Stadium Transformation Works Main Contractor

Stadium Transformation Works Main Contractor

London Legacy Development Corporation. UK-London: construction work

2012/S 68-111567

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

London Legacy Development Corporation
29-35 West Ham Lane, Stratford
For the attention of: Simon Matthews
E15 4PH London
UNITED KINGDOM
Telephone: +44 2032881800
E-mail: simonmatthews@londonlegacy.co.uk

Internet address(es):

General address of the contracting authority: www.londonlegacy.co.uk

Electronic access to information: www.procure4london.com

Electronic submission of tenders and requests to participate: 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

Body governed by public law
I.3)Main activity

Other: Regeneration and development.
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:

Stadium Transformation Works Main Contractor.
II.1.2)Type of contract and location of works, place of delivery or of performance

Works
Design and execution
NUTS code UK

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)

Construction work. Building construction work. Works for complete or part construction and civil engineering work. Construction work for buildings relating to leisure, sports, culture, lodging and restaurants. Construction work for sports facilities. Multi-purpose sports facilities construction work. Stadium construction work. Engineering works and construction works. Construction work for engineering works except bridges, tunnels, shafts and subways. Structures construction work. Roof works and other special trade construction works. Special trade construction works other than roof works. Miscellaneous special-trade construction work. This Notice is in respect of a contract for the design and construction of the transformation and reconfiguration works required to the stadium (‘the Stadium’) that will be used to host the London 2012 Olympic Games and Paralympic Games (‘the Games’).
The works will be completed after the Games, in order to assist the Contracting Authority realise the long-term vision for the Queen Elizabeth Olympic Park (‘the Park’) and surrounding area.
The works may be undertaken on and adjacent to and around the Stadium, which is based within the Park, and may involve some or all of the following: works to an existing venue; adaption; reuse; reconfiguration; extension; installation of new; maintenance of existing.
The works may include (but not be limited to) some or all of the following:
— earthworks and groundworks,
— structural works,
— roofing and cladding works,
— external finishes works,
— building services and utilities installations,
— internal finishes works,
— fit-out works,
— seating works,
— field-of-play finishes works,
— external works,
— landscaping works,
— testing and commissioning works,
— final configuration works.
Services to be provided in connection with the works may include (but not be limited to):
— design and technical services,
— environmental and sustainability monitoring,
— planning agent for conditions relating to Contractor’s design / construction; and,
— Construction (Design and Management) co-ordinator.
The contractor will act as the principal contractor for the works as defined in the Construction (design and management) Regulations 2007 and will also be responsible for site logistics including security, delivery management, transportation of personnel, Health and Welfare and asset protection and maintenance.
The contractor may also be required to act as the construction manager on behalf of the Contracting Authority. In this role the contractor will be responsible for administering and managing existing Contracting Authority contracts that include transformation works. The inclusion and extent of this service will be confirmed in the tender documents.
The contract will include the adoption and development of the Contracting Authority’s tender design information and its development into detailed design for construction.
The scope of the works may also be extended to include other similar works as may be instructed by the Contracting Authority from time to time within other areas of the Olympic Park or off-Park locations.
It is also presently envisaged that the scope of the works will include the provision of design warranties and performance certification for those works and / or materials supplied that are designed and / or tested by the contractor and their suppliers.
It is also presently intended that the Contracting Authority will novate any contract arising from a separate opportunity to source a cable-roof supplier (being procured separately by the Contracting Authority) to the contractor. It is presently envisaged that the award of this contract will take place prior to the submission of tenders by the bidders.
Full details of the scope (including the warranties that will be sought, and the novation agreement) will be provided to those Applicants shortlisted to receive the ITT.
II.1.6)Common procurement vocabulary (CPV)

45000000, 45210000, 45200000, 45212000, 45212200, 45212220, 45212224, 45220000, 45222000, 45223000, 45260000, 45262000, 45262600

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:

Please see Section II.1.5 above and the pre-qualification questionnaire, a copy of which can be obtained from the Procure4London eTendering service (further details of which are set out in Section VI.3 of this OJEU Notice).
II.2.2)Information about options

Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Duration in months: 18 (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:

