Highways Agency Area 7 Construction Works Framework (East Midlands)

Highways Agency Area 7 Construction Works Framework (East Midlands)

Main site or location of works: M1 from between Junctions 14 and 15 at the Northamptonshire County boundary to Junction 30 A619/A616/A6132, Barlborough (Derbyshire), includes the River Trent bridge and flood spans near Long Eaton.

United Kingdom-Birmingham: Construction work for highways, roads

2015/S 186-336527

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Highways England
The Cube, 199 Wharfside Street
For the attention of: Glenda Davies
B1 1RN Birmingham
UNITED KINGDOM
Telephone: +44 1216788274
E-mail: glenda.davies@highwaysengland.co.uk

Internet address(es):

General address of the contracting authority: www.highwaysengland.co.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:

Area 7 Construction Works Framework — UK (East Midlands).

II.1.2)Type of contract and location of works, place of delivery or of performance

Works
Execution
Main site or location of works, place of delivery or of performance: Main site or location of works: M1 from between Junctions 14 and 15 at the Northamptonshire County boundary to Junction 30 A619/A616/A6132, Barlborough (Derbyshire), includes the River Trent bridge and flood spans near Long Eaton. M6 from Junction 1 to the M1 Junction 19 with the A14 Catthorpe (Leicestershire) M45 in its entirety from M1 Junction 17, Crick (Northamptonshire) to terminal roundabout at A45 immediately west of Dunchurch (Warwickshire). M69 from Junction 1, Smockington (Warwickshire) to M1 Junction 21, Enderby (Leciestershire). A1 from Junction with A43, Wothorpe (Cambridgeshire) and the A1 (M) Junction 34 (A614/B6045 Blyth) (Nottinghamshire). Includes River Trent Bridge at Newark. A5 from A422/A508 Junction, Old Stratford (Northamptonshire) to B4111 Mancetter Roundabout (Leicestershire), including A5 link road and roundabout from M1 Junction 18 to A5 at Rugby Radio Station (Northamptonshire).
A6 Alvaston Bypass (Derbyshire) from the Junction with the A5111 to southern roundabout with B5010 at Thulston (Derbyshire). A14 from M1 Junction 19 Catthorpe, Leicestershire) to A45/A605 interchange (J13), Thrapston (Northamptonshire). A38 from A50 junction, Toyota Island (Derbyshire) to M1 Junction 28, Pinxton (Derbyshire). A42 from Junction 11, Appleby Magna (Leicestershire) to M1 Junction 23A Diseworth (Derbyshire). A43 from M40 Junction 10, Ardley (Oxfordshire) to M1 Junction 15A, Rothersthorpe (Northamptonshire). A45 from M1 Junction 15 Collingtree (Northamptonshire) to A14 Junction 13, Thrapston (Northamptonshire). A46 from M1 Junction 21A, Kirby Muxloe (Leicestershire) to A57 Junction, Saxilby Road (Lincolnshire) A52 from A1 Barrowby, Grantham Bypass (Lincolnshire) to A5111 (Derbyshire). Includes urban section through Nottingham, including part of Nottingham Ring Road and the ‘Clifton Complex’ interchange with the A453 at the River Trent bridge. A453 at Finger Farm roundabout (Nottinghamshire) to M1 Junction 24 (A453/A6/A50 Kegworth) (Derbyshire). A453 from the M1 Junction 24, Kegworth to Junction with the A52 Nottingham A516 from the boundary of the City of Derby at Mickleover to the A38 and from the A38 Derby City Hospital Roundabout and back to the A38. A5111 from A52, Spondon (Derbyshire) to A6 Alvaston Bypass (Derbyshire). Forms the eastern part of the Derby Outer Ring Road. A50 from Junction 1 to M1 Junction 24
And may include routes within the Area 7 region where the local authority are responsible for undertaking certain activities, e.g. sweeping, cleaning. Geographical areas, routes and route lengths may change during the currency of the award procedures and the contract. The above descriptions are all subject to final ratification.

NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with several operators

Duration of the framework agreement

Duration in years: 4

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 0 and 500 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

Highways England has a requirement to deliver construction works to maintain, repair and renew the Strategic Road Network (SRN) within Highways England Area 7.
Construction Works Framework (CWF) will be made up of a number of different contractors from different specialist areas who will work together to deliver network improvement and maintenance schemes within Area 7. The framework will cover but not limited to –
Civil engineering works including earthworks; fencing, landscaping; road restraints; drainage and ducts; pavements, kerbs, footways, paved areas; traffic signs and markings; road lighting and electrical work for lighting; structures — piling and retention walls and structural concrete; waterproofing; painting; and any other similar duties.
The CWF will have fourteen Lots which will represent each of the specialist areas required to successfully deliver the works. The Lots specialist areas are detailed further within Annex B.
Over the 4 year period the likely maximum expenditure for each Lot is specified in Annex B.
The estimated maximum Annual expenditure for each of the Lots is also specified within Annex B however this is an estimated figure and no commitment is given to any expenditure or to the value of any individual Task Order
An applicant company can tender for up to 2 of the Lots. An applicant company will not be awarded more than 2 of the Lots.
This process is being conducted by Highways England as the Government owned Company responsible for the Strategic Road Network.

II.1.6)Common procurement vocabulary (CPV)

45233100, 71337000, 45111240, 45213310, 45232451, 45316200, 45442200, 63712000, 45233251, 31000000, 50000000, 45223500, 45233120,45262330, 71322500, 45233121, 50330000, 45233141, 45233142, 45233223, 45233221, 50200000, 63712200, 45340000, 34928100, 50230000,71311100, 34928110, 45230000, 45233300, 45233220, 45200000, 45310000, 34922100, 45233131, 45112700, 45262300, 45233150, 34923000,45316110, 45233130, 45233310, 71322000, 45442121, 45261420, 45233280, 45232450, 71311000, 45233210, 34928300

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:

II.2.2)Information about options

Options: no
II.2.3)Information about renewals

II.3)Duration of the contract or time limit for completion

Duration in months: 48 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: CWF Lot 1: Specialist Surface Treatments

1)Short description

Supply of materials, plant and labour for the application of Cold Applied Ultra Thin Surfacing systems and any associated works.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45213310, 45233300, 45233220, 45233251, 50000000, 45233150, 45233120, 45233130, 45233121, 71322000, 45233141,45233142, 45233223, 45233210, 50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 5 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: CWF Lot 2: Corrosion Protection

1)Short description

Supply of materials, plant and labour for the application of painting systems including specialist corrosion protection systems and for the design, certification, installation, maintenance and removal of any temporary works required to ensure a safe method of working.

2)Common procurement vocabulary (CPV)

45233100, 71337000, 50230000, 45213310, 45442200, 45233131, 50000000, 45233150, 45233120, 45233121, 45442121, 71322000, 45233141,50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 1 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 3 Lot title: CWF Lot 3: Road Lighting and Electrical Works

1)Short description

Supply of materials, plant and labour for the installation, removal and commissioning of road lighting, illuminated signs, central management systems and other highway electrical equipment.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 50000000, 45233150, 45213310, 45233120, 45316110, 45233121, 71322000, 45233141, 50200000, 31000000, 45310000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 3 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 4 Lot title: CWF Lot 4: Fencing and Environmental Barrier

1)Short description

Supply of materials, plant and labour for the installation and removal of highway fencing and environmental barrier.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45213310, 34928110, 50000000, 45233150, 45233120, 45233121, 71322000, 45233141, 45233280, 50200000, 34928300,45340000, 34928100

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 780 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 5 Lot title: CWF Lot 5: General Civil Engineering

1)Short description

Supply of materials, plant and labour to carry out construction and removal activities including but not limited to highway drainage assets, non-illuminated traffic signs and posts, earthworks, ducting, kerbing, footways, modular paving, patching, site clearance, brick/block/stonework, trial pits, structural steelwork, bridge bearings, piling, temporary works (including design and certification), demolition and, remote monitoring systems.

2)Common procurement vocabulary (CPV)

45233100, 71337000, 45111240, 45213310, 45232451, 45442200, 45233251, 50000000, 45223500, 45262330, 45233120, 45233121, 45233141,45233142, 45233223, 50200000, 45340000, 34928100, 50230000, 45230000, 34928110, 71311100, 45233300, 45233220, 45200000, 45233131,45112700, 45233150, 45262300, 45233130, 71322000, 45233310, 45261420, 45233280, 45232450, 71311000, 45233210, 34928300

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 10 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 6 Lot title: CWF Lot 6: Structural Waterproofing and Expansion Joints

1)Short description

Supply of materials, plant and labour for the removal, installation and repair works to, highway structures expansions joints and waterproofing systems.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45213310, 45233300, 45233131, 50000000, 45233150, 45233120, 45233121, 71322000, 45233310, 45233141, 45261420,50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 2 300 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 7 Lot title: CWF Lot 7: Landscape and Ecology

