HS2 Construction Partner Contracts – Euston and Old Oak Common

HS2 Construction Partner Contracts – Euston and Old Oak Common

HS2 Ltd is responsible for developing and promoting the new high speed railway known as HS2. HS2 will initially run between London and Birmingham (Phase 1) but will subsequently be extended to link Birmingham to Manchester and Leeds (Phase 2). 

United Kingdom-Birmingham: Buildings associated with transport

2017/S 161-332984

Contract notice – utilities

Works

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses

High Speed Two (HS2) Limited
Two Snowhill, Queensway
Birmingham
B4 6GA
United Kingdom
Contact person: HS2 Procurement
Telephone: +44 2079443000
E-mail: phaseonestations@hs2.org.uk
NUTS code: UKInternet address(es):Main address: https://www.gov.uk/government/organisations/high-speed-two-limited
I.2)Joint procurement

I.3)Communication

Access to the procurement documents is restricted. Further information can be obtained at: https://hs2.bravosolution.co.uk
Additional information can be obtained from another address:
High Speed Two (HS2) Limited
Birmingham
United Kingdom
E-mail: help@bravosolution.co.uk
NUTS code: UKInternet address(es):Main address: https://hs2.bravosolution.co.uk
Tenders or requests to participate must be submitted electronically via: https://hs2.bravosolution.co.uk
Tenders or requests to participate must be submitted to the abovementioned address

I.6)Main activity

Railway services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

HS2 Phase One Stations: Construction Partner Contracts (Euston and Old Oak Common).

II.1.2)Main CPV code

45213300

II.1.3)Type of contract

Works

II.1.4)Short description:

HS2 Ltd is responsible for developing and promoting the new high speed railway known as HS2. HS2 will initially run between London and Birmingham (Phase 1) but will subsequently be extended to link Birmingham to Manchester and Leeds (Phase 2). This procurement for Phase One Stations Construction Partner Contracts relates to the London stations: (1) Euston and (2) Old Oak Common. The scope is divided into 2 Lots, 1 for each station. The Construction Partners will each be appointed to manage the programme of Works for the successful delivery of the relevant station to budget and programme including procurement and management of Works Packages, design, construction and commissioning and associated works and services. The scope (including Base and Optional Scope) is described in the Pre-Qualification Pack (‘PQP’) and accompanying Procurement Documents.

II.1.5)Estimated total value

Value excluding VAT: 2 950 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 1
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

Applicants may express interest in and, if selected, tender for one or both Lots but a Tenderer cannot win more than one Contract unless Exceptional Circumstances apply. Applicants should note that this award restriction applies to Applicants and Parties. See further PQP Section 5.6 and PQP Appendix B.

II.2)Description

II.2.1)Title:

Euston Station

Lot No: 1

II.2.2)Additional CPV code(s)

45211360
45213310
45213320
45213321
45213322
45221000
45300000
71000000
71400000
71500000
72242000

II.2.3)Place of performance

NUTS code: UKI
Main site or place of performance:

Euston station and surrounding areas in London NW1.

II.2.4)Description of the procurement:

Procurement for a management contractor (the Construction Partner) for the successful delivery of the new HS2 station to be located at London Euston to budget and programme. The Construction Partner will be appointed to manage the programme of Works for the successful delivery of the new HS2 station at Euston to budget and programme including procurement and management of Works Packages, management and the provision of design, construction and commissioning and associated works and services. Further information on the scope of this Lot and the procurement is included in the PQP and accompanying Procurement Documents.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 1 650 000 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 11/09/2018
End: 30/09/2033
This contract is subject to renewal: no

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 4
Maximum number: 5
Objective criteria for choosing the limited number of candidates:

Applicants are referred to the PQP and PQQ for information on HS2 Ltd’s criteria for choosing Applicants to be invited to tender for one or both Lots. HS2 Ltd expects to select only the top four Applicants to tender for each of the Lots. However, HS2 Ltd reserves the right in its absolute discretion to invite to tender fewer than four or to invite five Applicants for any Lot(s) on the basis described in PQP Section 6.11.

