 from the A1033 in Kingston-upon-Hull to junction 38 of the M62 near North Cave (East Yorkshire).
M62 (excluding between junctions 28 and 29) from the A63 near North Cave (East Yorkshire) to junction 22 Saddleworth Moor (West Yorkshire). M606, entire length. M621, entire length, A64 from junction 45 of the A1(M) near Bramham (West Yorkshire) to where the trunk road ends near Eastfield (North Yorkshire).
A631 lower deck of Tinsley viaduct at M1 junction 34.
M1-A1 link ( M62 junction 28 to 29, M1 Junction 41 to 48 and A1(M) junction 43 to 44).
May Include:
D2D A1(M) Darrington DBFO (south of M62 to junction 43)
A1(M) (junction 44 to junction 49 Dishforth),
Area 14 Routes: Northumberland, Tyneside, Wearside, Durham, North Yorkshire;
A1(M) from Junction 49 at Dishforth (North Yorkshire) to Junction 51 at Leeming.
A1 from Junction 51 to Junction 56 on A1 (M) at Barton (North Yorkshire).
A1(M) from Junction 56 Barton (North Yorkshire) to Junction 65 Birtley Interchange (Gateshead).
A1 from Junction 65 A1(M) to Scottish Border.
A194(M) from Junction 65 on A1(M) to Junction A184/A194 White Mare Pool (South Tyneside) entire length.
A184 from Junction A184/A194 White Mare Pool to Junction A19 Testo’s Roundabout (South Tyneside).
A19 from Wallsend Interchange (North Tyneside) to Junction with A1 at Seaton Burn (Northumberland).
A696 from Junction A1 Kenton Bar (Newcastle) to Prestwick Roundabout (Northumberland).
A66 from Cumbria Boundary to Junction with A1 at Scotch Corner (North Yorkshire).
A66(M) from A1(M) Junction 57 to Blackwell Roundabout (North Yorkshire).
A66 from Blackwell Roundabout to Teesside Park (Stockton-on-Tees).
A168 roundabouts and link roads on A1 (M)/A168 Dishforth Interchange (North Yorkshire).
A195(M) from Junction 64 on A1 (M) to A195 Western Highway (Gateshead).
A167 roundabouts at Junction 59 Coatham Mundeville and at Junction 63 A1(M) Blind Lane (Durham).
A68 roundabout link at Junction 58 (A1M) Burtree Interchange (Darlington).
A689 roundabout at Junction 60 (A1M) Bradbury Interchange (Durham).
A177 roundabout at Junction 61(A1M) Bowburn Interchange (Durham).
A690 roundabout at Carrville Interchange to Junction 62 A1 (M) Carrville (Durham).
A19 DBFO route (A168 at it’s junction with the A1(M) junction 49 to junction with A19 at Thirsk, A19 at Thirsk to the Tyne Tunnel, A174 between Parkway and Wilton and the A1053), A69 DBFO route(Junction with A1 to the boundary with Cumbria).
NUTS code UK
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)
Lot 1: ASC Area 4.
The successful Contractor will be required to provide integrated network management, maintenance, improvement activities, incident management, event management and contingency planning on all purpose trunk roads and motorways in Highways Agency (HA) Area 4 in accordancewith HA’s standards and objectives.
Duties include:
All routine and cyclic road and bridge maintenance works, including winter maintenance and capital schemes, (but excluding S278 works unless instructed), which will have an upper value limit of between GBP 4 000 000 and 8 000 000.
The final contract documentation will confirm the limit.
Duties may also include the following:
Provision of planning advice, design, co-ordination and management of maintenance and improvement schemes (unlimited by value).
Supporting functions in relation to HA DBFO routes
Lot 2: ASC Area 12.
The successful Contractor will be required to provide integrated network management, maintenance, improvement activities, incident management, event management and contingency planning on all purpose trunk roads and motorways in Highways Agency (HA) Area 12 in accordance with HA’s standards and objectives.
Duties include:
All routine and cyclic road and bridge maintenance works, including winter maintenance and capital schemes, (but excluding S278 works unless instructed), which will have an upper value limit of between GBP 4 000 000 and 8 000 000.
The final contract documentation will confirm the limit.
Co-location with, facilities for the management of the Highways Agency Regional Technology Maintenance Contract (RTMC North East) for Areas 12 and 14, M1-A1 link road DBFO and A19 DBFO.
May include: DBFO routes A69 and Darrington to Dishforth
Duties may also include the following:
Provision of planning advice, design, co-ordination and management of maintenance and improvement schemes (unlimited by value).
Supporting functions in relation to HA DBFO routes for Areas 12 and 14, M1-A1 link road DBFO & A19 DBFO, Darrington to Dishforth DBFO and A69 DBFO from A1 to the Cumbria boundary where instructed.
II.1.6)Common procurement vocabulary (CPV)