1)Short description

Supply of materials, plant and labour to carry out landscaping and ecology works including weed control, wildlife control, ground preparation, seeding, turfing, planting, watering, tree and shrub maintenance, management of water-bodies and, any other special ecological measures.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45112700, 50000000, 45233150, 45213310, 45233120, 45233121, 71322000, 45233141, 50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 400 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 8 Lot title: CWF Lot 8: Road Markings

1)Short description

Supply of materials, plant and labour for the installation and removal of permanent road markings and road studs, installation and removal of temporary road markings and road studs, application and removal of anti-skid systems, application of crack sealing and pavement joint repair.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45213310, 45233220, 45233251, 34922100, 50000000, 45233150, 45233120, 45233121, 71322000, 45233141, 45233142,45233223, 45233210, 45233221, 50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 1 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 9 Lot title: CWF Lot 9: Pavement

1)Short description

Supply of materials, plant and labour to carry out bituminous and concrete patching, surfacing and pavement construction operations including milling, paving, iron work adjustment and renewal, texturing, in-situ and ex-situ recycling, application of geosynthetics, footway surfacing, asphalt kerbing, application and removal of anti-skid systems and, application of crack sealing and pavement joint repair.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 71311100, 45213310, 45233300, 45233220, 45233251, 45233131, 50000000, 45262300, 45233150, 45262330, 45233120,45233130, 45233121, 45233310, 71322000, 45233141, 45233142, 45233210, 71311000, 45233223, 50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 43 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 10 Lot title: CWF Lot 10: Road Restraint Systems (Vehicle and Pedestrian)

1)Short description

Supply of materials, plant and labour for the installation and removal of road restraint systems (vehicle and pedestrian).

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45213310, 34928110, 50000000, 45233150, 45233120, 45233121, 45233310, 71322000, 45233141, 45233280, 50200000,34928300, 34928100, 45340000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 7 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 11 Lot title: CWF Lot 11: Structural Concrete Repair

1)Short description

Supply of material, plant and labour to carry out concrete repairs to highway structures, installation and commissioning of cathodic protection systems, and installation and commissioning of remote monitoring systems. The design, certification, installation, maintenance and removal of any temporary works required to ensure a safe method of working.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45213310, 45233300, 45233220, 45233131, 50000000, 45223500, 45262300, 45233150, 45233120, 45233130, 45233121,45233310, 71322000, 45233141, 45233142, 45233210, 50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 1 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 12 Lot title: CWF Lot 12: Technology

1)Short description

Supply of but not limited to materials, plant and labour for the construction of highway technology works including the supply and installation of specialist technology equipment. installation, removal and commissioning of traffic signal equipment and, safety cameras.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 45213310, 45316200, 31000000, 45310000, 50000000, 45233150, 34923000, 45233120, 45233121, 45316110, 71322000,50330000, 45233141, 50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 1 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 13 Lot title: CWF Lot 13: Temporary Traffic Management

1)Short description

Supply of materials, plant and labour for the Design, installation, maintenance and removal of temporary traffic management. Installation, maintenance and removal of temporary safety barrier systems. Installation, maintenance and removal of temporary speed enforcement systems. Installation, maintenance and removal of temporary CCTV systems. Provision and management of breakdown recovery services.

2)Common procurement vocabulary (CPV)

45233100, 50230000, 34928110, 45213310, 63712000, 50000000, 45233150, 45233120, 71322500, 45233121, 71322000, 45233141, 45233280,50200000, 63712200, 34928300, 34928100, 45340000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 8 500 000 GBP
4)Indication about different date for duration of contract or starting/completion

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: 14 Lot title: CWF Lot 14: Specialist Drainage

1)Short description

Supply of but not limited to materials, plant and a labour to carry out the renewal or recycling of filter drain material. The renewal and repair of pipes and, pipe lining, the renewal of ditches, swales, ponds and, any other vegetative treatment systems, the control and disposal of contaminated material, the installation, removal and renewal of flow control equipment, the installation, removal and renewal of any other drainage ancillary items.

2)Common procurement vocabulary (CPV)

45233100, 45111240, 50230000, 50000000, 45213310, 45233150, 45233120, 45233121, 45232451, 71322000, 45233310, 45233141, 45232450,50200000

3)Quantity or scope

The figures below are the estimated annual expenditure for this Lot. This will be the figure used as the ‘Contract Value’ for the purpose of undertaking the Contract Value/ Turnover Calculation.
Estimated value excluding VAT:
Range: between 0 and 2 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

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:

Contractors 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:

Monthly payments for actual costs incurred with financial incentives related to a target cost. Further detail on financing conditions and payment arrangements will be stated within the Tender 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 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.

