Framework Agreement of Works Contractors

Framework Agreement of Works Contractors

Tender for the provision of a Framework Agreement of Works Contractors for the construction (incorporating design development) for new-build, adaptations, extensions and refurbishments to existing schools, in the London Borough of Hillingdon.

UK-Uxbridge: construction work for school buildings

2012/S 227-373555

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

London Borough of Hillingdon
Civic Centre, High Street
Contact point(s): Mark Holmes
For the attention of: Mark Holmes
UB8 1UW Uxbridge
UNITED KINGDOM
Telephone: +44 1895558396
E-mail: mholmes2@hillingdon.gov.uk

Internet address(es):

General address of the contracting authority: http://www.hillingdon.gov.uk/residents

Address of the buyer profile: Procurement Department, C/o Corporate Property and Construction, London Borough of Hillingdon, Civic Centre, High Street, UXBRIDGE. UB3 1UW
Electronic access to information: www.procure4London.com

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

Regional or local authority
I.3)Main activity

General public services
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:

Tender for the provision of a Framework Agreement of Works Contractors for the construction (incorporating design development) for new-build, adaptations, extensions and refurbishments to existing schools, in the London Borough of Hillingdon.
II.1.2)Type of contract and location of works, place of delivery or of performance

Works
Execution
NUTS code UKI23

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 6
Duration of the framework agreement

Duration in months: 48
Justification for a framework agreement, the duration of which exceeds four years: Framework is awarded by the Council for a term of 48 months.
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 1 and 200 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

Construction work for school buildings. Primary school construction work. Secondary school construction work. Special school construction work. The London Borough of Hillingdon is seeking Tender Responses from organisations wishing to participate in a tender for the provision of a Framework Agreement of Works Contractors for the construction (incorporating design development) for new-build, adaptions, extensions and refurbishments to existing schools, in the London Borough of Hillingdon.
The establishment of a framework will enable multiple Mini-competitions for Works contracts, as the requirements emerge.
The specific Construction Projects that maybe procured under this framework agreement cannot be defined at this stage.
II.1.6)Common procurement vocabulary (CPV)

45214200, 45214210, 45214220, 45214230

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:

Establishment of a framework to enable multiple Mini-competitions for Works contracts, as the requirements emerge. The framework is to facilitate competition for (a) the current Works contracts programme of 10-15 schools (as a mix of new build and building refurbishments), with construction commissioned and completed largely by September 2014 and (b) the framework maybe used for other schools build and/or expansions over the next few years as the result of demographic changes in the Borough. The intention of the Council is to bundle the construction projects wherever appropriate.
Estimated value excluding VAT:
Range: between 1 and 200 000 000 GBP
II.2.2)Information about options

Options: no
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: 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:

Information and formalities necessary for evaluating if the requirements are met:
(1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent;
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process;
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession;
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of gross misconduct in the course of their business or profession;
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register;
(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process;
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation;
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have 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 candidate is established;
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have 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 economic operator is established.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Information and formalities necessary for evaluating if the requirements are met:
(1) All candidates will be required to provide a reference from their bank;
(2) All candidates will be required to provide evidence of relevant professional risks indemnity insurances;
(3) All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice;
(4) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Information and formalities necessary for evaluating if the requirements are met:
(1) A statement of the candidates average annual number of support, operational and managerial staff;
(2) Details of the educational and professional qualifications and experience of their key managerial staff and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract;
(3) Where appropriate, all candidates will be required to provide certification drawn up by an independent body attesting the compliance of the economic operator with quality assurance standards based on the relevant European standards. QA management procedures will be requested for submission;
(4) A check may be carried out by the contracting authority or by a competent official body of the State in which the candidate is established, to verify the technical capacity of the candidate; and if relevant, on the candidates research and development facilities and quality control measures;
(5) A statement of the candidates technical facilities; measures for ensuring quality; and their research and development facilities;
(6) An indication of the proportion of the contract which the services provider intends to sub-contract;
(7) A statement of the technicians or technical services available to the candidate to carry out the work under the contract; or be involved in the production of goods or the provision of services under the contract; particularly those responsible for quality control, whether or not they are independent of the candidate;
(8) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract;
(9) A sample of works carried out over the past 5 years, detailing the value of the consideration received; when and where the work or works were carried out; and whether they were carried out according to the rules of the trade or profession and properly completed.
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: The Authority will apply all the offences listed in Article 45(1) of Directive 2004/18/EC (implemented as Regulation 23(1) of the Public Contract Regulations (PCR) 2006 in the UK) and all of the professional misconducts listed at Article 45(2) of Directive 2004/18/EC (see also Regulation 23(2) in the PCR 2006) to the decision of whether a Candidate is eligible to be invited to tender.
A full list of the Regulation 23(1) and 23(2) criteria are at http://www.procure4london.com/delta/project/reasonsForExclusion.html#pcr.

