Tender for Highway Maintenance Work East Midlands

Tender for Highway Maintenance Work East Midlands

Area 7 Maintenance and Response Contract – UK (East Midlands).

United Kingdom-Birmingham: Highway maintenance work

2015/S 147-269707

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

Highways England
The Cube, 199 Wharfside Street
For the attention of: Keith Mason, Kaneez Mughal
B1 1RN Birmingham
Telephone: +44 1216788398
E-mail: area7procurementenquiries@highwaysengland.co.uk

Internet address(es):

General address of the contracting authority: www.highwaysengland.co.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

National or federal agency/office

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: no

Section II: Object of the contract


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

Area 7 Maintenance and Response Contract – UK (East Midlands).

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

Main site or location of works, place of delivery or of performance: Routes for routine highway maintenance work; defect repairs; emergency incident response; delivering a severe weather service; and other similar duties:
Main site or location of works: M1 from between junctions 14 and 15 at the Northamptonshire County boundary to junction 30 A619/A616/A6132, Barlborough (Derbyshire), includes the River Trent bridge and flood spans near Long Eaton.
M6 from junction 1 to the M1 junction 19 with the A14 Catthorpe (Leicestershire)
M45 in its entirety from M1 junction 17, Crick (Northamptonshire) to terminal roundabout at A45 immediately west of Dunchurch (Warwickshire).
M69 from junction 1, Smockington (Warwickshire) to M1 junction 21, Enderby (Leciestershire).
A1 from junction with A43, Wothorpe (Cambridgeshire) and the A1 (M) Junction 34 (A614/B6045 Blyth) (Nottinghamshire). Includes River Trent Bridge at Newark.
A5 from A422/A508 junction, Old Stratford (Northamptonshire) to B4111 Mancetter Roundabout (Leicestershire), including A5 link road and roundabout from M1 junction 18 to A5 at Rugby Radio Station (Northamptonshire).
A6 Alvaston Bypass (Derbyshire) from the junction with the A5111 to southern roundabout with B5010 at Thulston (Derbyshire).
A14 from M1 junction 19 Catthorpe, Leicestershire) to A45/A605 interchange (J13), Thrapston(Northamptonshire).
A38 from A50 junction, Toyota Island (Derbyshire) to M1 junction 28, Pinxton (Derbyshire).
A42 from junction 11, Appleby Magna (Leicestershire) to M1 junction 23A Diseworth (Derbyshire).
A43 from M40 junction 10, Ardley (Oxfordshire) to M1 junction 15A, Rothersthorpe (Northamptonshire).
A45 from M1 junction 15 Collingtree (Northamptonshire) to A14 junction 13, Thrapston (Northamptonshire).
A46 from M1 junction 21A, Kirby Muxloe (Leicestershire) to A57 junction, Saxilby Road (Lincolnshire)
A52 from A1 Barrowby, Grantham Bypass (Lincolnshire) to A5111 (Derbyshire). Includes urban section through Nottingham, including part of Nottingham Ring Road and the ‘Clifton Complex’ interchange with the A453 at the River Trent bridge.
A453 at Finger Farm roundabout (Nottinghamshire) to M1 Junction 24 (A453/A6/A50 Kegworth) (Derbyshire).
A453 from the M1 junction 24, Kegworth to junction with the A52 Nottingham
A516 from the boundary of the City of Derby at Mickleover to the A38 and from the A38 Derby City Hospital Roundabout and back to the A38.
A5111 from A52, Spondon (Derbyshire) to A6 Alvaston Bypass (Derbyshire). Forms the eastern part of the Derby Outer Ring Road.
A50 from Junction 1 to M1 Junction 24
And may include routes within the Area 7 region where the local authority are responsible for undertaking certain activities, eg sweeping, cleaning.
Geographical areas, routes and route lengths may change during the currency of the award procedures and the contract. The above decriptions are all subject to final ratification.

