Highways Maintenance Tender

Highways Maintenance Management and Public Realm Projects Contract and Framework Agreement (part of the highways and transportation service re-let procurement – “Contract A”).

UK-London: Repair, maintenance and associated services related to roads and other equipment

2013/S 085-144255

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

City of Westminster
64 Victoria Street
For the attention of: Dawn Donaldson
SW1E 6QP London
UNITED KINGDOM
Telephone: +44 2076413813
E-mail: ddonaldson@westminster.gov.uk

Internet address(es):

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

Electronic access to information: http://esourcing.bravosolution.co.uk

Electronic submission of tenders and requests to participate: http://esourcing.bravosolution.co.uk

Further information can be obtained from: Bravo Solutions
Bravo Solutions, 85 London Wall
London
UNITED KINGDOM
Internet address: https://esourcing.bravosolution.co.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Bravo Solutions
85 London Wall
London
UNITED KINGDOM
Internet address: https://esourcing.bravosolution.co.uk

Tenders or requests to participate must be sent to: Bravo Solutions
85 London Wall
London
UNITED KINGDOM
Internet address: https://esourcing.bravosolution.co.uk

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: yes

The Royal Parks
The Old Police House, Hyde Park
W2 2UH London
UNITED KINGDOM

The Royal Borough of Kensington & Chelsea
The Town Hall, Hornton Street
W8 7NX London
UNITED KINGDOM

The London Borough of Hammersmith & Fulham
Town Hall, King Street, Hammersmith
W6 9JU London
UNITED KINGDOM

CityWest Homes Limited
21 Grosvenor Place
SW1X 7EA London
UNITED KINGDOM

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Highways Maintenance Management and Public Realm Projects Contract and Framework Agreement (part of the highways and transportation service re-let procurement – “Contract A”)

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 1: Maintenance and repair services
NUTS code UKI

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)

Repair, maintenance and associated services related to roads and other equipment. Highways consultancy services. Highways engineering services. Highway maintenance work. Verge maintenance work. Landscaping work for green areas. Footpath construction work. Engineering design services for traffic installations. Design consultancy services. Westminster City Council (the “Contracting Authority”) is procuring for itself a public contract (the “Contract”), with a linked framework agreement attached as an additional but secondary and separate component (“Framework Agreement”).
The Contracting Authority is a highway authority (with duties as defined in the Highways Act 1980) and is responsible for the majority of the highways (approximately 206 miles of carriageway) within the City of Westminster in London.
This procurement is one of six contemporaneous separate procurements by the Contracting Authority in respect of highways maintenance and transportation related services and / or works. Interested economic operators
should refer to VI.3) for more information.
The work set out in this notice has been categorised as services under Service Category 1, but economic operators will note that the Contract and Framework Agreement contain elements of works. For the absence of doubt, any reference to “services” in relation to this Contract and / or Framework Agreement shall incorporate “works” and be read as “services and / or works”.
The Contracting Authority invites expressions of interest from economic operators as set out in this notice to provide these services under this Contract and any Framework Agreement.
Contract
It is anticipated that services delivered under the Contract will commence in 4.2014.
The work under this Contract comprises the provision of an integrated service comprising of but not limited to:
– Maintenance management and improvement of the Contracting Authority’s carriageways, footways and associated highways assets including routine and reactive maintenance;
– Regulatory functions for the management of the highways network in Westminster including supporting the winter service plan, weather and other emergencies;
– Design development and delivery of a wide range of highway, transportation and other Streetscape and Public
Realm improvements;
– Professional services required to carry out the provision of this Contract, to include surveys and technical
advice;
– Customer service functions that relate to the provision of highways services required under this Contract;
– Administrative functions required to carry out the provision of highways services under this Contract;
– To provide, support and maintain systems used by both supplier and client to support the delivery of services as required.
The Provider for Highways Maintenance Management and Public Realm Projects will be required to use the services of other contracts procured in respect of highways maintenance and transportation related services and/or works. These are Public Lighting Maintenance Management, Electrical and Mechanical Services, Bridges and Structures Maintenance Management and Improvements and Traffic Management Order Service for any
projects undertaken.
The work will primarily be on the public highway, however, there will also be a requirement to carry out work on non-public highway and other locations.
The details above are not exhaustive and consideration may be given both during the procurement process and the Contract term to the inclusion of additional services or options for additional services which will assist in delivering the services and principal outputs listed above. If during the term of the Contract, this would be carried out in accordance with the variation mechanisms in the Contract.
All of these services provided under this Contract support the “Better City, Better Lives” objective in delivering a well-managed and high quality streetscape. Information on “Better City, Better Lives” can be found on the
Contracting Authority’s website www.westminster.gov.uk.

