Independent Technical Assessor for the Thames Tideway Tunnel Project

Independent Technical Assessor for the Thames Tideway Tunnel Project

A major new sewer, the ‘Thames Tideway Tunnel’, is urgently needed to provide long overdue and necessary additional sewer capacity to protect the River Thames from increasing pollution.

United Kingdom-London: Infrastructure works consultancy services

2015/S 076-134283

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Thames Water Utilities Limited
The Point, 4th Floor, 37 North Wharf Road, Paddington
For the attention of: ITA Procurement Manager
W2 1AF London
UNITED KINGDOM
Telephone: +44 2031477700
E-mail: procurement@tidewaytunnels.co.uk

Internet address(es):

General address of the contracting authority: http://www.thameswater.co.uk

Address of the buyer profile: http://www.thamestidewaytunnel.co.uk

Electronic access to information: https://thamestidewaytunnel.bravosolution.co.uk

Electronic submission of tenders and requests to participate: https://thamestidewaytunnel.bravosolution.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

Other: sewage disposal but Applicants are referred to Section VI.3) Additional Information regarding the Contracting Authority and those on behalf of whom it is procuring

I.3)Main activity

General public services
Other: sewage disposal but Applicants are referred to Section VI.3) Additional Information regarding the Contracting Authority and those on behalf of whom it is procuring

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Thames Tideway Tunnel Limited (official name not yet known as outlined above)
Address not yet available but contact point until further notice is: The Point, 37 North Wharf Road, Paddington
W2 1AF London
UNITED KINGDOM

Water Services Regulation Authority
B5 4UA
Centre City Tower, 7 Hill Street Birmingham
UNITED KINGDOM

The Secretary of State for Environment Food and Rural Affairs
SW1P 3JR
Nobel House, 17 Smith Square London
UNITED KINGDOM

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Independent Technical Assessor for the Thames Tideway Tunnel Project.

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

Services
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
Main site or location of works, place of delivery or of performance: London, UK.

NUTS code UKI

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)

Thames Water Utilities Limited (‘Thames Water’) wishes to procure Independent Technical Assessor (‘ITA’) Services for the Thames Tideway Tunnel Project (‘the Project’) on behalf of itself, the Secretary of State for Environment, Food and Rural Affairs (‘Secretary of State’), the Water Services Regulation Authority (‘Regulator’) and an Infrastructure Provider being procured for the delivery of the Project (‘IP’).
This procurement is part of a series of procurements in relation to the Project which will modernise London’s sewerage system, delivering environmental and economic benefits to the UK’s capital for generations.
A major new sewer, the ‘Thames Tideway Tunnel’, is urgently needed to provide long overdue and necessary additional sewer capacity to protect the River Thames from increasing pollution. It will help tackle the problem of the capital’s Victorian sewers overflowing into the River Thames and enable the UK to meet European environmental standards. The Thames Tideway Tunnel will run to approximately 25 km long and up to 70 m deep underground (requiring excavation), broadly following the River Thames and will connect with Thames Water’s existing sewer network.
Project oversight is to be maintained by a liaison between three entities, the Secretary of State, Thames Water and the IP. This liaison is governed by the Liaison Agreement entered into by all 3 parties. The size, complexity and risk of the Project is such that an Independent Technical Assessor (ITA) has been specified in the Liaison Agreement.
The detailed Services are described in the ITA Deed but the overarching role and purpose of the ITA will be to objectively and independently review, evaluate, comment and advise the parties to the Liaison Agreement and the Regulator on the IP and Thames Water’s assessment of ongoing Project performance and delivery.
All three members of the Liaison Agreement will meet as the Liaison Committee.
The ITA will advise and have a duty of care to the Regulator and the parties to the Liaison Agreement. These obligations and the nature of the duty of care obligations are as set out in the ITA Deed which will be entered into between the ITA, the 3 parties to the Liaison Agreement and the Regulator.
Interested parties in the role of the ITA will be able to download the Pre-Qualification Pack (PQP) and related Procurement Documents once they have registered their interest in becoming a Tenderer for the ITA. Further details of the registration process are set out in section III.2) of this contract notice.
The PQP contains further detail regarding the time-line and phases of the procurement of the ITA, the Project’s key features, as well as specific details regarding the pre-qualification phase, including the pre-qualification questions that each interested party must respond to and the way in which Thames Water will assess the responses to the PQP.
Whilst it is intended that the procurement will be run in accordance with the time-line and process described in the PQP, the Procurement Documents and in this contract notice, Thames Water reserves the right to amend or cancel any or all of the procurement at any time.

Interested organisations should refer to sections II.2 (Quantity or scope), VI.3 (Additional information) of this contract notice, the PQP and Thames Water’s website for the Project at www.thamestidewaytunnel.co.uk

It is intended that the successful Tenderer will be awarded the Contract in August 2015 shortly after Licence Award. The initial term of the ITA Deed (Initial ITA Term) is 4 years with options to extend for up to 3 further periods each of 4 years (Additional ITA Term) making a total possible aggregate term of 16 years.