II.2.10)Information about variants

Variants will be accepted: yes

II.2.11)Information about options

Options: yes
Description of options:

Applicants should be aware that HS2 Ltd reserves the right to omit and/or vary the scope of the Contract. As further described in the PQP, Applicants should note in particular that:

1) Optional Scope:

i) HS2 Ltd reserves the right to instruct Optional Scope to include permanent enabling works where it is expedient and economic to do so, to accommodate future over-site development.

ii) Optional Scope is currently being defined and it is anticipated that the decision on its inclusion within this Lot will not be known until Autumn 2017 at the earliest. Therefore, HS2 Ltd reserves the right to include the Optional Scope (in whole or in part) as part of the Lot either during the procurement process prior to contract award or post award as an anticipated post contract modification.

iii) If instructed by HS2 Ltd at its sole and absolute discretion, such Optional Scope would be undertaken by the Construction Partner in accordance with the Contract and the rates and prices and % fee submitted by the successful Tenderer will be applied to inform and calculate the price payable for undertaking such Optional Scope.

2) Euston scope for Stages A and B1:

(i) The scope of this Lot includes both Stages A and B1. However, since Stage B1 works are not programmed until 2026-2033, Stage B1 scope is included in the Contract as a separate phase to be progressed by the Construction Partner, conditional on HS2 Ltd issuing a notice to proceed to Stage B1. Details on the notice to proceed mechanism will be included in the Procurement Documents to be produced by HS2 Ltd and provided to Tenderers at ITT stage but Applicants should note in the meantime that any notice to proceed to Stage B1 will be at HS2 Ltd’s sole and absolute discretion and any omission of Stage B1 works by HS2 Ltd will not make HS2 Ltd liable for any breakage costs including for loss of profit. Notice to proceed to Stage B1 is likely to be subject to certain conditions being satisfied as described in PQP Section 3.4.

3) Design Services:

HS2 Ltd will require the successful Tenderer to enter into a novation agreement on terms set out in the PQP to novate HS2 Ltd’s design consultant (‘Consultant’) awarded the relevant Phase One Stations Design Services Contract (‘SDSC’) to the Construction Partner (see related OJEU contract notice reference 2017/S 072-137921). The SDSC has been structured by HS2 Ltd to allow the Consultant to undertake design services up to RIBA Stage 7. From the date of novation, the Consultant will be required to perform a Lead Design Assurance Guardian role. However, the extent to which the Consultant will be used to provide additional services to progress and further develop the design will be a matter for the Construction Partner to decide.

4) Step-in and resumption, replacement or novation

The Contract will require the Construction Partner, in its subcontracting arrangements, to procure from its subcontractors collateral warranties in favour of HS2 Ltd (as well as others). These collateral warranties will include step in arrangements which entitle HS2 Ltd to step in and assume the role of employer under subcontracts. HS2 Ltd may step-in on a temporary basis before stepping out either to allow the Construction Partner to resume its role or, in the event of termination of the Construction Partner’s obligation to provide the Works, to allow a replacement strategy to be implemented by HS2 Ltd. HS2 Ltd will also reserve the right to novate the Subcontracts to itself (which will also be provided for in the collateral warranties) rather than appointing a replacement construction partner.

5) Secondees

The Contract will provide that a Construction Partner’s employees may be seconded to HS2 Ltd to assist HS2 Ltd in managing the HS2 Project(which could include managing Works during any step-in period).

Further information in relation to scope, the novation agreement and HS2 Ltd’s options is included in the PQP.

II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

Applicants are referred to VI.3) Additional information in this Contract Notice below.

II.2)Description

II.2.1)Title:

Old Oak Common Station

Lot No: 2

II.2.2)Additional CPV code(s)

45211360
45213310
45213320
45213321
45213322
45221000
45300000
71000000
71400000
71500000
72242000

II.2.3)Place of performance

NUTS code: UKI
Main site or place of performance:

Old Oak Common station and surrounding areas in London NW10.

II.2.4)Description of the procurement:

Procurement for a management contractor (the Construction Partner) for the successful delivery of the new HS2 station to be located at Old Oak Common to budget and programme. The Construction Partner will be appointed to manage the programme of Works for the successful delivery of the new HS2 station at Old Oak Common to budget and programme including procurement and management of Works Packages, management and the provision of design, construction and commissioning and associated works and services. Further information on the scope of this Lot and the procurement is included in the PQP and accompanying Procurement Documents.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 1 300 000 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 11/09/2018
End: 28/09/2027
This contract is subject to renewal: no

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 4
Maximum number: 5
Objective criteria for choosing the limited number of candidates:

Applicants are referred to the PQP and PQQ for information on HS2 Ltd’s criteria for choosing Applicants to be invited to tender for one or both Lots. HS2 Ltd expects to select only the top four Applicants to tender for each of the Lots. However, HS2 Ltd reserves the right in its absolute discretion to invite to tender fewer than four or to invite five Applicants for any Lot(s) on the basis described in PQP Section 6.11.

