Roads Minor Works Framework Agreement

Frequency and value of the contracts to be awarded: The range above is over the maximum 4 years of the agreement.1 The works will be carried out on a Work Package basis with Work Packages varying in value up to GBP 250 000.

United Kingdom-Kilmarnock: Works for complete or part construction and civil engineering work

2014/S 100-173972

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

East Ayrshire Council
Corporate Procurement Team, London Road HQ
Contact point(s): Corporate Support
For the attention of: Alex Reid
KA3 7BU Kilmarnock
UNITED KINGDOM
Telephone: +44 1563576186
E-mail: alex.reid@east-ayrshire.gov.uk
Fax: +44 1563576179

Internet address(es):

General address of the contracting authority: http://www.east-ayrshire.gov.uk

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00223

Electronic access to information: www.publictendersscotland.publiccontractsscotland.gov.uk

Electronic submission of tenders and requests to participate: www.publictendersscotland.publiccontractsscotland.gov.uk

Further information can be obtained from: East Ayrshire Council
Corporate Procurement Team, London Road HQ
Contact point(s): Corporate Support
For the attention of: Alex Reid
KA3 7BU Kilmarnock
UNITED KINGDOM
Telephone: +44 1563576186
E-mail: alex.reid@east-ayrshire.gov.uk
Fax: +44 1563576179
Internet address: http://www.east-ayrshire.gov.uk

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

East Ayrshire Council

Falkirk Council

North Ayrshire Council

South Ayrshire Council

West Lothian Council

Section II: Object of the contract

II.1)Description

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

Roads Minor Works (2G) Framework Agreement.

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

Works
Execution
Main site or location of works, place of delivery or of performance: Various locations throughout the boundaries of the five participating councils.

NUTS code UKM

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: 400

Duration of the framework agreement

Duration in years: 2

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 20 000 000 and 40 000 000 GBP
Frequency and value of the contracts to be awarded: The range above is over the maximum 4 years of the agreement.1 The works will be carried out on a Work Package basis with Work Packages varying in value up to GBP 250 000. Any Works Package with a value between GBP 250 000 and GBP 500 000 may, at the discretion of the issuing authority either be issued through the Framework or be procured as a discrete scheme outwith the Framework Agreement. Any works with a value greater than GBP 500 000 will be procured outwith the Framework Agreement.

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

Roads Minor Works (2G) Framework Agreement to be utilised by East Ayrshire Council, South Ayrshire Council, North Ayrshire Council, Falkirk Council and West Lothian Council. Note that East Ayrshire Council and South Ayrshire Council Roads & Transportation Services trade as Ayrshire Roads Alliance.
NOTE: The authority is using PCS-Tender to carry out this procurement process. Please note this is a separate website and if you are not already registered, registration will be required

To access PCS-Tender, record your interest in this notice and access the tender documentation please visithttps://www.publictendersscotland.publiccontractsscotland.gov.uk and search for project Code project_1952 within the appropriate area.

If you have already registered on Public Contracts Scotland and PCS-Tender and paired your accounts you can access PCS-Tender through your Public Contracts Scotland Control Panel.

II.1.6)Common procurement vocabulary (CPV)

45200000, 45233130, 45233100, 45233000, 45233139, 45233300

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:

The scope of the Framework is to employ Contractors to carry out Work Packages within the limits of the each of the participating Councils’ boundaries, to assist the Councils’ works organisations at time of high workload. These works may include all aspects of road maintenance within the road network including street lighting installation, bridge and/or other structures works and ground works within parks, housing, schools, cemeteries, etc, (as detailed in the individual Works Package Orders). The works will be carried out on a Work Package basis with work packages varying in value up to GBP 250 000. Any works package with a value between GBP 250 000 and GBP 500 000 may, at the discretion of the issuing authority either be issued through the Framework or be procured as a discrete scheme outwith the Framework Contract. Any works with a value greater than GBP 500 000 will be procured outwith the Framework Agreement.
Estimated value excluding VAT:
Range: between 20 000 000 and 40 000 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The Framework Agreement term is initially 2 years. However, the Councils jointly retain the right to extend the term by a further two 1-year extension options, wholly at their discretion.
Provisional timetable for recourse to these options:
in months: 24 (from the award of the contract)

II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 2

II.3)Duration of the contract or time limit for completion

Starting 1.10.2014. Completion 30.9.2016

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

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

Refer to NEC3 ECSC Clause 51 Payment. The Employer pays within three weeks after the next assessment day which follows receipt of an application for payment by the Contractor.

