Midlands Highway Alliance Medium Schemes Framework 2 (MSF2)

Typical schemes may involve, but not exclusively,highway improvements, highway maintenance, highway infrastructure works (including bridges, subways, culverts and retaining walls), public realm works (town centre enhancements), drainage improvements, canal works and other infrastructure work.

UK-Leicester: Engineering works and construction works

2013/S 121-206541

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Leicestershire County Council
County Hall, Leicester Road, Glenfield
For the attention of: Peter Barclay
LE3 8RJ Leicester
UNITED KINGDOM
E-mail: msf2@leics.gov.uk

Internet address(es):

General address of the contracting authority: www.leics.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

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

Derby City Council
The Council House, Corporation Street
DE1 2FS Derby
UNITED KINGDOM

Derbyshire County Council
County Hall, Matlock
DE4 3AG Matlock
UNITED KINGDOM

Doncaster Metropolitan Borough Council
Civic Office, Waterdale
DN1 3BU Doncaster
UNITED KINGDOM

Leicester City Council
New Walk Centre, Welford Place
LE1 6ZG Leicester
UNITED KINGDOM

Lincolnshire County Council
Freepost, DC867
LN1 1BR Lincoln
UNITED KINGDOM

Milton Keynes Council
Civic Offices, 1 Saxon Gate East
MK9 3EJ Milton Keynes
UNITED KINGDOM

Northamptonshire County Council
John Dryden House, 8-10 The Lakes
NN4 7YD Northampton
UNITED KINGDOM

Nottingham City Council
Loxley House, Station Street
NG2 3NG Nottingham
UNITED KINGDOM

Nottinghamshire County Council
County Hall, West Bridgford
NG2 7QP Nottingham
UNITED KINGDOM

Peterborough City Council
Bayard Place, Broadway
PE1 1FZ Peterborough
UNITED KINGDOM

Rotherham Metropolitan Borough Council
Riverside House, Main Street
S60 1AE Rotherham
UNITED KINGDOM

Rutland County Council
Catmose
LE15 6HP Oakham
UNITED KINGDOM

Staffordshire County Council
Number 1 Staffordshire Place
ST16 2LP Stafford
UNITED KINGDOM

Stoke-on-Trent City Council
Civic Centre, Glebe Street
ST4 1HH Stoke-on-Trent
UNITED KINGDOM

South Derbyshire District Council
Civic Offices, Civic Way
DE11 0AH Swadlincote
UNITED KINGDOM

Telford & Wrekin Council
Addenbrooke House, Ironmasters Way
TF3 4NT Telford
UNITED KINGDOM

Wolverhampton City Council
Civic Centre, St. Peter’s Square
WV1 1SH Wolverhampton
UNITED KINGDOM

Section II: Object of the contract

II.1)Description

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

Midlands Highway Alliance Medium Schemes Framework 2 (MSF2).

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
Main site or location of works, place of delivery or of performance: The geographical Midlands area of England.
NUTS code UKF,UKG

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: 8
Duration of the framework agreement

Duration in years: 4
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 86 500 000 and 261 000 000 GBP

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

The scope of the Midlands Highway Alliance Medium Schemes Framework 2 (MSF2), hereinafter referred to as the Framework Agreement, is for the execution of highway, civil and municipal engineering. Typical schemes may involve, but not exclusively,highway improvements, highway maintenance, highway infrastructure works (including bridges, subways, culverts and retaining walls), public realm works (town centre enhamcements), drainage improvements, canal works and other infrastructure works such as waste management facilities. Project values will be set in two lots. Lot 1 will be scheme values ranging from GBP 1 to GBP 5,000,000. Lot 2 will be scheme values ranging from £5,000,001 to GBP 25,000,000.

II.1.6)Common procurement vocabulary (CPV)

45220000, 45230000, 45110000, 45240000, 45316000, 50230000

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: yes
Tenders may be submitted for one or more lots

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:

The values given in this notice are estimates and, given the Framework Agreement basis of this procurement no value can be guaranteed – the actual value may be more or less than the ranges given in this notice. the minimum value given is based on known/expected works required by MHA members during the term of the Framework Agreement, adjusted to reflect the probability of these works occurring (given the current economic climate etc). The upper limit allows for all of these works to be undertaken as well as an uplift of 33 % to allow for additional jobs unknown at this time including those of any new members to the MHA during the Framework Agreement period.
Estimated value excluding VAT:
Range: between 86 500 000 and 261 000 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The Framework Agreement will be for an initial period of 3 years with an option to extend for a period totalling no more than a further 12 months subject to the contractors satisfactory performance and the economic circumstances at the time.

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 1.4.2014. Completion 31.3.2018

Information about lots

Lot No: 1 Lot title: Schemes value up to £5,000,000

1)Short description

For the execution of individual highway, civil and municipal engineering schemes up to the value of £5 million. Typical schemes may involve, but not exclusively, highway improvements, highway maintenance, highway infrastructure works (including bridges, subways, culverts and retaining walls), public realm works (town centre enhancements), drainage improvements, canal works and other infrastructure works such as waste management facilities.
The Contracting Authority is seeking to appoint 5 contractors under this Lot 1.