II.1.6)Common procurement vocabulary (CPV)

71311300, 71311000, 71311100, 71318000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): no

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:

The ITA will be required to perform:
(i) ITA Services consisting of:
— ITA Services — Scheduled;
— ITA Services — Unscheduled; and
(ii) any Varied ITA Services; consisting of:
— Approved Varied ITA Services;
— Individual Varied ITA Services
as described in Schedule 1 to the ITA Deed and in the Scope of Services.
Services will be performed for the benefit of the Parties in accordance with the ITA Deed for the Initial ITA Term and (as applicable) an Additional ITA Term.
The detailed Services are described in the ITA Deed and in the Procurement Documents but the overarching role and purpose of the ITA will be to objectively and independently review, evaluate, comment and advise the parties to the Liaison Agreement and the Regulator on the IP and Thames Water’s assessment of ongoing project performance and delivery. The Liaison Agreement is between Secretary of State for Environment, Food and Rural Affairs, Thames Water and the IP. All three members of the Liaison Agreement will meet as the Liaison Committee.
These obligations and the nature of the duty of care obligations are as set out in the ITA Deed which will be entered into between the three parties to the Liaison Agreement with the addition of the Regulator who will also be a party to the ITA Deed.

Details of the Thames Tideway Tunnel Project are given in the PQP and further information can be viewed at the Project’s website:www.thamestidewaytunnel.co.uk

Interested organisations should refer to II.1.5 (Short Description) and VI.3 (Additional information) and to the PQP for further information on the description of the ITA Services, the Project and the Contract.
The estimated value of the ITA Services is over the EU threshold for Services but the actual value of the Contract will be subject to the tender proposals received.
Estimated value excluding VAT:
Range: between 2 800 000 and 4 500 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The initial term of the ITA Deed (Initial ITA Term) is 4 years with options to extend for up to 3 further periods each of 4 years (Additional ITA Term) making a total possible aggregate term of 16 years. Applicants should also note that there is an option to terminate the Contract early should certain clauses in the ITA Deed be activated. Further details are set out in the draft ITT and draft ITA Deed made available with the Procurement Documents.

II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 3
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 48 (from the award of the contract)

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

Duration in months: 48 (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:

The Contracting Authority reserves the right to require guarantees, bonds, collateral warranties and other forms of security as appropriate to be discussed at ITT stage. Further details and requirements are provided in the draft ITT made available with the Procurement Documents and to be confirmed at ITT stage.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The main financing conditions, payment mechanism and performance standards are described in the draft ITT made available with the Procurement Documents and to be confirmed at ITT stage.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Contracting Authority will accept expressions of interest and Tenders from single entities or Consortia. The Contracting Authority does not require Consortia to form a single legal entity at the pre-qualification questionnaire (PQQ) stage. The Contracting Authority will consider contracting with a Consortium, providing always that the participants in any unincorporated joint venture are jointly and severally liable for all of the obligations of the Consortium under the Contract. The nature of the Contractor or Contractors, assumption of liability and the terms of any parent company guarantees (PCG) will be a matter to be addressed at ITT stage and the Contracting Authority’s detailed requirements are described in the draft ITT made available with the Procurement Documents and to be confirmed at ITT stage. Applicants must provide full details of their proposed contracting structures with their completed PQQ Response. See PQP for further details.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: These conditions are set out in the PQP and further detailed in the draft ITT made available with the Procurement Documents and to be confirmed at ITT stage.
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: Interested organisations must register to participate in the pre-qualification phase of the procurement by following the link https://thamestidewaytunnel.bravosolution.co.uk and complete the online confidentiality undertaking provided at that link.

Following registration and acceptance of the confidentiality undertaking, interested organisations will be able to download the PQP and view other Procurement Documents in accordance with the requirements of Regulation 53 of the Public Contracts Regulation 2015. Instructions and further detail for the pre-qualification phase are set out in the PQP. The PQP has been prepared in accordance with the Public Contracts Regulations 2015.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: This is set out in detail in the PQP. The PQP has been prepared in accordance with the Public Contracts Regulations 2015. The PQP which can be obtained at the address in Section I.1.
Minimum level(s) of standards possibly required: This is set out in detail in the PQP. The PQP has been prepared in accordance with the Public Contracts Regulations 2015. The PQP which can be obtained at the address in Section I.1.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
This is set out in detail in the PQP. The PQP has been prepared in accordance with the Public Contracts Regulations 2015. The PQP which can be obtained at the address in Section I.1.
Minimum level(s) of standards possibly required:
This is set out in detail in the PQP. The PQP has been prepared in accordance with the Public Contracts Regulations 2015. The PQP which can be obtained at the address in Section I.1.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no
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
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

Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

15.5.2015 – 17:00

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

29.5.2015

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
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

1. Applicants should note that words and expressions in this contract notice with an initial capital letter shall have the meanings given in the Pre-Qualification Pack (PQP) that is available on request to all interested organisations. Interested organisations may obtain the PQP fromhttps://thamestidewaytunnel.bravosolution.co.uk All additional information relating to information provided in this contract notice is available in the PQP.