Framework Agreement Linked To The Contract
The Contracting Authority wishes to enable other bodies as indicated in Annex A of this OJEU contract notice (the “Participating Bodies”) to benefit from this procurement by procuring services through the attached
Framework Agreement.
As such, the Contracting Authority is acting as a central purchasing body through which the Participating Bodies may wish to procure substantially similar services to those included in the Contract under the
EN Standard form 02 – Contract notice 5 / 19 separate Framework Agreement (but without any obligation on the Participating Bodies to use the Framework Agreement). For the absence of doubt, it is the intention that the Participating Bodies should be able to rely on this procurement to purchase such services under the Framework Agreement without the need for any further procurement process.
The Framework Agreement would be for four years with the same single supplier who is awarded the Contract.
Please refer to the pre-qualification questionnaire document for the definition of a single supplier.
However, the duration of an individual call-off contract under the Framework Agreement will not necessarily be limited to four years but would be governed by the subject matter of the call-off contract concerned and the preferences of the individual Participating Bodies. It is presently intended that, as befits the subject matter of the call-off contract given the nature of the services, and with full regard to the obligations of the Participating Bodies under the Public Contracts Regulations 2006 (as amended), that any call-off contracts would be up to 12 years in duration, but economic operators should also be aware that the Participating Bodies may call off work under shorter contracts or on an ad hoc basis instead of for a specific single contract term. Further details
of these arrangements will appear in the tender documentation.
CityWest Homes Limited and any other Participating Body that has housing functions shall be entitled to seek quotations from the successful contactor under the Framework Agreement where the proposed call-off work in question is subject to tenant consultation requirements under section 20 of the Landlord and Tenant Act 1985 (such as housing estate roads maintenance); any such quotation may be in competition with other quotations received from, for example, tenant-nominated contractors.
The Contracting Authority envisages that the Framework Agreement would be entered into at the same time as the Contract (i.e. around 4.2014), although the timing of any call-offs under the Framework Agreement will be a matter to be decided between the relevant Participating Body and the supplier.
No guarantee or warranty is given as to the nature or volume, if any, of the services or the number of call-offs, if any, under the Framework Agreement.
Economic operators shall also note that the provisions of the Framework Agreement will entitle the Participating Bodies to enter into call-off contracts in relation to part or parts of the services (rather than all of them) and therefore the final specifications of the call-off contracts may differ from the final specification of the Contract.

II.1.6)Common procurement vocabulary (CPV)

50230000, 71311210, 71311220, 45233139, 45233229, 45112710, 45233161, 71322500, 79415200

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:

It is anticipated that the duration of the Contract will be 8 years but with the ability by the Contracting Authority to extend by one or more periods up to a further 4 years. This gives total possible duration of 12 years or 144 months.
The Contracting Authority estimates the total Contract value (ie the value of its Contract alone) to be between 240 000 000 GBP and 360 000 000 GBP. Inevitably, the total value of works/services called off from the Framework element by Participating Bodies is more difficult to predict, given that they are not obliged to call-off any work under the Framework Agreement. Nevertheless, the Contracting Authority’s best estimate at the time of publication of this value is in the range of 0 GBP and 68 150 000 GBP. The Contracting Authority has therefore identified the estimated range below within which the total value will fall by aggregating these two sets of upper and lower values.
Estimated value excluding VAT:
Range: between 240 000 000 and 428 150 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: It is anticipated that the duration of the Contract will be 8 years but with the ability to extend by one or more periods up to a further 4 years. This gives total possible duration of 12 years or 144 months.
Any other options that economic operators may be invited to take into account in their tenders will be set out in the tender documentation.

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: 144 (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:

Parent company guarantees, deposits, bonds or other forms of appropriate security may be required for the Contract and any Framework Agreement. Further details will be included in the tender documents.

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

Further details will be included in the tender documents.

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 will require the Contract and any Framework Agreement to be with a legal entity.
It reserves the right to require groupings of contractors to take a particular legal form or to require a single contractor to take primary liability. Members of any consortium shall be jointly and severally liable.

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: As set out in the Pre-Qualification Questionnaire.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: As set out in the Pre-Qualification Questionnaire.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
As set out in the Pre-Qualification Questionnaire.