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 integrated 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) Contracting authorities shall exclude an economic operator from participation in a procurement procedure where they have established, by verifying in accordance with regulations 59, 60 and 61, or are otherwise aware, that that economic operator 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(2) or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983(3) where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime(4);
(b) Corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(5) or section 1 of the Prevention of Corruption Act 1906(6);
(c) The common law offence of bribery;
(d) Bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010(7), or section 113 of the Representation of the People Act 1983(8);
(e) 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(9):—
(i) The Common law offence of cheating the Revenue;
(ii) The common law offence of conspiracy to defraud;
(iii) Fraud or theft within the meaning of the Theft Act 1968(10), the Theft Act (Northern Ireland) 1969(11), the Theft Act 1978(12) or the Theft (Northern Ireland) Order 1978(13);
(iv) Fraudulent trading within the meaning of section 458 of the Companies Act 1985(14), article 451 of the Companies (Northern Ireland) Order 1986(15) or section 993 of the Companies Act 2006(16);
(v) Fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979(17) or section 72 of the Value Added Tax Act 1994(18);
(vi) An offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993(19);
(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(20) or section 19 of the Theft Act (Northern Ireland) 1969(21);
(viii) Fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006(22); or
(ix) The possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act;
(f) Any offence listed—
(i) In section 41 of the Counter Terrorism Act 2008(23); or
(ii) In Schedule 2 to that Act where the court has determined that there is a terrorist connection;
(g) Any offence under sections 44 to 46 of the Serious Crime Act 2007(24) which relates to an offence covered by subparagraph (f);
(h) Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002(25);
(i) 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(26) or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996(27);
(j) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(28);
(k) An offence under section 59A of the Sexual Offences Act 2003(29);
(l) An offence under section 71 of the Coroners and Justice Act 2009(30);
(m) 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(31); or
(n) Any other offence within the meaning of Article 57(1) of the Public Contracts Directive—
(i) As defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or
(ii) Created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland.
(2) The obligation to exclude an economic operator also applies where the person convicted is a member of the administrative, management or supervisory body of that economic operator or has powers of representation, decision or control in the economic operator.
Mandatory and discretionary exclusions for non-payment of taxes etc.
(3) An economic operator shall be excluded from participation in a procurement procedure where—
(a) The contracting authority is aware that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions; and
(b) The breach has been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of the country in which it is established or with those of any of the jurisdictions of the United Kingdom.
(4) Contracting authorities may exclude an economic operator from participation in a procurement procedure where the contracting authority can demonstrate by any appropriate means that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions.
(5) Paragraphs (3) and (4) cease to apply when the economic operator has fulfilled its obligations by paying, or entering into a binding arrangement with a view to paying, the taxes or social security contributions due, including, where applicable, any interest accrued or fines.
Exceptions to mandatory exclusion
(6) A contracting authority may disregard any of the prohibitions imposed by paragraphs (1) to (3), on an exceptional basis, for overriding reasons relating to the public interest such as public health or protection of the environment.
(7) A contracting authority may also disregard the prohibition imposed by paragraph (3) where an exclusion would be clearly disproportionate, in particular—
(a) Where only minor amounts of taxes or social security contributions are unpaid; or
(b) Where the economic operator was informed of the exact amount due following its breach of its obligations relating to the payment of taxes or social security contributions at such time that it did not have the possibility of fulfilling its obligations in a manner described in paragraph (5) before expiration of the deadline for requesting participation or, in open procedures, the deadline for submitting its tender.
Discretionary exclusions
(8) Contracting authorities may exclude from participation in a procurement procedure any economic operator in any of the following situations:—
(a) Where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to in regulation 56(2);
(b) Where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State;
(c) Where the contracting authority can demonstrate by appropriate means that the economic operator is guilty of grave professional misconduct, which renders its integrity questionable;
(d) Where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition;
(e) Where a conflict of interest within the meaning of regulation 24 cannot be effectively remedied by other, less intrusive, measures;
(f) Where a distortion of competition from the prior involvement of the economic operator in the preparation of the procurement procedure, as referred to in regulation 41, cannot be remedied by other, less intrusive, measures;
(g) Where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions;
(h) Where the economic operator—
(i) Has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or
(ii) Has withheld such information or is not able to submit supporting documents required under regulation 59; or
(i) Where the economic operator has—
(i) Undertaken to—
(aa) Unduly influence the decision-making process of the contracting authority, or
(bb) Obtain confidential information that may confer upon it undue advantages in the procurement procedure; or
(ii) Negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.
Exclusion during procedure
(9) Contracting authorities shall exclude an economic operator where they become aware, at any time during a procurement procedure, that the economic operator is, in view of acts committed or omitted either before or during the procedure, in one of the situations referred to in paragraphs (1) to (3).
(10) Contracting authorities may exclude an economic operator where they become aware, at any time during a procurement procedure, that the economic operator is, in view of acts committed or omitted either before or during the procedure, in one of the situations referred to in paragraphs (4) or (8).
Duration of exclusion
(11) In the cases referred to in paragraphs (1) to (3), the period during which the economic operator shall (subject to paragraphs (6), (7) and (14)) be excluded is 5 years from the date of the conviction.
(12) In the cases referred to in paragraphs (4) and (8), the period during which the economic operator may (subject to paragraph (14)) be excluded is 3 years from the date of the relevant event.
Self-cleaning
(13) Any economic operator that is in one of the situations referred to in paragraph (1) or (8) may provide evidence to the effect that measures taken by the economic operator are sufficient to demonstrate its reliability despite the existence of a relevant ground for exclusion.
(14) If the contracting authority considers such evidence to be sufficient, the economic operator concerned shall not be excluded from the procurement procedure.
(15) For that purpose, the economic operator shall prove that it has—
(a) Paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct;
(b) Clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities; and
(c) Taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.
(16) The measures taken by the economic operator shall be evaluated taking into account the gravity and particular circumstances of the criminal offence or misconduct.
(17) Where the contracting authority considers such measures to be insufficient, the contracting authority shall give the economic operator a statement of the reasons for that decision.
Suppliers Instructions How to Express Interest in this Tender~:

