Highways Tender Bedford

Highways Tender Bedford

UK – Bedford: A14 Junctions 7-9 Kettering bypass improvement. Highways Agency.

UK-Bedford: construction work for highways, roads

2012/S 87-142744

Contract notice

Works
Directive 2004/18/EC

Section I: Contracting authority
I.1)Name, addresses and contact point(s)

Highways Agency
Woodlands, Manton Lane Industrial Estate, Manton Lane
For the attention of: Georgina Sharpe
MK41 7LW Bedford
UNITED KINGDOM
Telephone: +44 1234796239
E-mail: georgina.sharpe@highways.gsi.gov.uk

Internet address(es):

General address of the contracting authority: www.highways.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:
UK – Bedford: A14 Junctions 7-9 Kettering bypass improvement.
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: On the A14 Kettering bypass between Junction 7 (A43) and Junction 9 (A509).

NUTS code UKF23
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)
The scheme is likely to consist of design and execution of works for on-line widening of approximately 4.6 kilometres of the A14 Kettering bypass between Junctions 7 and 9. The scheme proposes that the additional lane on each of the eastbound and westbound carriageways is provided by symmetrical widening of the existing rural two lane all-purpose (D2AP) dual carriageway to rural three lane all-purpose (D3AP) dual carriageway within existing land take.
Associate works may include:
Alterations to grade separated junction slip roads;
Alterations to slip roads providing access into service station areas;
Site clearance works;
Vehicular road restraint systems;
Drainage and service ducts;
Earthworks that may include reinforced soil techniques;
Soil nailing;
Piled walls and gravity retaining structures;
Pavements;
Traffic signs and road markings;
Portal type gantries;
Road lighting additions and alterations to existing lighting;
Highways communications, including diversions and alterations to the existing highway communication network and infrastructure;
Structural concrete works to piers of 1 no. existing over bridge;
Structural concrete works to extend 3 no. existing concrete box culverts;
Landscape and ecology mitigation works;
Public utility service diversions and protection works.
The Highways Agency is procuring these works under an NEC/ECC works contract on a Design and Build Contract approach (main option to be specified in tender documents).
II.1.6)Common procurement vocabulary (CPV)

45233100, 71322000
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: no
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:
Estimated value excluding VAT:
Range: between 70 000 000 and 110 000 000 GBP
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: 24 (from the award of the contract)

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:
Monthly payments to cover Defined Cost + Fee or Lump Sum against activities completed (target cost or lump sum) main option to be specified in 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 expression of interest to this notice whether it is, or intends to be, 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: Ultimate Parent Company Guarantees may be sought. For incorporated joint ventures parent company guarantees will be sought prior to the award of contract.
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 or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption;
(c) The offence of bribery, where the offence relates to active corruption (ca) bribery within the meaning of section 1 or 6 of the Bribery Act 2010;
(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, 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 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 of the Proceeds of Crime Act 2002;
(ea) 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;
(eb) 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 who 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 a 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 (h) it or any of its directors, or 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, or 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.
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: The Constructionline Notation Value for this contract is 60 000 000 GBP. 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:
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 (in accordance with international standards for quality assurance).
5. Identify and take action to manage risk on behalf of the client.
6. Maintain a comprehensive and accurate inventory/document database.
7. Fulfil the role of principal contractor under CDM Regulations.
8. Fulfil the role of designer under CDM Regulations.
9. Conduct geo-technical works and surveys.
10. Operate a robust programme management and time forecasting processes.
11. Comply with a construction quality plan.
12. Conduct supply chain procurement.
13. Conduct significant Traffic Management.
14. Deliver improvements to a road/asset network.
15. Maintain a road network asset in a safe and serviceable condition.
16. Provide information on (road) work activity, incidents, events and alternative routes.
More details can be found in section 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 current Highways Agency Health & Safety Assessment Certificate.
For any contractor/applicant company who has not undergone an assessment, answers to the questions on the Health & Safety Questionnaire Sheet (Annex A.4 of the pre-qualification pack). This is required to enable the Highways Agency to fulfil its statutory duties under the Construction (Design and Management) Regulations 2007.
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
no
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
6.6.2012 – 10:00
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 tenders

Place:

As in I.1.

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:
1. 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 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 e-mail 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 under the Construction (Design and Management) Regulations 2007.
Following pre-qualification, Vendor Ratings will be calculated using the validated Highways Agency’s supplier StART Assessment (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 returned it will only be assessed if it is necessary to produce a short-list from the number of applications received. The tender list for this contract will be compiled from the highest Vendor Rated expressions of interest subject to an overview of market issues and other relevant circumstances. 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 & 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 Annex C.4 PPD Relevance Answer Sheet 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 where available. For further details please refer to the pre-qualification pack.
The tenderer with the most economically advantageous tender will be required to sign the Highways Agency Fair Payment Charter, Highways Agency bribery code of conduct, and Highways Agency Anti-Fraud code of conduct 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 scheme is still going through its statutory process and executing contracts is going to depend upon its outcome. The issue of the OJEU notice is entirely without prejudice to the outcome of that process. The Highways Agency Category Management framework should be used where deemed appropriate in completing these works.
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: 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:
3.5.2012

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