Building Work - Legacy Communities Scheme

Building Work – Legacy Communities Scheme – Sweetwater and East Wick

The London Legacy Development Corporation (‘the Contracting Authority’) will be launching this opportunity to find a development partner to deliver the next phase of housing on Queen Elizabeth Olmpic Park (‘the Park’).

United Kingdom-London: Building construction work

2013/S 224-389156

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

London Legacy Development Corporation
Level 10, 1 Stratford Place
Contact point(s): Legal and Procurement Department
For the attention of: David Walsh
E20 1EJ London
UNITED KINGDOM
Telephone: +44 2032881800
E-mail: davidwalsh@londonlegacy.co.uk

Internet address(es):

General address of the contracting authority: www.londonlegacy.co.uk

Electronic access to information: www.supply4london.gov.uk

Electronic submission of tenders and requests to participate: www.supply4london.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

Body governed by public law

I.3)Main activity

Recreation, culture and religion
Other: Regeneration

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:

Legacy Communities Scheme – Sweetwater and East Wick.

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
NUTS code UKI12

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)

Building construction work. Construction work for multi-dwelling buildings and individual houses. Construction work for houses. Houses construction work. Multi-dwelling buildings construction work. Flats construction work. Multi-functional buildings construction work. Urban development construction work. Construction work for buildings relating to leisure, sports, culture, lodging and restaurants. Shop units construction work. Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork. Construction work for pipelines, communication and power lines. General construction work for pipelines. Gas supply mains construction work. Construction work for water and sewage pipelines. Road construction works. Renting or leasing services of own property. Residential property renting or leasing services. Non-residential property renting or leasing services. Building rental or sale services. Residential building rental or sale services. Architectural, engineering and planning services. Technical planning services. Urban planning and landscape architectural services. Urban environmental development planning. The London Legacy Development Corporation (‘the Contracting Authority’) will be launching this opportunity to find a development partner to deliver the next phase of housing on Queen Elizabeth Olmpic Park (‘the Park’). The Development Partner will be responsible for delivering approximately 1,500 homes, commercial spaces and recreation areas in the areas of East Wick and Sweetwater on the Park. The aims and objectives of this Project is in line with the Mayor of London’s commitment to widen housing choice and improve the private-rented housing offer for both tenants and landlords.
The Development Partner will work with the Contracting Authority to deliver the Project which includes the enabling and other infrastructure associated with it as well as services and supplies required for it. The Contracting Authority expects this relationship to be a long term partnership (approximately ten years is envisaged for the rented element) that seeks to benefit both parties from the growth in housing values over time. The sites are located on the western edge of the Park, benefiting from fantastic open spaces and world-class sports venues. They border the Lee Navigation canal, and the cultural and creative quarters of Hackney Wick and Fish Island.
The site of the Project is located on the western edge of the Park in the London Boroughs of Hackney (East Wick) and Tower Hamlets (Sweetwater). As well as benefitting from the fantastic open space, leisure and sports amenities available on the Park, the location benefits from the creative and artistic activities in neighbouring Hackney Wick and Fish Island. The development will exemplify the best of London’s residential architecture with a range of family homes and apartments inspired by the attractive housing found along the edges of London’s parks.
The Contracting Authority will use the Competitive Dialogue procedure under the 2004/18/EC Directive and the Public Contracts Regulations of 2006 (as amended) – the Regulations, to source the Development Partner.
Details of which are included below.

II.1.6)Common procurement vocabulary (CPV)

45210000, 45211000, 45211100, 45211300, 45211340, 45211341, 45211350, 45211360, 45212000, 45213112, 45230000, 45231000, 45231100, 45231221, 45231300, 45233120, 70200000, 70210000, 70220000, 70310000, 70311000, 71240000, 71356400, 71400000, 90712100