45233000, 45314000, 45223000, 71500000, 34970000, 34996000, 71300000, 34920000, 45316000, 71631480, 71631450, 45221000

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: yes
Tenders may be submitted for one or more lots
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
The estimated range of values quoted below are per annum over the total duration of the contracts (Lot) 1 Area 4 and (Lot) 2 Area 12 combined.
Estimated value excluding VAT.
Estimated value excluding VAT:
Range: between 140 000 and 165 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: The contracts (Lots) will be for a period of 5 years from the acccess date (01/10/2014) with the scope to extend by up to a further 3 years, subject to HA operational requirements and satisfactory contractor performance.
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Starting 30.3.2014. Completion 29.9.2019

Information about lots

Lot No: 1 Lot title: Asset Support Contract for Area 4

1)Short description
The successful Contractor will be required to provide integrated network management, maintenance, improvement activities, incident management, event management and contingency planning on all purpose trunk roads and motorways in Highways Agency (HA) Area 4 in accordancewith HA’s standards and objectives.
Duties include:
All routine and cyclic road and bridge maintenance works, including winter maintenance and capital schemes, (but excluding S278 works unless instructed), which will have an upper value limit of between GBP 4 000 000 and 8 000 000.
The final contract documentation will confirm the limit.
Duties may also include the following:
Provision of planning advice, design, co-ordination and management of maintenance and improvement schemes (unlimited by value).
Supporting functions in relation to HA DBFO routes.
2)Common procurement vocabulary (CPV)

45233000, 45314000, 45223000, 71500000, 34970000, 34996000, 71300000, 34920000, 45316000, 71631480, 71631450, 45221000

3)Quantity or scope
The estimated range of values quoted below are per annum over the total duration of the contract (Lot).
Estimated value excluding VAT.
Estimated value excluding VAT:
Range: between 55 000 000 and 70 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Starting 30.3.2014. Completion 29.9.2019
5)Additional information about lots
The Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction.
Lot No: 2 Lot title: Asset Support Contract for Area 12
1)Short description
The successful Contractor will be required to provide integrated network management, maintenance, improvement activities, incident management, event management and contingency planning on all purpose trunk roads and motorways in Highways Agency (HA) Area 12 in accordance with HA’s standards and objectives.
Duties include:
All routine and cyclic road and bridge maintenance works, including winter maintenance and capital schemes, (but excluding S278 works unless instructed), which will have an upper value limit of between GBP 4 000 000 and 8 000 000.
The final contract documentation will confirm the limit.
Co-location with, facilities for the management of the Highways Agency Regional Technology Maintenance Contract (RTMC North East) for Areas 12 and 14, M1-A1 link road DBFO and A19 DBFO.
May include: DBFO routes A69 and Darrington to Dishforth
Duties may also include the following:
Provision of planning advice, design, co-ordination and management of maintenance and improvement schemes (unlimited by value).
Supporting functions in relation to HA DBFO routes for Areas 12 and 14, M1-A1 link road DBFO and A19 DBFO, Darrington to Dishforth DBFO and A69 DBFO from A1 to the Cumbria boundary where instructed.
2)Common procurement vocabulary (CPV)

45233000, 45314000, 45223000, 71500000, 34970000, 34996000, 71300000, 34920000, 45316000, 71631480, 71631450, 45221000