II.2.10)Information about variants

Variants will be accepted: yes

II.2.11)Information about options

Options: yes
Description of options:

Applicants should be aware that HS2 Ltd reserves the right to omit and/or vary the scope of the Contract and/or require Optional Scope to be undertaken. As further described in the PQP, Applicants should note that:

1) Optional Scope:

i) HS2 Ltd reserves the right to instruct Optional Scope to include: (a) enabling works and permanent works for TfL Eastern highway bridge works;(b) enabling works and permanent works for TfL Western subway with Old Oak Common Lane highway works; (c) enabling works and permanent works for TfL Eastern pedestrian bridge; (d) permanent enabling works where it is expedient and economic to do so, to accommodate future over-site development; (e) provision for additional rail transport interchange facilities; and (f) constructing, testing and commissioning into use the GWML conventional rail systems design, handing over and closing out with Network Rail as the operator and maintainer.

ii) These items of Optional Scope are currently being defined and it is anticipated that the decision on their inclusion within this Lot will not be known until September 2017 at the earliest. Therefore, HS2 Ltd reserves the right to include the Optional Scope (in whole or in part) as part of the Lot either during the procurement process prior to contract award or post award as an anticipated post contract modification.

iii) If instructed by HS2 Ltd at its sole and absolute discretion, such Optional Scope would be undertaken by the Construction Partner in accordance with the Contract and the rates and prices and % fee submitted by the successful Tenderer will be applied to inform and calculate the price payable for undertaking such Optional Scope.

2) Design Services:

HS2 Ltd will require the successful Tenderer to enter into a novation agreement on terms set out in the PQP to novate HS2 Ltd’s design consultant (‘Consultant’) awarded the relevant Phase One Stations Design Services Contract (‘SDSC’) to the Construction Partner (see related OJEU contract notice reference 2017/S 072-137921). The SDSC has been structured by HS2 Ltd to allow the Consultant to undertake design services up to RIBA Stage 7. From the date of novation, the Consultant will be required to perform a Lead Design Assurance Guardian role. However, the extent to which the Consultant will be used to provide additional services to progress and further develop the design will be a matter for the Construction Partner to decide.

3) Step-in and resumption, replacement or novation:

The Contract will require the Construction Partner, in its subcontracting arrangements, to procure from its subcontractors collateral warranties in favour of HS2 Ltd (as well as others). These collateral warranties will include step in arrangements which entitle HS2 Ltd to step in and assume the role of employer under subcontracts. HS2 Ltd may step-in on a temporary basis before stepping out either to allow the Construction Partner to resume its role or, in the event of termination of the Construction Partner’s obligation to provide the Works, to allow a replacement strategy to be implemented by HS2 Ltd. HS2 Ltd will also reserve the right to novate the Subcontracts to itself (which will also be provided for in the collateral warranties) rather than appointing a replacement construction partner. More details are given in the PQP.

4) Secondees:

The Contract will provide that a Construction Partner’s employees may be seconded to HS2 Ltd to assist HS2 Ltd in managing the HS2 Project (which could include managing Works during any step-in period).

Further information in relation to scope, the novation agreement and HS2 Ltd’s options is included in the PQP.

II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

Applicants are referred to VI.3) Additional information in this Contract Notice below.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation

III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

List and brief description of conditions:

Applicants are referred to the PQP and PQQ for information about conditions for participation.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s requirements and Minimum Standards in relation to economic and financial standing for each Lot.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s requirements and Minimum Standards in relation to technical and professional ability for each Lot.

III.1.4)Objective rules and criteria for participation

List and brief description of rules and criteria:

Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s rules and criteria for participation for each Lot.

III.1.5)Information about reserved contracts

III.1.6)Deposits and guarantees required:

HS2 Ltd reserves the right to require guarantees, bonds, collateral warranties (including the grant of step-in rights to Subcontract Works Packages) and other forms of security as appropriate to be specified in the Procurement Documents to be made available at ITT stage. Applicants are referred to the PQP for relevant information available at this Contract Notice stage.