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: yes

II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The Project comprises the planning, funding, designing, procurement, construction, completion, marketing, management, and disposal of approximately 1,500 units of residential accommodation, together with the ancillary uses, infrastructure and external works. It is presently envisaged by the Contracting Authority that the construction of the Project will be delivered over a number of phases.
The Project involves two main neighborhoods’, East Wick and Sweetwater, which are described in more detail in the Memorandum of Information document (the MoI).
On the basis of the above, the Scope of the Project may therefore include (but not be limited to) some or all of the following:
– secure detailed planning consent, working in close consultation with the Contracting Authority and our Stakeholders;
– lead on sourcing the funding, planning and delivering the construction, the marketing (sales and lettings), and ongoing asset, estates and facilities management.
In delivering the Project, the Development Partner may be expected to engage in the delivery of some or all of (but not be limited to) the following services:
– detailed design services, including architecture, landscape architecture, architectural technology, structural engineering, civil engineering, building services engineering, environmental sustainability;
– technical services, including specialist design elements;
– environmental and sustainability monitoring;
– construction and construction management, including remediation of contaminated land;
– planning agent for conditions relating to the Development Partner’s construction and specialist design elements.
The Development Partner may also be responsible for some or all of the following Works:
– mechanical and Electrical installation works;
– deliver all infrastructure (including Section 106 obligations) necessary to deliver the Project;
– main construction works building each phase of the Development
The Contracting Authority reserves the right, acting in accordance with the Regulations, to also require the Developer Partner to provide additional works or services or supplies and installations under this Project, which are necessary for the Project and/or were not foreseeable at the time of the award of the Contract.
The Project is likely to involve working over or adjacent to:
– existing ‘live’ areas used by the public and other contractors;
– existing waterways and adjacent rivers that flow throughout the Park.
The Development Partner may be required to act as the employer and employ the principal contractor, the CDM coordinator and the supervisor (as defined in the Construction (Design and Management) Regulations 2007) for the Project. Further, the Development Partner may also be required to ensure that their suppliers are responsible for the site logistics including security, delivery management, transportation of personnel, Health and Welfare and asset protection and maintenance.
It is also presently envisaged that the Scope will include the provision of design warranties and performance certification for those works and / or materials supplied that are designed and / or tested by the contractor and their suppliers. Stakeholder warranties will also be required.
It is presently anticipated that the Development Partner will be responsible for the sourcing of maintenance and estate management services for the completed development.
More information about the Project can be found in the MoI. Full details of the Scope of the Contracting Authority’s requirements (including the warranties that may be sought by the Contracting Authority) will be provided to Bidders in the Invitation to Participate in Dialogue (ITPD).

II.2.2)Information about options

Options: yes
Description of these options: As part of the Competitive Dialogue procedure, the Contracting Authority intends to place the delivery of the Project into phases which will form different options. More details will be provided to the Bidders in the ITPD.
Provisional timetable for recourse to these options:
in months: 120 (from the award of the contract)

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: 120 (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 deposits, guarantees, collateral warranties, bonds and / or other forms of appropriate security. More details will be provided to the Bidders in the ITPD.

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

Details are provided in the pre-qualification questionnaire (PQQ) document, copies of which are available from the Supply4London e-Tendering service (details of which can be found at Section VI.3 of this Notice).

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 reserves the right to require the Development Partner to take a particular legal form or to require a single provider to take primary liability or to require that each party undertakes joint and several liability irrespective of the legal form of the contracting entity. Details are provided in the PQQ documents, copies of which are available from the Supply4London e-Tendering service (details of which can be found at Section VI.3 of this Notice).

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no

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: Applicants and Relevant Companies must confirm: (i) that there are no mandatory or discretionary grounds for their exclusion from this procurement process in accordance with Part IV of the Regulations and (ii) their acceptance and agreement to be bound by the terms of the Mandatory Undertaking and Confidentiality Agreement as uploaded on the Supply4London portal. Applicants must complete the Mandatory Undertaking before they can access any further documentation and the PQQ.
Completed responses to the PQQ must be returned via the Supply4London e-Tendering service (further details of which are available at section VI.3 of this OJEU Notice) before the specified deadline.
Interested organisations can find instructions on how to respond to this Notice and the PQQ, as well as assistance on registering suppliers’ organisations on the eTendering service, or how to download / view procurement documentation through:
1. the eTendering website, www.supply4london.gov.uk; or

2. the use of the www.supply4london.com Helpdesk facility on +44 8452707098; or

3. the use of the Supplier Guides and FAQ’s available from the eTendering service at http://www.supply4london.com/getting-started/supplier-guidances/

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please see sections 8 and 9 of the PQQ.
Minimum level(s) of standards possibly required: Details of the evaluation (short-listing) process are found within the PQQ documents.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Please see section 9 of the PQQ.
Minimum level(s) of standards possibly required:
Details of the evaluation (short-listing) process are found within the PQQ documents.

