Framework for MEICA Works and Services – Thames Tideway Tunnel Project

Framework for MEICA Works and Services – Thames Tideway Tunnel Project

The MEICA Works and Services will be undertaken in London, UK across circa 24 sites from Acton in the West to Abbey Mills in the East, along and underneath the River Thames and connecting with the Lee Tunnel (currently under construction).

United Kingdom-London: Construction work for water and sewage pipelines

2013/S 172-298143

Contract notice – utilities

Works

Directive 2004/17/EC

Section I: Contracting entity

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

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

Internet address(es):

General address of the contracting entity: www.thamestidewaytunnel.co.uk

Address of the buyer profile: https://thamestidewaytunnel.bravosolution.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 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)Main activity

Water
I.3)Contract award on behalf of other contracting entities

The contracting entity is purchasing on behalf of other contracting entities: yes

Thames Water Utilities Limited
Clearwater Court, Vastern Road
RG1 8DB Reading
UNITED KINGDOM

the IP, Cat 1 Main Works and Cat 3 Contractors are not yet available for the reasons set out in VI.3(2), but until further notice the Contracting Entity and the Contracting Bodies are as described in VI.3) (Additional information) above and as described in the PQP
See Address in Section l.1
London
UNITED KINGDOM

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting entity:

C420 – Framework Agreement for MEICA Works and Services, Thames Tideway Tunnel Project.
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: 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 the establishment of a framework agreement
II.1.4)Information on framework agreement

Framework agreement with a single operator
Duration of the framework agreement

Duration in years: 10
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT
Range: between 50 000 000 and 70 000 000 GBP
Frequency and value of the contracts to be awarded: Applicants are referred to section V1.3 (Additional Information) below for further information regarding frequency and value of Call-Off Contracts that may be awarded pursuant to the Framework Agreement.

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

This contract notice relates to the provision of works and services for mechanical, electrical, instrumentation, controls and automation (MEICA Works and Services) for the Thames Tideway Tunnel Project (the Project).
The MEICA Works and Services will be undertaken in London, UK across circa 24 sites from Acton in the West to Abbey Mills in the East, along and underneath the River Thames and connecting with the Lee Tunnel (currently under construction).
The London Tideways Improvements (of which the Thames Tideway Tunnel and the Lee Tunnel form a part) will modernise London’s sewerage system, delivering environmental and economic benefits to the UK’s capital for generations. The Thames Tideway Tunnel is a major new sewer to be designed and constructed to help manage the problem of untreated sewage overflowing from the capital’s sewers via combined sewer overflows (CSOs) and is intended (once constructed) to enable the UK to meet the requirements of the Urban Waste Water Treatment Directive when operated in conjunction with the Lee Tunnel.
The Project comprises:
— wastewater sewers and tunnels;
— design, construction, commissioning, operation, financing and maintenance of the main tunnel and connection tunnels;
— CSO drop shafts, short connection tunnels and associated development to intercept flows and divert them in to the main tunnel or connection tunnels;
— works to modify Thames Water’s existing pumping stations and sewers;
— associated development to facilitate construction of the tunnels and shafts; and
— such other works and/or services as are necessary to deliver Thames Tideway Tunnel Project as more fully described in the Invitation to Tender (ITT) including any variations to the Project Specification agreed from time to time with Ofwat and/or the Secretary of State and/or Thames Water Utilities Limited.
The Contracting Entity wishes to award a single operator Framework Agreement to a suitably experienced economic operator. The Framework Agreement is intended to be used by the Contracting Entity and other bodies and contractors referred to in this Contract Notice to call off MEICA Works and Services. See section VI.3 (Additional Information) below that describes the Contracting Bodies who will be entitled to use the Framework Agreement and make call offs from the Framework Agreement.
The MEICA Works and Services that may be called off pursuant to the Framework Agreement and the terms of the Call-Off Contracts are further described in the PQP but are envisaged to include:
— MEICA Works and Services called off by each of the Cat 1 Main Works Contractor(s);
— MEICA Works and Services called off by Cat 3 Contractors;
— MEICA commissioning management services called off by the IP and/or any other bodies included in the definition of “Contracting Entity”; and
— MEICA maintenance services which may be called off by the IP and/or any other bodies included in the definition of “Contracting Entity” post completion of the whole of the Cat 1 Main Works (or earlier as described in the PQP).
Interested organisations should refer to II.2 (Quantity or scope) and VI.3 (Additional information) and to the PQP for further information on the description of the Framework Agreement, Call-Off Contracts and the scope and estimated value of the MEICA Works and Services.
II.1.6)Common procurement vocabulary (CPV)

