Dual carriageway construction work for Highways Agency
A63 Castle Street Improvement.
United Kingdom-Bedford: Dual carriageway construction work
Section I: Contracting authority
Woodlands, Manton Lane
For the attention of: Sara Parker
MK41 7LW Bedford
Telephone: +44 1234796627
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)
Section II: Object of the contract
Design and execution
Main site or location of works, place of delivery or of performance: A63 Castle Street runs through the middle of Hull and is located close to the River Humber.
NUTS code UKC
— to reduce traffic congestion,
— improve access to the port,
— improve safety for road users and the local community,
— reduce severance between the city centre and the leisure facilities to the south of the A63 Castle Street.
The Project is approximately 1.5km long and the main aspects are:
— advance works to divert third-party utilities and the archaeological excavation to exhume approximately 15,000 bodies from the Trinity Burial Ground.
— Improving the Mytongate junction by lowering the A63 by approximately 7 metres and raising Ferensway/Commercial Road by approximately 1 metre to cross the A63 on a new bridge.
— Between the Princes Dock Street junction and Market Place widening the eastbound carriageway to three lanes.
— Removing existing signalised pedestrian crossings and providing two number new pedestrian and Non Motorised User (NMU) footbridge crossings, one of which will be an iconic structure to demark the Port of Hull;
— Changes to side roads and local property access to improve safety;
— Localised diversion of third-party utilities that currently cross beneath the existing A63.
Additionally there is an opportunity to improve the Garrison Road roundabout which is adjacent to the A63 Castle Street scheme and is estimated at £5 million. This is not included in II.2.1) our range estimate for the scheme. The Secretary of State may instruct the contractor to deliver the improvement, subject to satisfactory completion of any statutory processes, benefits in combining these schemes, funding and programme dates aligning.
It is envisaged that the form of contract will be Early Contractor Involvement (ECI) based on the NEC contract April 2013 update.
45233224, 71322000, 45233128
Range: between 88 000 000,92 and 134 000 000,45 GBP
Section III: Legal, economic, financial and technical information
(ii) For Single Legal Entities/Incorporated Joint Ventures submitting an acceptable offer, the consortium must provide a Corporate statement of intent to form itself into a single legal entity before any contract can be awarded.
The Contractor must state in its expression of interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and 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.
Description of particular conditions: A Parent Company Guarantee will be required where the financial assessment of the applicant does not meet the required level for the contract. In the event of an applicant not meeting the minimum financial criteria, and where a parent company structure exists, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria. This may potentially result in escalation up to the ultimate parent or failure of financial assessment where the ultimate parent company does not meet the financial assessment criteria.
For a joint and severable liable joint venture each constituent of the joint venture shall meet at least 60 % of the financial standing stated for this contract, or where a parent company structure exits, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria.
Where an incorporated joint venture is proposed, Parent Company Guarantees will be required.
(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;
(ca)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;
(ea) 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;
(eb) 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].
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 two years audited accounts with your prequalification submission.
Minimum level(s) of standards possibly required: The Constructionline Notation Value for this contract is £43,04m. 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.
Means of proof required – Contractors must provide (along with their expression of interest 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 five 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 pulic?
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) Not Used
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 / DCO 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.
18) Conduct significant Traffic Management?
19) Not used.
20) Not used.
21) Not used.
22) Maintain a road network asset in a safe and serviceable condition during construction?
23) Not used.
More details can be found in document 4 “Technical Ability Guidance” in the Pre-Qualification Pack – see VI.3 Additional Information.
(c) for the Contractor and applicant companies identified under section III.2.3(a) a current Highways Agency Health & Safety Assessment Certificate, please see Annex A.4 of the Pre-Qualification Pack.
Any contractor or applicant company who has not undergone a Highways Agency Health and Safety Assessment must complete the questions in Annex A.4 in the Pre-Qualification Pack.
Section IV: Procedure
Objective criteria for choosing the limited number of candidates: See VI.3 Additional Information.
The most economically advantageous tender in terms of the criteria stated below
Via Bravo as in 1.1 above.
Section VI: Complementary information
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 Highways Agency 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 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, the Highways database will provide Motivating Success Toolkit (MST) scores and will be used to score the PPD Areas of Measurement – Data Sheet where available. If suppliers wish to have a copy of the scores used then they should contact the Procurement Officer in I.1 via Bravo Solutions stating the contract(s) they wish to have a copy of their MST scores for and teh Procurement Officer will provide them by return. 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 spent through a contract. HA Board has identified that Providers delivering the A63 Castle Street Improvement are expected to contribute in delivering this target
Estimated range at II.2.1 does not include the potential additional works opportunity at Garrison Road.
The date in IV.3.5 is approximate and may be subject to change depending on completion of statutory processes.
Please note that the duration in II.3 of 48 months excludes the defects period and aftercare period.
The Quality Price ratio in IV.2.1 is to be advertised in the tender documents.
See details at VI.4.2
Appeals must be lodged in accordance with the Public Contracts Regulations 2006 (SI 2006 no 5) as amended.
VI.5)Date of dispatch of this notice:28.11.2013