3)Quantity or scope
The estimated range of values quoted below are per annum over the total duration of the contract (Lot).
Estimated value excluding VAT.
Estimated value excluding VAT:
Range: between 85 000 000 and 95 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Starting 30.3.2014. Completion 29.9.2019
5)Additional information about lots
The Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Those invited to tender will be advised in the tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Lump sum duties: fixed monthly payments.
Schemes constructed by the provider: monthly payments of defined costs with financial incentives related to scheme target sum.
Design and management of schemes: Ad valorem fee.
Other management and technical services including winter maintenance fleet non routine maintenance costs: Cost reimbursable.
Full details of the payment mechanisms will be included in the contract documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
(i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the contract.
(ii) For Single Legal Entities/Incorporated Joint Ventures submitting an acceptable offer, the consortium must provide a Corporate statement of intent to form itself into a single legal entity before any contract can be awarded.
The Contractor must state in its expression of interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the Contractor must also confirm the names of all the contracting entities with the Employer should they be selected to tender.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: A Parent Company Guarantee will be required where the financial assessment of the applicant does not meet the required level for the contract. In the event of an applicant not meeting the minimum financial criteria, and where a parent company structure exists, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria. This may potentially result in escalation up to the ultimate parent or failure of financial assessment where the ultimate parent company does not meet the financial assessment criteria.
For a joint and severable liable joint venture each constituent of the joint venture shall meet at least 60 % of the financial standing stated for this contract, or where a parent company structure exits, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria.
Where an incorporated joint venture is proposed, Parent Company Guarantees will be required.
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: 1. The supplier must declare if it or any of its directors any other person who has powers of representation, decision or control of the supplier has been convicted of any of the following offences—
(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA
(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(20) or section 1 of the Prevention of Corruption Act 1906(21), where the offence relates to active corruption;
(c) the offence of bribery, where the offence relates to active corruption;
(c)(a)bribery within the meaning of section 1 or 6 of the Bribery Act 2010(22);
(d) fraud, where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities(23), within the meaning of—
(i) the offence of cheating the Revenue;
(ii) the offence of conspiracy to defraud;
(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979(31) or section 72 of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968(34) or section 19 of the Theft Act (Northern Ireland) 1969;
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or
(ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;
(e) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002;
(e)(a) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;
(e)(b) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or
(f) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State
The Highways Agency shall treat as ineligible and shall not select a supplier has been convicted of any of the above offences
The Highways Agency may apply to the relevant competent authority to obtain further information regarding the supplier and in particular details of convictions of the offences listed above if it considers it needs such information to decide on any exclusion referred to above.
In any case where supplier or its directors or any other person who has powers of representation, decision or control has been convicted of an offence described in paragraph (1), the Highways Agency may disregard the prohibition described there if it is satisfied that there are overriding requirements in the general interest which justify doing so in relation to that economic operator in order to maintain or enable sufficient competition.
2. The Supplier must declare if any of the following (a) to (j) it or any of its directors any other person who has powers of representation, decision or control of the supplier is applicable. The Highways Agency shall consider a supplier as ineligible or decide not to select supplier in accordance with the Procurement Regulations on one or more of the following grounds , namely that the economic operator or any of its directors any other person who has powers of representation, decision or control of the economic operator (supplier) —
(a) being an individual is a person in respect of whom a debt relief order has been
made or is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;
(b) being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate;
(c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of the above procedures or is the subject of similar procedures under the law of any other state;