1. Register your company on the eSourcing portal (this is only required once) — Browse to the eSourcing Portal: https://highways.bravosolution.co.ukand click the link to 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/ ITT to access the content. — Click the ‘Express Interest’ button at the top of the page. — This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box ;
3. Responding to the tender — Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) — 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/ ITT — There may be a mixture of online and offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

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 we require 2 years audited accounts or another element as outlined in the Tender Documents.
The contract offers no guarantee of a minimum amount of work either by value or number of task orders.
Highways England expressly reserves the right (i) not to award any contract as a result of this tendering exercise commenced by publication of this notice; and (ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will Highways England be liable for any costs incurred by candidates.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
The Tenderer will be assessed against the following criteria. If any element fails against any criteria then the Tenderer will be rejected and excluded from further consideration.
— Description of Contract/The nature of the work.
Does the Reference Contract match the technical content and complexity of the contract being advertised?
— Role of Applicant;
Details of responsibilities and how these were allocated.
— Integrated Delivery;
How the applicant company has operated as part of an integrated team e.g., with the client, extended supply chain and other service providers.
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. Quality. Weighting 80

2. Price. Weighting 20

3. Delivery Performance

4. Risk

5. Overall Cost Effectiveness

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: 2015/S 92-164610 of 13.5.2015

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

30.10.2015 – 12:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

21.9.2015

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

in days: 210 (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 Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction.
Suppliers Instructions How to Express Interest in this Tender~:

1. Register your company on the eSourcing portal (this is only required once) — Browse to the eSourcing Portal: https://highways.bravosolution.co.ukand click the link to 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/ ITT to access the content. — Click the ‘Express Interest’ button at the top of the page. — This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box.
3. Responding to the tender — Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) — 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/ ITT — There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the “Submit Response” button at the top 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.
The tenderer with the most economically advantageous tender will be required to sign Highways England 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 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 contract offers no guarantee of a minimum amount of work either by value or number of task orders.
Highways England expressly reserves the right (i) not to award any contract as a result of this tendering exercise commenced by publication of
this notice; and (ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will Highways England be liable for any costs incurred by candidates.
This procurement falls within the scope of HM Revenue and Customs’ Construction Industry Scheme.
The successful Contractor may be appointed to fulfil the duties of Principal Contractor and CDM Co-ordinator under the Construction (Design and Management) Regulations 2015.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

See details at VI.4.2

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Highways England will incorporate a minimum 10 calendar day standstill period at the point information on award of the contract is communicated to tenderers.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

22.9.2015

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