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

The main financing conditions, payment mechanism, performance standards and incentive mechanism will be described in the Procurement Documents to be made available at ITT stage but it is expected that payment arrangements will be in accordance with the provisions of NEC3 Engineering and Construction Contract. (ECC) Option F: Management Contract (NEC3 ECC Option F) with HS2 Ltd amendments. Further details will be provided in the ITT. Applicants are referred to the PQP for relevant information available at this Contract Notice stage.

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

HS2 Ltd will accept expressions of interest and tenders from single entities or Consortia. HS2 Ltd does not require those Consortia who intend to form a single legal entity to do so at the PQQ stage. HS2 Ltd will consider contracting with a Consortium, providing always that the participants in any Consortium are jointly and severally liable for all of the obligations of the Contactor under the Contract.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 03/10/2017
Local time: 12:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

Date: 23/01/2018

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 24 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used

VI.3)Additional information:

1) Terms with an initial capital letter used in this Contract Notice, the PQP and the PQQ have the meanings given in PQP Section 1.3 (Definitions).

2) To express interest in one or both Lots, Applicants must complete the PQQ on the HS2 eSourcing portal strictly in accordance with the submission deadline for PQ Applications stated in the PQP (PQ Application Deadline). Please note that the PQ Application Deadline is a precise time and Applicants should allow sufficient time to upload their PQ Applications.

3) An Applicant may be a single organisation or a Consortium. An Applicant may only submit one PQ Application but it may be for one or both Lots. If an Applicant submits a PQ Application for both Lots then it must do so in the same form for both Lots in which the Applicant expresses an interest. A particular economic operator may not apply as more than one Applicant, whether as a single Applicant or as a Party to one or more Consortia. Applicants should note that this restriction does not apply to Subcontractors. See further PQP Section 5.6.

4) Applicants may express interest in and, if shortlisted, tender for one or both Lots but a Tenderer cannot win more than one Contract unless Exceptional Circumstances apply. See further PQP Section 4.3 and PQP Appendix B.

5) All Applicants are required to express an interest by registering on the HS2 eSourcing portal (www.hs2.bravosolution.co.uk). Registering is only required once.

6) For further assistance contact the BravoSolution helpdesk which is available Monday to Friday (8:00-18:00) GMT on:

Email — help@bravosolution.co.uk or

Telephone +44 8003684850.

7) Section II.2.6 (Estimated value): the value of each Lot is estimated and based on 2017 prices. The estimated values include the total of the Base Scope and any Optional Scope as described in PQP Appendix A (Scope). See further PQP Section 4.2.

8) Section II.2.7) (Duration of the contract): timescales in this Contract Notice are estimated based on the current HS2 Ltd programme but may be subject to change.

9) Section II.2.10) (Information about variants): HS2 Ltd reserves the right to accept variants at the ITT stage provided a Tenderer has also submitted a compliant Tender. Further information and minimum requirements in relation to any variants and how variants will be evaluated will be set out in the ITT.

10) A response to this Contract Notice does not guarantee that an Applicant will be invited to tender. The award process may be terminated or suspended at any time without cost or liability to HS2 Ltd. HS2 Ltd does not bind itself to enter into any contract(s) arising out of the procedures envisaged by this Contract Notice. No contractual rights express or implied arise out of this Contract Notice or the procedures envisaged by it. Any contract(s) let by HS2 Ltd may provide that the scope or duration of the Contract may be extended at HS2 Ltd’s discretion. HS2 Ltd reserves the right to vary its requirements and the procedure relating to the conduct of the award process. HS2 Ltd reserves the right to disqualify any Applicants on terms set out in the PQP.

11) Applicants and Tenderers shall be solely responsible for and liable for all costs associated with and arising out of or in connection with responding to this Contract Notice and any PQQ and with submitting any tender, howsoever incurred.

12) HS2 Ltd embraces diversity and welcomes PQ Applications from all suitably skilled and experienced economic operators of all sizes who can meet the requirements, regardless of gender, ethnicity, sexual orientation, faith, disability or age of supplier workforce and/or ownership. HS2 Ltd will actively promote sustainable procurement throughout its supply chain and welcomes PQ Applications from economic operators committed to the principles of reducing, reusing and recycling resources and to the practices of buying responsibly.

VI.4)Procedures for review

VI.4.1)Review body

High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
United Kingdom
Telephone: +44 20794760000

VI.4.2)Body responsible for mediation procedures

High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
United Kingdom
Telephone: +44 20794760000
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

22/08/2017

 

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