(d) has been convicted of a criminal offence relating to the conduct of his business or profession;
(e) has committed an act of grave misconduct in the course of his business or profession;
(f) has not fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;
(g) has not fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the supplier is established;
(h) is guilty of serious misrepresentation in providing any information referred to within regulation or regulation 24, 25, 26 or 27 of the Public Contracts Regulations 2006 as (amended), or has not provided such information in response to a request by the contracting authority
(i) in relation to procedures for the award of a public services contract, is not licensed in the relevant State in which he is established or is not a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member; or
(j) subject to Regulation 23 paragraphs (7), (8) and (9) of the Public Contracts Regulations 2006, as amended , is not registered on the professional or trade register of the relevant State specified in Schedule 6 in which he is established under conditions laid down by that State.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Contractors or Incorporated Joint Ventures (Single Legal Entities) submitting an expression of interest should provide their Constructionline registration number. For Unincorporated Joint Ventures submitting an expression of interest each member of the group should provide their individual Constructionline registration number.
Constructionline is the UK Government’s national pre-qualification register for construction contractors and consultants. If a Contractor is not registered with Constructionline please contact immediately the Procurement Officer named in I.1.
Minimum level(s) of standards possibly required: Lot 1: ASC 4 The Constructionline Notation Value for this contract is GBP 62,500,000. The Constructionline Categories of Work for this contract are Civil Engineering. Construction: sub-category Civil Engineering, or Civil Engineering and Infrastructures: sub-category Road Construction.
Lot 2: ASC 12 The Constructionline Notation Value for this contract is GBP 90,000,000. The Constructionline Categories of Work for this contract are Civil Engineering. Construction: sub-category Civil Engineering, or Civil Engineering and Infrastructures: sub-category Road Construction.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Means of proof required – Contractors must provide (along with their expression of interest to this Notice) the following:
(a) a list of the applicant companies that will contract directly with the HA whether in their own rights or as part of a Joint Venture or other formal partnership to provide the technical capacity necessary to deliver the work under the contract and a statement of the technical services provided by any such companies.
(b) for the Contractor and any applicant companies identified under Section III.2.3(a) they will be required to demonstrate technical capacity and past experience carried out over the past five years against the following criteria:
Did your duties within this contract require you to:
1) Operate as an integrated team e.g. client, extended supply chain, other service providers?
2) Liaise with and manage expectations of stakeholders and third parties including the general public?
3) Deal promptly and accurately with customer correspondence, enquiries and feedback?
4) Operate a robust quality management, budget management, project management and cost capture process?
5) Identify and take action to manage risk on behalf of the client?
6) Maintain up to date and accurate asset inventory databases together with a comprehensive record of actions and documents generated?
7) Fulfil the role of principal contractor under CDM Regulations?
8 Fulfil the role of designer under CDM Regulations?
9) Produce a target cost submission?
10) Operate robust programme management and time forecasting processes?
11) Comply with a construction quality plan?
12) Conduct Traffic Management on a ‘motorway or trunk road’?
13) Deliver a programme of improvements to a road/asset network?
14) Deliver a routine service and winter service on a road/asset network?
15) Manage, design, commission and supervise maintenance works on a road/asset network?
16) Maintain a road network asset in a safe and serviceable condition?
17) Provide information on (road) work activity, incidents, events and alternative routes?
More details can be found in document 4 “Technical Ability Guidance” in the Pre-Qualification Pack – see VI.3 Additional Information.
(c) for the Contractor and applicant companies identified under section III.2.3(a) a Highways Agency Health and Safety Assessment Certificate 2007/2008.
Any contractor or applicant company who has not undergone a Highways Agency Health and Safety Assessment must immediately notify the procurement officer named in section I.1 of this notice.
See point VI.3 Additional Information for full details of how to obtain the PQP.
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
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators: 5
Objective criteria for choosing the limited number of candidates: See VI.3 Additional Information.
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 in the specifications, in the invitation to tender or to negotiate or in the descriptive document
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:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2012/S 248-410029 of 21.12.2012