45231300, 45350000, 45351000, 50710000, 50800000, 71333000, 71340000, 45310000, 45311000, 45315100, 45317100, 45317400, 71321000, 71322000, 71322200, 42961200, 71600000, 71632000, 51100000

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

The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Information about 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 scope of the MEICA Works and Services to be carried out pursuant to the Framework Agreement and the Call-Off Contracts is described in Appendix G to the PQP and will be further described in the ITT. The estimated value of the Framework Agreement is given at section II.1.4 (Information on framework agreement) above. Applicants are also referred to section V1.3 (Additional Information) below.
Estimated value excluding VAT
Range: between 50 000 000 and 70 000 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: Please refer to sections II.2.1 (Total quantity or scope) and VI.3 (Additional Information) of this contract notice for a description of the Contracting Entity’s options, including the Contracting Entity’s option to extend the Framework Agreement.
II.2.3)Information about renewals

This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion

Starting 18.7.2014 Completion 17.7.2024

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:

The Contracting Entity reserves the right to require guarantees, bonds, collateral warranties (including the grant of step-in rights) and other forms of security as appropriate to be discussed at ITT stage. Further details and requirements will be provided in the ITT.
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 will be described in the ITT but it is expected that payment will be in accordance with the provisions of the forms of Call-Off Contracts referred to in the PQP as the same may be amended by the Contracting Entity. Further details will be provided in the ITT.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Contracting Entity will accept expressions of interest and tenders from single entities or Consortia. The Contracting Entity does not require Consortia to form a single legal entity at the PQQ stage. The Contracting Entity 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 MEICA Contractor, assumption of liability and the terms of any parent company guarantees (PCG) will be a matter for further discussion at ITT stage and the Contracting Entity’s detailed requirements and evaluation methodology in this regard will be set out in the ITT. Applicants must provide full details of their proposed contracting structures with their completed PQ Applications. 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: Requirements will be set out in the ITT.
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 for pre-qualification for the Framework Agreement via the buyer profile https://thamestidewaytunnel.bravosolution.co.uk. Following registration, interested organisations will be able to download a Pre-Qualification Pack which will include a Pre-Qualification Questionnaire and guidance notes. Instructions and further details are set out in detail in the PQP and PQQ. The PQP and PQQ reflect Regulations 23 to 29 of the UK Utilities Contracts Regulations 2006 (as amended).

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 and PQQ which can be obtained at the web address of the buyer profile detailed in Section I.1 (Name, addresses and contact point(s)). The PQP and PQQ reflect Regulations 23 to 29 of the UK Utilities Contracts Regulations 2006 (as amended).
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 and PQQ which can be obtained at the web address of the buyer profile detailed in Section I.1 (Name, addresses and contact point(s)). The PQP and PQQ reflect Regulations 23 to 29 of the UK Utilities Contracts Regulations 2006 (as amended).
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

Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures): no
IV.2)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate
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 entity:

C420
IV.3.2)Previous publication(s) concerning the same contract

Periodic indicative notice

Notice number in the OJEU: 2012/S 213-352570 of 6.11.2012

Other previous publications

Notice number in the OJEU: 2013/S 415-252648 of 24.7.2013

IV.3.3)Conditions for obtaining specifications and additional documents

Time limit for receipt of requests for documents or for accessing documents: 4.10.2013 – 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

7.10.2013 – 12:00
IV.3.5)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.6)Minimum time frame during which the tenderer must maintain the tender
IV.3.7)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:

Additional Information relating to information provided in this contract notice:
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 from the TTT e-Sourcing portal at https:// thamestidewaytunnel.bravosolution.co.uk. All additional information relating to information provided in this contract notice is available in the PQP.