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

competitive dialogue

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 6
Objective criteria for choosing the limited number of candidates: The criteria for choosing the number of applicants to progress is outlined the PQQ documentation, as found on the Supply4London portal.

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 yes

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

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 2.1.2014 – 12:00
Payable documents: no

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

9.1.2014 – 12:00

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

28.2.2014

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

Suppliers must log in, go to your Response Manager and add the Access Code 53324UAAA49.
From there, you will need to download, read and sign the Mandatory Undertaking and Confiendiality Agreement. Once signed, please upload to the Supply4London portal and send a hard copy to the offices of the London Legacy Development Corporation. The address is: Level 10, 1 Stratford Place, Montfichet Road, London, E20 1EJ.
If you experience any technical difficulties please contact the Supply4London Helpdesk by emailing helpdesk@procure4london.com

The Contracting Authority reserves the right to:
— waive any requirements of this procurement process (to the extent permitted by law),
— request additional information or clarificatory information from Applicants in relation to any aspect of their response,
— disqualify any Applicant that does not submit a compliant response in accordance with the Contracting Authority’s instructions (see also below),
— withdraw any part of or the whole of this procurement process at any time or to re-invite responses on the same or any alternative basis,
— not award the whole of or a part of contract as a result of this procurement process; or,
— make whatever changes it sees fit to the timetable, structure or content of the procurement process for any reason.
Furthermore, the Contracting Authority reserves the right to reject or disqualify an Applicant where:
— their response to the PQQ is submitted late, is completed incorrectly, is incomplete or fails to meet the Contracting Authority’s requirements which have been notified to Applicants,
— the Applicant is unable to satisfy the terms of the Regulations at any stage during the procurement process,
— the Applicant is guilty of serious misrepresentation or fraud in relation to its application and/or any aspect of this procurement process,
— there is a change in identity, control, financial standing or other factor impacting on the procurement process and affecting the Applicant; and/or,
— there is an actual or potential commercial, professional, financial or other conflict of interest arising between the interests of the Contracting Authority and the Applicant.
The Contracting Authority reserves the right, acting in accordance with the Regulations, to also require the Development Partner to provide additional works or services or supplies for the Project, which are necessary for the delivery of the Project and/or were not foreseeable at the time of the award of the Contract.
All Applicants are solely responsible for all their costs and expenses incurred in connection with the preparation and submission of their responses at all stages of the procurement process. Under no circumstances will the Contracting Authority be liable for any costs or expenses borne by or on behalf of the Applicant.
Variant bids will be considered as part of this procurement process. Clarifications and queries in respect of this PQQ must be submitted in writing and via the Supply4London eTendering Service only. Direct emails, telephone calls or correspondence with the Contracting Authority will not be permitted during the procurement of this opportunity. GO Reference: GO-20131115-PRO-5269513

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

London Legacy Development Corporation
Level 10, 1 Stratford Place
E20 1EJ London
UNITED KINGDOM
E-mail: davidwalsh@londonlegacy.co.uk
Telephone: +44 2032881800

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Contracting Authority will notify all applicants of the pre-selection results (where available i.e. not if the Open procedure is used) prior to issuing the Invitation to Dialogue.
The Contracting Authority has incorporated in the Procurement timetable a mandatory 10-calendar day standstill period at the point where notification and information on the award of the contract is (electronically) provided to all Tenderers.
The Public Contracts Regulations of 2006 and the Amendment Regulations of 2009 (SI 2009 No. 2992 – the “2009 Regulations”) provide for aggrieved operator who have been harmed or are at risk of harm by a breach of the relevant procurement rules to take action in the High Court (England, Wales and Northern Ireland).
An aggrieved operator may apply to the Court at any time during the procurement process to order the Contracting Authority to amend any procurement related document, or set a decision aside of the the award decision or order the and may award damages.
If the Contracting Authority is formally notified of such court action during the standstill period, it shall suspend the process leading to the award of the contract.
After the contract has been entered into, the Court may, upon the application of an aggrieved operator declare the contract ineffective or shorten its term and/or award damages (and impose penalties on the Contracting Authority to be collected by the HM Treasury), if the relevant grounds and conditions under the 2009 Regulations are met.
The Contracting Authority would however urge any aggrieved operator (candidate or Tenderer) to communicate any issues with the contact of this procurement (see Section I above) by raising a Clarification Question through the Supply4London Portal in the first instance in case a solution can be found to avert time consuming court actions.

VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:15.11.2013