Trunk Road Construction Work Immingham

Trunk Road Construction Work Immingham

A160 / A180 Port of Immingham Improvement.

UK-Bedford: Trunk road construction work

2012/S 244-401129

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Highways Agency
Woodlands, Manton Lane
For the attention of: Alison Tedder
MK41 7LW Bedford
UNITED KINGDOM
Telephone: +44 1234796177
E-mail: alison.tedder@highways.gsi.gov.uk
Fax: +44 1234796017

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
Other: Roadworks
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:
A160 / A180 Port of Immingham 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: The A160 is the principal route to the Port of Immingham from the A180, which carries on to Grimsby and the Port of Grimsby. The A160 and A180 routes provide a strategic link between these ports and the national road network. The A160 runs in a west to east direction from its junction with the A180 to the Port of Immingham and the surrounding South Humber Bank development area. The A160 currently consists of a single carriageway for approximately 2 km from its junction with the A180 to Habrough Road Roundabout, then 2.5 km of dual carriageway to Manby Road Roundabout. There is also 0.7 km of single carriageway from Manby Road Roundabout as a non-trunk road (Humber Road) to the dock gate entrance of the Port of Immingham. The principal settlement in the area through which the scheme passes is South Killingholme, with the majority of the residential properties lying on the north side of the A160.
NUTS code UKE13
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 key improvements and main construction activities will be as follows:
— upgrading of Brocklesby Junction to an oval two bridge roundabout layout, including a dedicated left turn lane for vehicles travelling from the eastbound A180 to the A160,
— improving the single carriageway section of the A160 to dual carriageway standard,
— relocating Habrough Roundabout to the west of its current position, with new link roads provided from the A160 to Ulceby Road, Top Road and Habrough Road,
— closure of the central reserve gaps at the junction with Town Street and the entrance to the oil refinery,
— provision of a new road bridge at Town Street to provide vehicle and pedestrian access between the 2 parts of South Killingholme, and
— provision of a new carriageway system between Manby Road Roundabout, Rosper Road Junction and the Port of Immingham, requiring construction of a new link road and bridge beneath the railway.
The form of contract will be Early Contractor Involvement (ECI). Please note that the design will either be retained in house through the client or the existing designer will be novated across to the successful contractor. The contractor is therefore not required to submit his prequalification application as a joint venture with a designer. The contractor must submit his own reference schemes. Any designer used for the purpose of preparing prequalification and/or tender submissions will do so as a subcontractor to the main contractor.
II.1.6)Common procurement vocabulary (CPV)

45233124, 45233224, 45233128, 45233126, 45233225

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 55 000 000 and 81 000 000 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: 40 (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 firms invited to tender will be advised of these in the tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Design and statutory processes: monthly payments. Time charges with financial incentives related to scheme budget. Construction phase: monthly payments for actual costs incurred with financial incentives related to a target cost.
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 (prequalification submission) to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the Contractor must also confirm the names of all the contracting entities with the Employer 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: An ultimate parent company Guarantee may be sought. For incorporated joint ventures parent company guarantees will be sought prior to 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(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 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;
(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
The Highways Agency shall treat as ineligible and shall not select a supplier 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 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 (j) it or any of its directors 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 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;
(i) in relation to procedures for the award of a public services contract, is not licensed in the relevant State in which he is established or is not a member of an organisation in that 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 Regulations 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
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 you will be required to submit your last 3 years audited accounts with your prequalification submission.
Minimum level(s) of standards possibly required: The Constructionline Notation Value for this contract is 65 000 000 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 / prequalification 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 5 years against the following criteria:
Minimum level(s) of standards possibly required:
Did your role in the contract require you to:
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 (co-ordinator) under CDM Regulations?
8) Fulfil the role of Designer under CDM Regulations?
9) Develop and comply with an environmental statement?
10 Produce a Target Cost submission?
11) Prepare Draft Orders and manage the project through a Public Inquiry?
12) Conduct geo-technical works and surveys?
13) Produce an economic assessment report?
14) Produce a traffic forecasting report?
15) Operate a robust programme management and time forecasting process?
16) Comply with a construction quality plan?
17) Not used/NA
18) Conduct significant Traffic Management
19) Not used/ N/A
20) Not used/N/A
21) Not used/N/A
22) Not used/N/A
23) Provide information on (road)work activity, incidents, events and alternative routes.
More details can be found in the Technical Ability Guidance in the Prequalification Pack- see VI.3) additional information:.
For the applicant companies identified under section III.2.3a a current Highways Agency Health and Safety assessment Certificate . For any Contractor/applicant company who has not undergone an assessment, answers to the questions on the Health and Safety Questionnaire Sheet (Annex A.4 & B.1 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.
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 minimum number 1: and maximum number 5
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
IV.2)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated below

1. Quality.

2. Price.

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:
HA Share folder reference 17679911.
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
22.1.2013 – 17:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
26.2.2013
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

Place:

Via bravo solutions and 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 Instructions How to Express Interest in this Tender~:
1. Register your company on the eSourcing portal (this is only required once) – Browse to the eSourcing Portal: https://highways.bravosolution.co.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 email with your unique password (please keep this secure).

2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box.
3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.
a) Suppliers interested in submitting an expression of interest for this proposed contract should obtain a copy of the Pre-Qualification Pack (PQP) from the HAs e tendering system- Bravo solutions. Completed forms and responses must be received by the Highways Agency, on Bravo solutions , by the deadline at Section IV.3.4).
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.
b) 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 and CDM Co-ordinator under the Construction (Design and Management) Regulations 2007.
c) 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 via bravo solutions 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.d) The tenderer with the most economically advantageous tender will be required to sign the Highways Agency Fair Payment Charter as a condition of acceptance of their tender.
e) As a supplier / organisation looking to bid for public sector contracts you should be aware tender documentation for contracts over 10 000 GBP will be published on a single website and made available to the public. You should also be aware that if your bid is successful, the resulting contract will be published. In some circumstances, limited redactions will be made to tender documentation and/or contracts before they are published in order to comply with existing law, to protect commercial interests, and for the protection of national security.
f) Government Departments and Agencies are committed to ensuring public sector procurement is used, where possible, to promote skills training and open up apprenticeship opportunities on public sector projects and programmes. To support this commitment Highways Agency Board has agreed a target to have one apprenticeship created for every 20m GBP spent through a contract. HA Board has identified that Providers delivering the A160/A180 Immingham are expected to contribute in delivering this target.
Please not the tender invitation date in IV.3.5 is an approximate date and subject to statutory processes and approvals procedures being completed.
Please note the duration in II.3) of 40 months excludes the defects period.
The Quality Price ratio in IV.2.1) is to be advised in the tender documentation.

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:14.12.2012

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