2. I.1) (Contracting Entity) and I.3) (contract award on behalf of others) – This contract notice is published by Thames Water Utilities Limited on behalf of itself and others as described in this contract notice and in the PQP. Thames Water Utilities Limited is commencing the procurement. The Framework Agreement may be let by (and references in this contract notice and in the PQP to the utility and Contracting Entity shall include) an infrastructure provider (IP) and/or Thames Water Utilities Limited and/or a group company, subsidiary, parent company or affiliate of Thames Water Utilities Limited and/or a central government department or agency (who may undertake the Project) and/or any statutory or non-statutory corporation incorporated for the purposes of the Project or part(s) of it subject to the conclusion of definitive and legally binding agreement(s). An IP means any body designated by the Secretary of State for the Environment, Food and Rural Affairs or by Ofwat (the Water Services Regulation Authority) (as the case may be) in respect of the Project or part(s) of the Project under or by virtue of Section36D of the Water Industry Act 1991 (as inserted by Section 35 of the Flood and Water Management Act 2010) or any successor under a special administration order or otherwise and pursuant to the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (SI 2013/ 1582). Applicants are referred to the PQP for further information on the IP and contract letting strategy. The Contracting Entity is procuring the Framework Agreement for the benefit of Thames Water Utilities Limited and other Contracting Bodies listed below. The Contracting Bodies will be entitled to use the Framework Agreement and enter into Call-Off Contracts. The Contracting Bodies are:
— Thames Water Utilities Limited and/or a group company, subsidiary, parent company or affiliate of Thames Water Utilities Limited;
— The IP and/or a central government department or agency (who may undertake the Project) and/or any statutory or non-statutory corporation incorporated for the purposes of the Project or part(s) of it;
— Cat 1 Main Works Contractor(s); and
— Cat 3 Contractor(s).
Further details of the Contracting Bodies are given in Annex A below.
3. II.1.4 (Information on framework agreement) – The duration of the Framework Agreement is 10 (ten) years with a right to extend (see 6 below). The scope of the MEICA Works and Services to be carried out pursuant to the Framework Agreement and the Call-Off Contracts is described in Appendix G to the PQP and will be further described in the ITT. Applicants should note however that:
— the value ranges stated in section II.1.4 and elsewhere in this contract notice are estimated values for the Framework Agreement as at the date of this contract notice. The range is indicative and intended only for guidance at this stage. The actual value of the Framework Agreement and any Call-Off Contracts may be higher or lower and will ultimately be determined by the proposals submitted by the successful Tenderer for the Framework Agreement and how the Contracting Bodies use the Framework Agreement;
— Thames Water (and/or any of the other bodies included in the definition of “Contracting Entity”) do not guarantee or warrant the value of the Framework Agreement or the value of any Call-Off Contracts;
— the Contracting Entity reserves the right to vary the scope of the MEICA Framework Agreement (for example but not limited to) to make changes to reflect (i) matters under, arising from or in connection with DCO; and/or (ii) matters arising from or in connection with the Cat 1 Main Works procurement;
— within the overall scope for MEICA Works and Services relating to the Project, the Contracting Entity reserves the right to vary the split of MEICA Works and Services described in Part 1 of PQP Appendix G between Call-Off Contracts, to award further Call-Off Contracts and/or to move MEICA Works and Services between Call-Off Contracts awarded or to be awarded by the different Contracting Bodies (for the avoidance of doubt this includes the right for the relevant Contracting Body (or Bodies) to make separate and distinct Call-Off Contracts for parts of the MEICA Works and Services only. For example (but not limited to) calling off MEICA design services and subsequently calling off a distinct Call-Off Contract for the MEICA works (or part thereof));
— the Contracting Entity (or any other body included in the definition of “Contracting Entity”) may decide not to call off the maintenance services and the Contracting Entity reserves the right to put in place other arrangements for the maintenance services; and
— Thames Water (and/or any of the other bodies included in the definition of “Contracting Entity”) do not guarantee or warrant the use of the Framework Agreement by other Contracting Bodies nor will Thames Water (and/or any of the other bodies included in the definition of “Contracting Entity”) be responsible or accountable for and shall have no liability whatsoever in relation to the conduct of other Contracting Bodies in relation to the Framework Agreement or the performance or non-performance of any Call-Off Contracts between the MEICA Contractor and other Contracting Bodies entered into pursuant to the Framework Agreement.
4. II.1.9) (Information about variants) – The Contracting Entity reserves the right to accept variants at the ITT stage provided a Tenderer has also submitted a compliant Tender. Further information and minimum requirements in relation to any variants and how variants will be evaluated will be set out in the ITT.
5. II.2.2) (Information about options) – The Contracting Entity intends to award the Framework Agreement including the scope described in this contract notice and in the PQP. The Contracting Entity’s client options in relation to technical and commercial issues and how those options will be evaluated will be described in the ITT.
6. II.3) (Duration of the contract or time limit for completion) – The duration of the Framework Agreement, time limit for completion and procurement timetable are described in detail in the PQP. The Contracting Entity 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 Framework Agreement is ten (10) years although the Contracting Entity reserves the right to extend in exceptional circumstances by a period equivalent to any delay to the Cat 1 Main Works or other unforeseen circumstances that may arise.
7. III.1) The Cat 1 Main Works Contract(s) will utilise the NEC3 Option C Contract (Target Cost) form of contract as amended by the Contracting Entity. The Call-Off Contract(s) will utilise NEC3 forms of contract as described in the PQP. Further details on the form of the Framework Agreement, Call-Off Contracts and contracting approach will be provided in the ITT.
8. IV.2.1) (Award criteria) – The Contracting Entity intends to let the Framework Agreement to the most economically advantageous tender. Details of the Contracting Entity’s award criteria and methodology for identifying the most economically advantageous tender for the Framework Agreement is described in the PQP and will be provided in detail in the ITT.
9. IV.3.3 and IV.3.4) (Expressing an interest) – All interested organisations must complete and return a PQQ in the form made available by the Contracting Entity. The PQP and accompanying documentation are available on request from https://thamestidewaytunnel.bravosolution.co.uk from the date of dispatch of this contract notice to 4 October 2013. To express an interest in the Framework Agreement, completed PQQs must be returned via the TTT e-Sourcing portal by the deadline of 7.10.2013. For further assistance on use of the TTT e-Sourcing portal, interested organisations may contact the Bravo Solution helpdesk which is available Monday to Friday (8:00 AM to 6:00PM) BST on email – help@bravosolution.co.uk or telephone +44 8003684850.