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
28.2.2013 – 17:00
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
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 Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction. Suppliers interested in submitting an expression of interest for this proposed contract should request a copy of the Pre-Qualification Pack (PQP) through the
Highways Agency’s eSourcing Portal (https://highways.bravosolution.co.uk). Completed forms and responses must be received by the Highways Agency, via the Highways Agency’s e-Sourcing Portal (https://highways.bravosolution.co.uk), by the deadline at section IV.3.4. How to Express Interest in this Tender:

Register your company on the eSourcing portal (this is only required once) – Browse to the eSourcing Portal: https://highways.bravosolution.co.uk and click the link to

1. Register – Accept the terms and conditions and click ‘continue’ – Enter your correct
business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure).
2. Express an Interest in the tender – Login to the portal with the username/password
– Click the ‘PQQs/ITTs Open to All Suppliers’ link. (These are Pre-Qualification
Questionnaires or Invitations to Tender open to any registered supplier) – Click on
the relevant PQQ to access the content – Click the ‘Express Interest’ button in the ‘Actions’ box on the left-hand side of the page – This will move the PQQ into your
‘My PQQs’ page. (This is a secure area reserved for your projects only) – You can now access any attachments by clicking the ‘Settings and Buyer Attachments’ in the
‘Actions’ box
3. Responding to the tender – You can now choose to ‘Reply’ or ‘Reject’ (please give a reason if rejecting) – You can now use the ‘Messages’ function to communicate with
the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ – There may be a mixture of online and
offline actions for you to perform (there is detailed online help available) You must then publish your reply using the publish button in the ‘Actions’ box on the left hand side of the page. If you require any further assistance please consult the online
help, or contact the eTendering help desk.
Expressions of interest must be submitted from the Contractor’s registered office address. Each member of a Joint Venture (JV) must submit a letter from their own
registered office confirming all company names in the proposed JV.
Contractors should note that the Highways Agency may choose to publish the names of Contractors on its tender list for this contract after invitation to tender letters have been dispatched. This procurement falls within the scope of HM Revenue and Customs’ Construction Industry Scheme.
The successful Contractor will be appointed to fulfil the duties of Principal Contractor and CDM Co-ordinator under the Construction (Design and Management) Regulations 2007.
Following pre-qualification, Vendor Ratings will be calculated using the validated Highways Agency’s Strategic Alignment Review Toolkit (StART), Past Performance Data (PPD) and Added Value scores, at a ratio of 60:35:5 (60% StART 35% PPD and 5% Added Value), for those companies listed under III.2.3(a) of this Notice that the Highways Agency deems to have a significant impact on the delivery of the work under the
contract as an applicant company. While all parts of the Pre-Qualification Pack must be completed and submitted it will
only be assessed if it is necessary to produce a short-list from the number of applications received. The tender list for these contract(s) (Lots), will be compiled from the highest Vendor Rated expressions of interest subject to an overview of market issues and other relevant circumstances and as such the Highways Agency reserves the right to invite tenders from more operators than the number given in IV.1.2. Contractors must immediately notify the Procurement Officer named in Section I.1 of this Notice if they or any of the key companies listed in III.2.3(a) have not got a validated StART score. Past Performance Data submissions are required in the format of details of two reference contracts (that is two reference contracts for each of the applicant companies) carried out over the past eight years that are of a similar type, value
and complexity to that described in Section II of this Notice. In this paragraph ‘relevant’ is to be interpreted as similar highways contracts or other non-highway infrastructure contracts in which there is a significant commonality of management and construction disciplines. Relevance will be assessed using the criteria listed on the Past Performance Data Relevance Data Sheet (Section A) on document C.5 of the Pre-Qualification Pack. If Highways Agency Reference contracts are submitted Motivating Success Toolkit (MST) scores will be used to score the PPD Areas of Measurement – Data Sheet (C.4) where available. For further details please refer to the Pre-Qualification Pack. Applicant companies (including parent companies in the case of Joint Ventures) should be aware that they will not be permitted to hold more than a 33.0% market share of the Highways Agency network lane kilometres in total, or in any event, more than four
of the Highways Agency’s MAC or ASC contracts. This is to protect the public’s interest, in particular to ensure the resilience of the Highways Agency’s network. Tendering
opportunities for applicant companies may therefore be limited on this basis. Please note that the proportion of Highways Agency network (calculated against total HA network lane length including hard shoulder but excluding slip roads, roundabouts and ox-bow lay-bys) for each MAC/ASC Area is as follows:Area 1 = 2.95%; Area 2 = 7.8%; Area 3 =
8.02%; Area 4 = 5.7%; Area 6 = 6.09%; Area 7 = 9.4%; Area 8 = 4.71%; Area 9 = 11.21%; Area 10 = 9.6%; Area 12 = 7.74%; Area 13 = 5.44%; Area 14 = 3.54%. With reference to the market share limit, applicant companies are asked to note that the Highways Agency will take into account the potential for applicant companies being awarded any asset support contracts, either being tendered, or for which an expression of interest has been submitted. In the event that the market share limit could be breached, the Agency will advise the applicant company at the time of short listing and the applicant company will be given the option to proceed at their own cost and risk. The Highways Agency will then apply market share limits prior to Award.