Candidates will be required to answer these questions as part of the qualification process. For candidates who are registered overseas, you will need to declare if you have any offences/misconduct under your own countries laws, where these laws are equivalent to the Regulation 23 lists.
Candidates who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Candidates who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Authority.
Organisations will need to evidence references of at minimum 10no. with (1) a preferred 3no examples of new-build of circa £3-5m in a similar Works Construction Project plus (2) a preferred 3no. examples of Adjoining and Isolated Extensions existing schools plus (3) a preferred 2no. examples of Alterations and Adaptations to existing schools.
Where Hillingdon has been a previous Customer, the organisation needs to provide evidence of references.
In all references provided, these should be simplified to 1-page A4 and include the Employer contact name and details, the Contract Works value and duration and contract-type, the variance from contract award to final account with substantive reasons, a paragraph summary of notifiable defects and contractors approach to effectively close-out, and any instances of Health and Safety RIDDOR.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (a) Appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance
(b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established
(c) A statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available
The Council will establish a primary credit-assessment in accordance with its Supplier Risk Management Protocols. By example, Hillingdon retain the right to reject a Supplier if it is “high” or “higher-than average” Risk (using the DNBI system).
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(a) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services provided in the past three years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given: – where the recipient was a contracting authority, in the form of certificates issued or countersigned by the competent authority, – where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator;
(c) an indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(e) Where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capacities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) The educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) For public works contracts and public services contracts, and only in appropriate cases, an indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) A statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last 3 years;
(j) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
Contractors will need to evidence how they have established and controlled.
(1) the appointment of and use of sub-contractors and visitors to Schools locations, during previous Works, especially detailing adequacy of checks such as Criminal Records Bureau (CRB) in addition to other means of personnel assessments.
(2) instances of Health and Safety.
Minimum level(s) of standards possibly required:
Contractors whose response evidences or subsequently evidences inadequacy of checks.
(1) such as Criminal Records Bureau (CRB) in addition to other means of personnel assessments (example greater than 3 instances in the past 3 years or any convicted incidence in the past 10 years) or,
(2) evidences poor health and safety (example greater than 3 instances in the past 3 years or any convicted incidence in the past 10 years).
Will prevent further assessment of the organisation progressing further in this process.
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

Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
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

Time limit for receipt of requests for documents or for accessing documents: 4.1.2013 – 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

7.1.2013 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
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

Duration in months: 6 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening 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 read through this set of instructions and follow the process to respond to this opportunity.
The information and/or documents for this opportunity are available on procure4london.com.
You must register on this site to respond, if you are already registered you will not need to register again, simply use your existing username and password. Please note there is a password reminder link on the homepage.
Suppliers must log in, go to your Response Manager and add the following Access Code: 29HB5FM3PD.
Please ensure you follow any instruction provided to you here.
The deadline for submitting your response(s) is 4.1.2013. Please ensure that you allow yourself plenty of time when responding to this opportunity prior to the closing date and time, especially if you have been asked to upload documents.
If you experience any technical difficulties please contact the Procure4london Helpdesk on call +44 8452707098 or email helpdesk@procure4london.com. GO Reference: GO-20121121-PRO-4402051.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

London Borough of Hillingdon
Civic Centre (3S/05), High Street
UB8 1UW Uxbridge
UNITED KINGDOM
Telephone: +44 1895558255

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:21.11.2012