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 Entity reserves the right in its absolute discretion to abandon, terminate or suspend the award process at any time. Further:
— the Contracting Entity does not bind itself to enter into the Framework Agreement or to award Call-Off Contracts arising out of the procedures envisaged by this contract notice;
— no contractual rights express or implied arise out of this contract notice or the procedures envisaged by it; and
— the Contracting Entity reserves the right to vary its requirements and the procedure relating to the conduct of the award process.
11. Bid costs – Thames Water Utilities Limited or any other Contracting Entity 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.
12. Industry Day and further information – The Contracting Entity held an industry day on 20.8.2013 for the Cat 1 Main Works procurement to share information about the Project. An extract recording of the event and the materials presented will be made available on the Project website during September 2013 at http://www.thamestidewaytunnel.co.uk

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

The 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 33 and 33A of the UK Utilities Contracts Regulations 2006 (as amended by the Utilities Contracts (Amendment) Regulations 2009 and the Public Procurement (Miscellaneous Amendments) Regulations 2011)), the Contracting Entity will incorporate a minimum 10 calendar day standstill period before awarding the Framework Agreement from the point information on the award of the Framework Agreement is communicated to Tenderers. Any request for further information by Tenderers pursuant to Regulation 33(9) must be made in writing to the address set out in section I.1 above. The Utilities Contracts Regulations 2006 (as amended) provide remedies for economic operators who, in consequence of a breach of the Regulations, 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:3.9.2013