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)

The successful tenderer will be required to provide all routine and cyclic maintenance, incident response, defect rectification when instructed by Highways England and severe weather delivery on the all-purpose trunk roads and motorways in Highways England Area 7 in accordance with the Highways England standards and objectives. Additional duties will also include: the provision of traffic management for the purpose of the Contractor’s maintenance and response activities, which is to also include traffic management during incidents and where instructed by the Highways England; the facilities maintenance of all depots within the Area 7 region. Under the CDM Regulations 2015, the Maintenance and Response Contractor will be Principal Contractor for all work they undertake unless instructed otherwise by the Highways England Service Manager
Applicant companies should note that Highways England may consider amending the duties listed above and may remove or amend these as appropriate during the contract period.
A Tender Conference will be held on Monday 10.8.2015 at The Thistle Birmingham City Centre, The Royal Angus, St Chad’s Queensway, Birmingham B4 6HY from 10:00-13:00 hrs. In order to register an interest and attend please advise attendance (max. 2 people) to the Procurement Officer named at I.1 via BravoSolutions by 15:00 on Tuesday 4.8.2015
A conducted tour of the depots on 17/18 August will be available upon request. (limit of 1 person per supplier).

II.1.6)Common procurement vocabulary (CPV)

45233139, 45233130, 45233140, 45233141, 71300000, 45233210, 45310000

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

The contract is covered by the Government Procurement Agreement (GPA): yes


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 Service Period for the maintenance and response contract is for a duration of 15 years. Therefore, to continually ensure the validity and appropriateness of the community objectives, the scope, costs and also that the contractor remains the ‘right fit’ for Highways England and the Community, 3 yearly Service Review Periods have been introduced. The Contractors Accepted Plan will be modified at these periods to ensure the contractor understands and is committed to provide a service to reflect Highways England’s changings aims and expectations over the service period.
Estimated value excluding VAT:
Range: between 15 000 000 and 35 000 000 GBP

II.2.2)Information about options

Options: no

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 15.2.2016. Completion 30.6.2031

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:

Lump sum duties; monthly payments.
Other management and technical services: on a scheduled payment basis or cost reimbursable.
Full details of the payment mechanisms will be included in the contract documents.

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 contract.
(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 contract can be awarded.
The Contractor must state in its 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 Contractor must also confirm the names of all the contracting entities with the Employer.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: A Parent Company Guarantee will be required where the financial assessment of the applicant does not meet the required level stated for the contract. In the event of an applicant not meeting the minimum financial criteria, and where a parent company structure exists, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria. This may potentially result in escalation up to the ultimate parent or failure of financial assessment where the ultimate parent company does not meet the financial assessment criteria.
For a joint and severable liable joint venture each constituent of the joint venture shall meet at least 60 % of the financial standing stated for this contract, or where a parent company structure exits, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria.
Where an incorporated joint venture is proposed, Parent Company Guarantees will be required.
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. The supplier must declare if it or any of its directors any other person who has powers of representation, decision or control of the supplier has been convicted of any of the following offences—
(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA
((b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(20) or section 1 of the Prevention of Corruption Act 1906(21), where the offence relates to active corruption;
(c) the offence of bribery, where the offence relates to active corruption;
(ca)bribery within the meaning of section 1 or 6 of the Bribery Act 2010(22);
(d) fraud, where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities(23), within the meaning of—
(i) the offence of cheating the Revenue;
(ii) the offence of conspiracy to defraud;
(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979(31) or section 72 of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968(34) or section 19 of the Theft Act (Northern Ireland) 1969;
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or
(ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;
(e) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002;
(ea) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;
(eb) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or
(f)any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State
Highways England shall treat as ineligible and shall not select a supplier has been convicted of any of the above offences
Highways England may apply to the relevant competent authority to obtain further information regarding the supplier and in particular details of convictions of the offences listed above if it considers it needs such information to decide on any exclusion referred to above.
In any case where supplier or its directors or any other person who has powers of representation, decision or control has been convicted of an offence described in paragraph (1), Highways England may disregard the prohibition described there if it is satisfied that there are overriding requirements in the general interest which justify doing so in relation to that economic operator in order to maintain or enable sufficient competition.
2. The Supplier must declare if any of the following (a) to (j) it or any of its directors any other person who has powers of representation, decision or control of the supplier is applicable. Highways England shall consider a supplier as ineligible or decide not to select supplier in accordance with the Procurement Regulations on one or more of the following grounds, namely that the economic operator or any of its directors any other person who has powers of representation, decision or control of the economic operator (supplier) —
(a) being an individual is a person in respect of whom a debt relief order has been
made or is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;
(b) being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate;
(c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of the above procedures or is the subject of similar procedures under the law of any other state;
(d) has been convicted of a criminal offence relating to the conduct of his business or profession;
(e) has committed an act of grave misconduct in the course of his business or profession;
(f) has not 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 economic operator is established;
(g) has not 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 supplier is established;
(h) is guilty of serious misrepresentation in providing any information referred to within regulation or regulation 24, 25, 26 or 27 (of the Public Contracts Regulations 2006 as amended), or has not provided such information in response to a request by the contracting authority
(i) in relation to procedures for the award of a public services contract, is not licensed in the relevant State in which he is established or is not a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member; or
[(j)subject to Regulation 23 paragraphs (7), (8) and (9) of the Public Contracts Regulations 2006, as amended, is not registered on the professional or trade register of the relevant State specified in Schedule 6 in which he is established under conditions laid down by that State].