The Contracting Authority reserves the right to require deposits, guarantees, collateral warranties, bonds and / or other forms of appropriate security.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Details will be provided in the pre-qualification questionnaire and the invitation to tender documents, copies of which are available from the Procure4London e-Tendering service (details of which can be found at Section VI.3 of this Notice).
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 reserves the right to require groupings of contractors to take a particular legal form orto require a single contractor to take primary liability or to require that each party undertakes joint and severalliability irrespective of the legal form of the contracting entity. Details will be provided in the pre-qualification questionnaire and the invitation to tender documents, copies of which are available from the Procure4London e-Tendering service (details of which can be found at Section VI.3 of this Notice).
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: Bidders will be assessed inaccordance with Part V of the Public Contracts Regulations 2006 (SI 2006/5) which implement Title 2 Chapter 7 Section 2 of the 2004/18/EC Directive on the basis of information provided in response to the pre qualification questionnaire (a copy of which can be obtained from the Procure4London eTendering Service). Completed responses to pre qualification questionnaires must be returned via the Procure4London e-Tendering service (further details of which are available at section VI.3 of this OJEU Notice) before the deadline for receipt of responses as notified in the pre qualification questionnaire.
Suppliers instructions on how to respond to this Notice with the submission of a PQQ, together with assistance on registering suppliers’ organisations on the eTendering service, and downloading / viewing procurement documentation can be found:
1. on the eTendering website, www.procure4london.com; or

2. through the use of the www.procure4london.com Helpdesk facility on +44 8452707098; or

3. through the use of the Supplier Guides and FAQ’s available from the eTendering service at http://www.procure4london.com/getting-started/supplier-guidances/.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Evaluation information required from Applicants will be stated in the Pre-Qualification Questionnaire (PQQ), which is available for download from the Procure4London eTendering service.
Minimum level(s) of standards possibly required:
1) Applicants interested in being selected to participate incompetition for the Project must demonstrate the following:
a. A minimum annual turnover in each of the last 3 consecutive years of GBP 280 000 000 or equivalentfinancial performance in the Applicant’s reporting currency or equivalent proof of financial standing.
b. In the case of a consortium bid, the combined minimum annual turnover of the Applicant and the relevantcompanies in each of the last 3 consecutive years must be no less than that specified in paragraph a. aboveand the minimum annual turnover of at least one of the parties must be no less than GBP 70 000 000 orequivalent financial performance in reporting currency or equivalent proof of financial standing.
In addition, the Contracting Authority will undertake a check of each Applicant’s financial strength. That check will be undertaken by establishing a Dunn and Bradstreet Failure Score for each Applicant. The Contracting Authority will require each Applicant to achieve a minimum Dunn and Bradstreet Failure Score of 50 or above. Dunn and Bradstreet Failure Scores between 1 and 20 may be automatically excluded from further consideration and scores between 21 and 49 may be the subject of further checks and clarification. If this information is not available from Dunn and Bradstreet for a particular Applicant, the Contracting Authority will undertake alternative checks as appropriate to establish an equivalent measure of that Applicant’s financial strength.
The Contracting Authority reserves the right to adjust these minimum standards in accordance with the PCR and to reject responses from Applicants and/or Relevant Companies who are unable to meet the above criteria.
2) The Applicant must confirm the ability to provide the following insurances at the time of entering into any Contract with the Contracting Authority:
— Loss of or damage to plant and materials during:
i) transit within the UK by any means other than described above;
ii) transit outside the UK;
iii) off-site storage within the UK other than described above;
iv) off-site storage outside the UK;
v) off-site prefabrication outside the UK.
Minimum amount of cover or minimum limit of indemnity – the replacement cost.
— Loss of or damage to Equipment. Minimum amount of cover or minimum limit of indemnity – the replacement cost,
— Liability for negligent act, error or omission in the performance of the Contractor’s professional obligationsunder the Contract (professional indemnity insurance).
Minimum amount of cover or minimum limit of indemnity – GBP 20 000 000 for each and every claim and in the annual aggregate with two reinstatements of limit annually and GBP 20 000 000 in the annual aggregate for claims arising out of pollution/contamination maintained for a period of 12 years following completion of the Works.
— Liability for death or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this Contract (Employer’s Liability insurance).
Minimum amount of cover or minimum limit of indemnity – The greater of the amount required by the applicable law and GBP 20 000 000 forany one event. This insurance should include an Indemnity to Principal clause and Waiver of Subrogation infavour of the Employer, the Project Manager.
— Third party liability in respect of all vehicles used on public highways, site access roads or in any circumstances requiring insurance under the Road Traffic Acts (Motor Vehicle).
Minimum amount of cover or minimum limit of indemnity – As required by law.
— Loss of or damage to Marine Hull and Machinery and full Protection and Indemnity entry or insurance in respect of marine vessels used in connection with this Contract (Marine).
Minimum amount of cover or minimum limit of indemnity – Hull and Machinery insurance for an amount not less than the replacement value of the vessel, and Protection and Indemnity insurance for an amount not less than GBP 5 000 000 for each and every occurrence.
— Other insurances required by statute (Other).
Minimum amount of cover or minimum limit of indemnity – As required by law.
The Contracting Authority reserves the right to adjust these evaluation standards in accordance with the PCR and to reject responses from Applicants who are unable to meet the above criteria.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Bidders will be assessed in accordance with Part V of the Public Contracts Regulations 2006 (SI 2006/5) which implement Title 2 Chapter 7 Section 2 of the 2004/18/EC Directive on the basis of information provided in response to the pre qualification questionnaire (a copy of which can be obtained from the Procure4London e-Tendering Service). Completed responses to pre qualification questionnaires must be returned via the London 2012 e-Tendering Service (further details of which are available at section VI.3 of this Notice) before the deadline for receipt of responses as notified in the pre qualification questionnaire.
Minimum level(s) of standards possibly required:
Applicants will be required to demonstrate that they will be able to comply with the minimum requirements set out in the Policies and Strategies of the Contracting Authority and as set out in the PQQ, in respect of the Applicants technical ability to deliver the Contracting Authorities requirements.
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 minimum number 5
Objective criteria for choosing the limited number of candidates: The Contracting Authority intends to invite to tender a minimum of 5 candidates on the basis of order of ranking candidates at the pre-qualifications stage.
The objective criteria that will be used to rank candidates are detailed in the pre qualification questionnaire (a copy of which can be obtained from the Procure4London eTendering Service).
The objective criteria are summarised as follows:
1) Financial profile – pass/fail.
2) Governance and compliance (40 %).
3) Capacity, capability and relevant experience (60 %).
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:

DR47Q58QNV
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: 10.5.2012 – 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

15.5.2012 – 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 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.
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 https://www.procure4london.com/delta. 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: DR47Q58QNV. Please ensure you follow any instruction provided to you here.
The deadline for submitting your response(s) is 12:00 pm BST on Tuesday 15th May 2012. Please ensure that you allow yourself plenty of time when responding to this invite 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 by emailing helpdesk@procure4london.com.

The Contracting Authority reserves the right to:
— waive any requirements of this procurement process (to the extent permitted by law),
— request additional information or clarificatory information from Bidders in relation to any aspect of their response,
— disqualify any Bidder that does not submit a compliant response in accordance with the Contracting Authority’s instructions (see also below),
— withdraw any part of or the whole of this procurement process at any time or to re-invite responses on the same or any alternative basis,
— not award the whole of or a part of contract as a result of this procurement process; or,
— make whatever changes it sees fit to the timetable, structure or content of the procurement process for any reason.
Furthermore, the Contracting Authority reserves the right to reject or disqualify a bidder where:
— a response is submitted late, is completed incorrectly, is incomplete or fails to meet the Contracting Authority’s requirements which have been notified to bidders,
— the Bidder is unable to satisfy the terms of Part V of the Public Contract Regulations 2006 (implementing Title 2 Chapter 7 section 2 of the 2004/18/EC Directive) at any stage during the procurement process,
— the bidder is guilty of serious misrepresentation or fraud in relation to its application and/or any aspect of this procurement process,
— there is a change in identity, control, financial standing or other factor impacting on the procurement process and affecting the Bidder; and/or,
— there is an actual or potential commercial, professional, financial or other conflict of interest arising between the interests of the Contracting Authority and the Bidder.
All Bidders are solely responsible for all their costs and expenses incurred in connection with the preparation and submission of their responses at all stages of the procurement process. Under no circumstances will the Contracting Authority be liable for any costs or expenses borne by or on behalf of the Bidder.
Variant bids may be permissible as part of this procurement process provided they comply with the Contracting Authority’s requirements for variant bids as set out in the invitation to tender documentation copies of which will be available from the Procure4London e-Tendering Service. The ability to submit Variant bids will be confirmed inthe Invitation to Tender documents.
Clarifications and queries in respect of this PQQ must be submitted in writing and via the Procure4London eTendering Service only. Direct emails, telephone calls or correspondence with the Contracting Authority will not be permitted during the procurement of this opportunity. GO Reference: GO-201243-PRO-3830173.

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

London Legacy Development Corporation
29-35 West Ham Lane, Stratford
E15 4PH London
UNITED KINGDOM
Telephone: +44 2032881800
Internet address: www.londonlegacy.co.uk

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a mandatory 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. The Public Contracts Regulations 2009 (SI 2009 No. 2992) 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). Where a contract has not been entered into, the Court may order the setting aside ofthe award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may award damages or declare the contract ineffective. 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 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:3.4.2012