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

No specific legal form required. However, the Council will Contract with a single legal entity (the Lead Bidder) for each Work Package with all other partnering organisations (to the Lead Bidder) being regarded as its sub-contractors.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The Framework Agreement will be managed by East Ayrshire Council as Lead Authority under the NEC3 ECSC Framework Contract (June 2005)as amended including April 2013 Amendments, with individual Works Packages being issued by one of the five participating Authorities as the Employer under the conditions of the NEC3 Engineering and Construction Short Contract (April 2013).

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: (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 grave misconduct in the course of their business or profession.
(5) 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.
(6) 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
(7) 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.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: No financial standing third party reports will be used at either the selection (inclusion) stage or award (Work Package) stage.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Throughout the term of the Agreement, all Contractors will be required to be registered and acredited as an ‘Approved Contractor’ with an organisation under the SSIP (Safety Schemes in Procurement) or EU equivalent, before being able to accept Work Packages.

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

Lowest price

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:

PS/14/07

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

Prior information notice

Notice number in the OJEU: 2014/S 60-100266 of 26.3.2014

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: 21.7.2014

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

28.7.2014 – 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: 3 (from the date stated for receipt of tender)

IV.3.8)Conditions for opening of tenders

Date: 28.7.2014 – 12:00

Place:

London Road HQ, Kilmarnock, Ayrshire KA7 3BU.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: 2, 3 or 4 years hence depending upon optional extensions taken up.

VI.2)Information about European Union funds

VI.3)Additional information

Interested parties may download electronic versions of the Tender documents from www.publictendersscotland.publiccontractsscotland.gov.uk no paper copies or emailed versions will be made available.

Please visit this site, register your interest, download the Tender documents and upload the completed tenders to the same site by not later than 12:00 on 28.7.2014.
All contractors who pass the stated minimum (mandatory) requirements stated in the ITT documents will be incorporated onto the Framework Agreement. The items and quantities of each individual Work Package will be inserted into the common Database and the work will be offered to the lowest priced contractor, where the work is to proceed. The contractor may accept or decline without penalty.
Should the lowest priced contractor decline the Work Package will be offered to the next lowest priced contractor until the Work Package is accepted. Work Packages will only be offered to contractors who are Approved Contractors under the Safety Scheme in Procourement SSIP (or EU equivalent) and who hold the minimum insurance requirements acceptable to the Council.
Contractor performance will be monitored in terms of response and completion times and quality and contractors may be suspended or removed from the Framework Agreement in accordance with the Default in Performance Clause in the Conditions of Contract.
Contractors will be offered the opportunity to review and resubmit their rates on a 6-month basis and this will be done using the PCS-Tender Mini-Competition Module. It is therefore imperative that contractors make the Framework Administrator immediately aware of any changes to contact details for Mini-Tender purposes.
(SC Ref:290857)
Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:
Bidders may, at their discretion, formally propose community benefits that it would deliver if a) successful in being included in the Framework Agreement and furthermore b) successful in winning Work Packages. These may or may not include such as ‘apprenticeships to conclusion’, ‘recruitment/training of the long-term unemployed’, ‘relationships with primary and secondary schools’, ‘innovative supply chain proposals’ and any other proposals which would bring community benefits to the five participating Councils. These will not be regarded as award criteria, although any proposals would become contractual, at the discretion of the Councils.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2006 (SSI 2006/1) (as amended) may bring proceedings in the Sherriff Court or the Court of Session.

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

VI.5)Date of dispatch of this notice:

22.5.2014