2)Common procurement vocabulary (CPV)

45220000, 45230000, 45110000, 45240000, 45316000, 50230000

3)Quantity or scope

Estimated value excluding VAT:
Range: between 34 500 000 and 70 000 000 GBP

4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

Lot No: 2 Lot title: Schemes value ranging from £5,000,001 to £25,000,000

1)Short description

For the execution of individual highway, civil and municipal engineering schemes with value ranges between £5 million to £25 million. Typical schemes may involve, but not exclusively, highway improvements, highway maintenance, highway infrastructure works (including bridges, subways, culverts and retaining walls), public realm works (town centre enhancements), drainage improvements, canal works and other infrastructure works such as waste management facilities.
The Contracting Authority is seeking to appoint 3 contractors under this Lot 2.

2)Common procurement vocabulary (CPV)

45220000, 45230000, 45110000, 45240000, 45316000, 50230000

3)Quantity or scope

Estimated value excluding VAT:
Range: between 52 000 000 and 191 000 000 GBP

4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

As stated in the Invitation to Tender documents.

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

Payments may be made following acceptance by the banking agents of the Contracting Authority.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

(i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the Framework Agreement.
(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 Framework Agreement can be awarded.
Companies must state in their 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 applicant must also confirm the names of all the contracting entities with the Contracting Authority should they be selected to tender.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Any PQQ or tender may be rejected from a company/organisation who, inter alia:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the Contracting Authority can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26 May 1997 and Article 3(1) of Council Joint Action 98/742/JHA respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering.
Please refer to Regulation 23 of the Public Procurement Regulations 2006 (SI No 5) for additional rejection criteria (see link)
http://www.opsi.gov.uk/si/si2006/20060005.htm

Under this Framework Agreement, the contractors and their supply chain will be required to actively participate in the achievement of social objectives related to participation in skills development, employment and training programmes within the locality of the Framework Agreement in accordance with the Contracting Authority’s employment and skills strategy and other added value contributions by the contractors and their supply chain in order to support community programmes promoted by the MHA members. Accordingly the Framework Agreement performance conditions may relate in particular to secondary considerations.

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: Please see III.1.4 above.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please refer to the Pre-Qualification Questionnaire (PQQ).
Minimum level(s) of standards possibly required: Please refer to the Pre-Qualification Questionnaire (PQQ).

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Please refer to the Pre-Qualification Questionnaire (PQQ).
Minimum level(s) of standards possibly required:
Please refer to the Pre-Qualification Questionnaire (PQQ).

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

Restricted

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

Envisaged number of operators: 16
Objective criteria for choosing the limited number of candidates: Organisational Commercial (inc. Legal and Contractual) Information: Pass/FailFinancial Information: Pass/FailPolicies & Contract Performance: Pass/FailTechnical Capabilities and References: 100 % For further details, please refer to the PQQ. Following assessment of the PQQ, 10 companies for lot 1 and 6 companies for lot 2 , selected as the highest scoring respondents based on the scoring regime and evaluation criteria set out in this Notice and in the PQQ, and who indicate that they intend to submit a tender will be invited to tender.

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:

MSF2

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: 26.7.2013 – 17:00
Payable documents: no

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

12.8.2013 – 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

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

Works will be undertaken in the geographical Midlands area of England within the administrative boundaries of the existing Midlands Highway Alliance (MHA) members (on behalf of the local authorities concerned or any other publicly funded body working in conjunction with the MHA members) or other such bodies located within or adjacent to the geographical Midlands area that become members of the MHA during the currency of this Framework Agreement.
For clarity, the existing local authority members are:
Leicestershire County Council; Derby City Council; Derbyshire County Council; Doncaster Metropolitan Borough Council; Leicester City Council; Lincolnshire County Council; Milton Keynes Council; Northamptonshire County Council; Nottingham City Council; Nottinghamshire County Council; Peterborough City Council; Rutland County Council; South Derbyshire District Council and Staffordshire County Council; Stoke City Council; Wolverhampton City Council and Telford and Wrekin.
This Framework Agreement will be principally an execution Framework Agreement but may have some small elements of design support for specialist areas of contractors’ works such as temporary support etc.
The Framework Agreement will be subject to a performance management process whereby the contractors’ ongoing performance will be assessed to establish any extensions of time and gain incentive calculations.

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: In accordance with Regulation 32 (Information about Contract Award Procedures) and Regulation 47 (Enforcement of Obligations) of the Public Contract Regulations 2006 The Contracting Authority will incorporate a minimum ten calendar days stand still period at the point when information on the award of the Framework Agreement is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Contracting Authority before the Framework Agreement is entered into. Applicants have two working days from the notification of the award decision to request additional debriefing. Such information has to be provided a minimum of three working days before the expiry of the standstill period.
If an appeal regarding the award of a Framework Agreement is not 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 a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (generally within one month). Where a Framework Agreement 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 Framework Agreement has been entered into the Court may only award damages. The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside the award decision before the Framework Agreement 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:20.6.2013