Historic Railways Estate – Works Framework Contract

Historic Railways Estate – Works Framework Contract

Lot 1: Area 1 (Scotland and North of England); Lot 2: Area 2 (Wales and Central and South.

United Kingdom-Birmingham: Bridge construction work

2015/S 204-369745

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: David Croser
B1 1RN Birmingham
UNITED KINGDOM
Telephone: +44 1216874122
E-mail: david.croser@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:

Historic Railways Estate – Works Framework Contract.

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

Works
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities
Main site or location of works, place of delivery or of performance: The main place of performance for this contract will be mainland United Kingdom i.e. England, Wales and Scotland.
NUTS code

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
The notice involves a public contract

II.1.4)Information on framework agreement

Framework agreement with several operators

Duration of the framework agreement

Duration in months: 48
Justification for a framework agreement, the duration of which exceeds four years: 48 months includes for 12 months extension. This 12 months extension may be agreed depending on the performance of the supplier.

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

Estimated value excluding VAT:
Range: between 0 and 20 000 000 GBP

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

Highways England is responsible for approximately 4 000 non-operational railway structures including bridges, viaducts, tunnels, retaining walls, and culverts distributed throughout England, Scotland and Wales. Every structure is examined annually and work is undertaken as required to keep them in a safe condition.
Highways England is looking to appoint Contractors to this Framework for each of two area based lots (2 per lot area). These areas are:
Lot 1: Area 1 (Scotland and North of England);
Lot 2: Area 2 (Wales and Central and South.
It is also anticipated that in certain circumstances where a need arises, Tenderers that are awarded a Lot area, may be approached to do work across the other Historical Railways Estate Works Lot Area, as an additional Task. Annex N of the Instructions for Tenderers gives information on tendering for particular Lots and sets out the circumstances when work may be instructed outside a Supplier’s allocated Lot. Tenderers will be required to state which Lot or Lots they are tendering for and their preference in order. Tenderers should be able to demonstrate capability of the work defined in the Scope (Framework Works Information) for both Lots, and be prepared to support on the other Lot area if and when a need arises.
This tender is being conducted by Highways England on behalf of the Historic Railways Estate (HRE). However, the functions of HRE may during the period of the Contract (which will be let by Highways England) transfer to the Secretary of State for Transport (SoS). If so the SoS will assume the contractual rights, obligations and liabilities of Highways England arising under that Contract. Tenderers are accordingly advised that:
a) their tender is capable of being accepted by the SoS; and
b) if the contract is initially awarded by Highways England, it will include a provision permitting novation of the contract to the SoS without your consent, in circumstances where the SoS assumes Highways England’s functions in respect of the HRE.
The Framework Contract will be split into 2 Lots, each of which covers a defined geographical area. It is envisaged that 2 contractors may be appointed for each Lot, although 1 contractor may be appointed for multiple Lots. Contractors may be asked to provide prices for work orders outside their geographical Lot.
Contractors must be able to demonstrate their capability to undertake the work; which consists of maintenance and repair packages required to maintain the integrity and safety of these historic non-operational railway structures. The following non-exhaustive list of work which may be undertaken during the term of this Contract.
Major Works — Typically Task Orders over the value of 100 000 GBP. Works may include demolition, waterproofing, masonry brickwork and stonework repairs, repair and protective treatment of metallic structures. Structure range includes bridges, viaducts, tunnels and shafts, culverts and retaining walls.
Minor Works — Typically Task Orders below the value of 100 000 GBP. Works may include clearance of vegetation, masonry brickwork and stonework repairs, and pointing, stabilisation of loose masonry and providing safety and or security fencing, reactive response to unauthorised access. Structure range includes bridges, viaducts, tunnels, shafts, culverts, retaining walls and land assets.
Emergency Response — The ability to attend site within 4 hours, make the site safe and carry out minor repairs, undertake ground and structural investigation work.
The Framework Contract will commence in April 2016 and will be for a 3 year duration, with an option to extend for a period of 1 year. The decision to extend the contract will be based upon the successful tenderers performance during the Contract.
A Tender Presentation will be held on Tuesday 3.11.2015 — from 9:30 until 12:00 at the following address:
York Racecourse, York, YO23 1EX.
In order to register an interest and attend please advise of attendees (2 persons, per supplier) to the Procurement Officer via Bravo Solutions by Friday 30.10.2015.

II.1.6)Common procurement vocabulary (CPV)

45221110, 45221114, 45221115, 45221240, 45221111, 45221112, 45221121, 45221113, 45221122, 45221120, 45221200, 45221119, 45221242

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 all 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

II.2.3)Information about renewals

This contract is subject to renewal: no

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

Duration in months: 36 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: Area 1 (Scotland and North of England)

1)Short description

In Area 1 (Scotland and North of England), approximately 26 major works together with 130 minor works projects have been undertaken within the last 3 years. The actual works required during the term of this contract will be determined by Highways England.

2)Common procurement vocabulary (CPV)

45221110, 45221114, 45221115, 45221240, 45221111, 45221112, 45221121, 45221113, 45221122, 45221120, 45221119, 45221242

3)Quantity or scope

The estimated range of values quoted below are per annum over the total duration of the contract.
Estimated value excluding VAT:
Range: between 0 and 0 GBP

4)Indication about different date for duration of contract or starting/completion

Duration in months: 36 (from the award of the contract)

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: Area 2 (Wales and Central and South England)

1)Short description

Area 2 (Wales and Central and South England), approximately 36 major works together with 150 minor works projects have been undertaken within the last 3 years. The actual works required during the term of this contract will be determined by Highways England.

2)Common procurement vocabulary (CPV)

45221110, 45221114, 45221115, 45221240, 45221111, 45221121, 45221112, 45221122, 45221113, 45221120, 45221119, 45221242

3)Quantity or scope

The estimated range of values quoted below are per annum over the total duration of the contract.
Estimated value excluding VAT:
Range: between 0 and 0 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:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

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 severally 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 exists 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, a Parent Company Guarantee 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 or 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; (ci) 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; (ei) an offence in connection with 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; (eii) 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. Highways England shall treat as ineligible and shall not select a supplier that has been convicted of any of the above offences. Highways England 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), Highways England may disregard the prohibition described there if it 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. Highways England 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 formation referred to within regulation or regulation 24, 25, 26 or 27 (of the Public Contracts Regulations 2015 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 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 Regulation 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
III.2.3)Technical capacity
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 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

of 11.8.2015

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

26.11.2015 – 12:00
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

in days: 180 (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
VI.2)Information about European Union funds

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.
This tender is being conducted by Highways England Company Limited (Highways England) on behalf of the Historic Railways Estate (HRE). However, the functions of HRE may during the period of the contract (which will be let by Highways England) transfer to the Secretary of State for Transport (SoS). If so the SoS will assume the contractual rights, obligations and liabilities of Highways England arising under that contract. Tenderers are accordingly advised that:
a) their tender is capable of being accepted by the SoS; and
b) if the contract is initially awarded by Highways England, it will include a provision permitting novation of the contract to the SoS without your consent, in circumstances where the SoS assumes Highways England’s functions in respect of the HRE.
This procurement falls within the scope of HM Revenue and Customs Construction Industry Scheme. As a supplier/organisation looking to bid for public sector 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 Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction.
How to Express an 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/ITT Open to All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitation 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 helpdesk.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

16.10.2015

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