2. I.1) (Contracting Authority) and I.4) (contract award on behalf of other contracting authorities) — This contract notice is published by Thames Water Utilities Limited on behalf of itself, the Secretary of State for Environment, Food and Rural Affairs (‘Secretary of State’), the Water Services Regulation Authority (‘Regulator’) and an Infrastructure Provider (a regulated delivery body for the Project which is in the process of being formed and will be independent from Thames Water). Thames Water is a ‘utility’ for the purposes of the Utilities Contracts Regulations 2006 so the award of a services contract by Thames Water is subject to those regulations. However the Secretary of State and the Regulator are contracting authorities for the purposes of the Public Contracts Regulations 2015. Since both the Utilities Contracts Regulations 2006 and the Public Contracts Regulations 2015 could apply to the award of the Contract, Thames Water and Stakeholders have agreed to procure using the restricted procedure pursuant to the Public Contracts Regulations 2015. Thames Water is running the procurement in consultation with the Secretary of State and the Regulator. Applicants are referred to the PQP for further information on Thames Water, the IP and the other contracting authorities and the contract letting strategy.
3. II.1.8) (Division into lots) — The Contracting Authority intends to let the Contract as a single contract and not in lots. Given the nature and complexity of the Project and the nature of the ITA Services a single service is required. Further information is provided in the PQP.
4. II.1.9) (Information about variants) — The scope of services is agreed by Stakeholders and Thames Water and the Contracting Authority does not consider it appropriate in the context of the nature and complexity of the Project to allow variants.
5. II.2.1) (Quantity and scope) — The value stated in Section II.2.1 is an estimated range of values for the ITA Services for the Initial ITA Term only and the actual value of the ITA Services may be subject to change depending on the outcome of the procurement and the Services required to be performed during the Term and any Additional ITA Term in accordance with the ITA Deed.
6. II.2.2) (Information about options) — The Contracting Authority reserves the right to extend the Contract beyond the Initial Term so that the total Term may be up to 16 years.
7. II.3) (Duration of the contract or time limit for completion) — the duration of the Contract, time limit for completion and procurement timetable are described in detail in the PQP. The Contracting Authority reserves the right to amend dates and deadlines and to update the procurement timetable. Applicants and Tenderers will be notified as appropriate. The duration of the Contract is for an Initial Term of 4 years capable of extension to a total Term of 16 years although may be subject to change in accordance with the terms the Contract.
8. IV.2.1) (Award criteria) — The Contracting Authority intends to award the Contract to the most economically advantageous tender. Details of the Contracting Authority’s award criteria and methodology for identifying the most economically advantageous tender for the Contract is described in the Procurement Documents and will be confirmed in the ITT to be formally issued to selected Tenderers at ITT stage.
9. IV.3.3 and IV.3.4) (Expressing an interest) — all interested organisations must complete and return a pre-qualification questionnaire (PQQ Response) in the form made available by the Contracting Authority. The PQP and accompanying Procurement Documents are available pursuant to Regulation 53 from https://thamestidewaytunnel.bravosolution.co.uk from the date of dispatch of this contract notice. To express an interest in the Contract, completed PQQ Responses must be returned to https://thamestidewaytunnel.bravosolution.co.uk by the Submission Deadline stated in the PQP.

10. A response to this contract notice does not guarantee that an Applicant will be invited to tender. The process for selecting Tenderer(s) to be invited to tender is set out in the PQP. The Contracting Authority reserves the right in its absolute discretion to abandon, terminate or suspend the award process at any time. Further:
a. the Contracting Authority does not bind itself to enter into any contract arising out of the procedures envisaged by this contract notice;
b. no contractual rights express or implied arise out of this contract notice or the procedures envisaged by it;
c. the Contracting Authority reserves the right to vary its requirements and the procedure relating to the conduct of the award process; and
d. Applicants and Tenderers shall be fully responsible for and liable for all costs associated with and arising out of or in connection with responding to this contract notice and any pre-qualification questionnaire. Thames Water Utilities Limited or any other Contracting Authority will not be responsible for or liable to any Applicant or Tenderer for any cost incurred by such Applicant and/or Tenderer in responding to this contract notice, any pre-qualification questionnaire or any Tender howsoever incurred; and
e. Thames Water is procuring on behalf of itself and the Stakeholders and will undertake the procurement in consultation with the Stakeholders.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

High Court of Justice
Royal Courts of Justice, The Strand
WC2A 2LL London
UNITED KINGDOM

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: In accordance with Regulations 87 of the Public Contracts Regulations 2015 (PCR), Thames Water will incorporate a minimum 10 calendar day standstill period before award from the point information on award is communicated to Tenderers. Any request for further information by Tenderers pursuant to Regulation 87 of the PCR must be made in writing to the address set out in section I.1 above. The PCR provide remedies for economic operators who, in consequence of a breach of the PCR, suffer, or risk suffering, loss or damage. Proceedings must be started in the High Court of England and Wales.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

15.4.2015

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