III.2.4)Information about reserved contracts

III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

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 ale5: and maximum number 7
Objective criteria for choosing the limited number of candidates: As set out in the Pre-Qualification Questionnaire.

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

Prior information notice

Notice number in the OJEU: 2013/S 73-121978 of 13.4.2013

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

3.6.2013 – 17:00

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

27.6.2013

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

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

As set out in section II.1.5 of this OJEU notice, six procurements together constitute the Contracting Authority’s re-procurement of its highways and transportation services and / or works, and these are currently provided across four contracts due to expire on or around 31.3.2014.
These 6 standalone procurements (including the present), for which the contract notices have been published on or around the same date, are:
A. Highways Maintenance Management and Public Realm Projects;
B. Public Lighting Maintenance Management, Electrical and Mechanical Services;
C. Bridges and Structures Maintenance Management and Improvements;
D. Gully Service;
E. Traffic Management Order Service; and
F. Compliance and Audit Service.
Each of the aforementioned contract notices relates to a procurement that is structured in a similar fashion to this procurement, namely, a public contract with a secondary element of a framework agreement for the other Participating Bodies.
It is intended that these procurement processes be conducted along similar lines and to similar timescales, but there will be some material differences between them. This notice and the arrangements therein for expressing an interest are therefore in relation to this Contract and Framework Agreement only. Organisations interested in the other five procurements are advised to consult the relevant contract notices for full details of the service and / or works included in the other procurements and how to participate.
For the avoidance of doubt, each of the 6 contracts (with their attendant framework agreements), including this Contract and Framework Agreement, are / will be the subject of their own separate OJEU procurement.
Economic operators shall also note that any economic operator participating in the procurements for the procurements indicated as “A” to “E” in the list above shall not be entitled to bid for the procurement at “F” in the list above (the “Compliance and Audit Service” procurement).
The Contracting Authority intends to use the Bravo Solutions e-tendering system to run this procurement from the pre-qualification stage onwards. In order to express an interest, economic operators will be required to complete and submit an on-line pre-qualification questionnaire which may be accessed at https://esourcing.bravosolution.co.uk (Reference Project_3). For technical help in accessing this facility, please contact +44 8003684850 (or +44 203 349 6601 from outside the UK) or help@bravosolution.co.uk. In addition, in the event the economic operator wishes to raise any queries in relation to the procurement and/or the prequalification questionnaire, this shall be done using the Bravo tender portal (details in Annex A). Economic

Operators are requested not to use the contact details at I.1 of this notice for this purpose.
The Contracting Authority believes that it is possible that the Transfer of Undertakings (Protection of Employment) may apply in respect of an award of the Contract or potentially any call-off contracts under the Framework Agreement but economic operators are required to form their own view on whether this is the case, and subsequent implications. Further details will appear in the tender documentation.
EN Standard form 02 – Contract notice 13 / 19
Please note that in the event of re-structuring within local government, this procurement and / or the Contract and any Framework Agreement if awarded will pass to successor authorities to the Contracting Authority or the Participating Bodies as relevant and appropriate.
The Contracting Authority reserves the right to award only the Contract and not to award any Framework Agreement, or alternatively for the Contract and any Framework Agreement to commence on different dates.
The Contracting Authority further reserves the right to abandon this procurement process at any stage following the publication of this notice and/or not to award any Contract. The Contracting Authority also reserves the right to award a Contract or contracts in respect of part of the services only. GO Reference: GO-2013426-PRO-4763375,

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

High Court
Royal Courts of Justice, Strand
WC2A 2LL London
UNITED KINGDOM

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the Contract is communicated to tenderers. Applicants who are unsuccessful shall be informed by the Contracting Authority as soon as possible after the decision has been made as to the reasons why the applicant was unsuccessful. If an appeal regarding the award of the Contract has not been successfully resolved, the Public Contracts Regulations 2006 (SI 2006 No.5) provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take legal action. Any such action must be brought within the applicable limitation period. Where a contract has not been entered into, the court may order the setting aside of the award decision or order the Contracting Authority to amend any document and may award damages. If the contract has been entered into the court may, depending on the circumstances, award damages, make a declaration of ineffectiveness, order the Contracting Authority to pay a fine, and/or order that the duration of the contract be shortened. The purpose of the standstill period referred to above is to allow the parties to apply to the courts to set aside the award decision before the contract is entered into.

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

VI.5)Date of dispatch of this notice:26.4.2013