Applicant companies may express an interest for either or both contracts (Lots). Applicant Companies applying for both contracts (Lots) must submit only one set of Technical Ability and one set of PPD, and make separate Added Value submissions for each contract (Lot).
The Highways Agency is considering asking those invited to tender to submit a single quality statement, with some common elements applying equally to both Lots. There will also be a limited number of area specific elements. Where applicants express an interest for the Lots concerning Area 4 and Area 12 the mark they achieve for the common elements will be used in the assessment of both Lots. (In other words there will be no need to submit the common elements separately for each Lot). The area specific elements will be marked separately on a Lot by Lot basis, and the marks awarded added to the marks achieved for the common elements to both Lots. The resources and pricing schedules will remain unique to the respective Lots for each ASC.
The tenderer with the most economically advantageous tender in each contract (Lot) will be required to sign the Highways Agency Fair Payment Charter as a condition of acceptance of their tender. As a supplier/organisation looking to bid for public sector contracts you should be aware that tender documentation for contracts over 10,000 GBP will be published on a single website and made available to the public. You should also be aware that if your bid is successful the resulting contract will be published. In some circumstances, limited redactions will be made to tender documentation and/or contracts before they are published in order to comply with existing law, to protect commercial interests and for the protection of national security. The number in IV.1.2 is applicable per contract (Lot), and the estimated range of values quoted in Section II.2.1 are applicable to both contracts (Lots) per annum figures. The values in Annex B section 3 are applicable to each individual
contract (Lot) per annum. In accordance with clauses 53 and 54 of the Conditions of Contract, which are available via the HA Website, the Agency intends to work with the winning bidder(s), post award of contracts, to explore opportunities for further efficiencies and improvements which may exist. Such discussions will take place during the mobilisation period.
For both contracts (Lots) the contract period may be extended by up to 36 months. The Contractor(s) may be asked to provide services on local highway authority routes within the area covered by the Contract as set out in II.1.2 above as part of collaboration projects. Government Departments and Agencies are committed to ensuring public sector procurement is used, where possible, to promote skills training and open up apprenticeship opportunities on public sector projects and programmes. To support this commitment the Highways Agency Board has agreed a target to have one apprenticeship created for every £20m spent through a contract. HA Board has identified that Providers delivering the Asset Support Contract are expected to contribute in delivering this target.
The contract will state that any appointed contractor will not be allowed to bid for work where the Highways Agency believes there is a conflict of interest with the contractor undertaking the work on behalf of the Highways Agency. The definition of conflict of interest in this context is where the contractor wishing to bid will also be acting as the supervisor for the work as a managing agent/asset support contractor
or part of a managing agent/asset support contractor.
It is the intention that the Asset Support Contractor(s) will make use of the Highways Agency’s category management frameworks for gantries, pavements, technology, traffic
management, and any future category management arrangements placed by the Highways Agency, to whom they will subcontract elements of work The contract and pre-qualification documents will require potential or appointed ASC
contractors to notify the Highways Agency and produce a plan to remove any conflict of interest. If the Highways Agency considers that this plan will not remove the conflict of
interest it reserves the right to exclude that contractor from further participation in the competition arising from this contract notice, exclude an appointed category
management contractor from bidding for work where there is a conflict, or ultimately to terminate the contract with the contractor. The Highways Agency reserves the right not to invite a potential ASC contractor to tender for the contract where there remains an unresolved conflict of interest. The definition of conflict of interest in this context includes the examples above and covers instances where procedures cannot be put in place to guarantee and demonstrate that treatment of all category management suppliers will be fair, open, and transparent, and all information relating to those suppliers will be kept confidential and will not be used to gain a commercial advantage for the ASC contractor.
The Agency may require ASC contractors to enter into an appropriate confidentiality agreement in relation to the operation of the category management contracts.
The HA reserve the right to invite or not invite variant bids at their sole discretion. Further information will be set out in the Tender Documents. Contract dates stated are indicative, and may be subject to change.

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: The Highways Agency will incorporate a minimum 10 calendar day standstill period at the point information on award of the contract is communicated to tenderers.
Appeals must be lodged in accordance with the Public Contracts Regulations 2006 (SI 2006 no 5) as amended.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:23.1.2013

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