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Contractors or Incorporated Joint Ventures (Single Legal Entities) submitting a tender should provide their Constructionline registration number. For unincorporated Joint Ventures submitting a tender each member of the group should provide their individual Constructionline registration number. Constructionline is the UK Government’s national pre-qualification register for construction contractors and consultants. If an economic operator is not registered with Constructionline we require two years audited accounts or another element as outlined within the tender documents.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Please refer to the Tender Documents — Selection Questionniare for full details.
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

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure


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

Objective criteria for choosing the limited number of candidates: N/A.
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

Notice number in the OJEU: 2015/S 92-164610 of 13.5.2015

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

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

25.9.2015 – 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


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

in days: 210 (from the date stated for receipt of 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

The Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction. Suppliers Instructions How to take part in this Tender:

1. Register your company on the eSourcing portal (this is only required once) — Browse to the eSourcing Portal: https://highways.bravosolution.co.ukand

click the link to register — Accept the terms and conditions and click ‘continue’ — Enter your correct business and user details — Note the username you chose and click ‘Save’ when complete — You will shortly receive an email with your unique password (please keep this secure). 2. Express an Interest in the tender — Login to the portal with the username/password — Click the ‘PQQs/ITTs Open to All Suppliers’ link. (These are Pre-
Qualification Questionnaires or Invitations to Tender open to any registered supplier) — Click on the relevant PQQ/ITT to access the content — Click the ‘Express Interest’ button at the top of this page — This will move the PQQ/ITT into your ‘My PQQs/ My ITT’s page. (This is a secure area reserved for your projects only) –
You can now access any attachments by clicking the ‘Buyer Attachments’ in the “PQQ/ITT Details box.
3. Responding to the tender — Click ‘My Response’ under ‘Pqq/ITT Details’ , you can choose to ‘Create Response’ or ‘Decline to Respond’ (please give a reason if declining) — You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification — Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ITT — There may be a mixture of online and offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.
The successful tenderer will be required to sign the Highways England Fair Payment Charter as a condition of acceptance of their tender.
As a supplier/organisation looking to bid for public sector contracts you should be aware that tender documentation for contracts over 10 000 GBP will be published on a single website and made available to the public. You should also be aware that if your bid is successful the resulting contract will be published. In some circumstances, limited redactions will be made to tender documentation and/or contracts before they are published in order to comply with
existing law, to protect commercial interests and for the protection of national security.
Highways England are committed to ensuring public sector procurement is used, where possible, to promote skills training and open up apprenticeship opportunities on public sector projects and programmes. To support this commitment Highways England Board has agreed a target to have one apprenticeship created for every £20m spent through a contract. Highways England Board has identified that the Supplier identified to deliver this contract are expected to contribute in delivering this target.
This procurement falls within the scope of HM Revenue and Customs” Construction Industry Scheme.The successful Contractor will be appointed to fulfil the duties of Principal Contractor and CDM Co-ordinator under the Construction (Design and Management) Regulations 2015.
For further details please refer to the Instructions for Tenderers. Applicant companies (including parent companies in the case of Joint Ventures) should be aware that they will not be permitted to hold more than a 33.0 % market share of the Highways England network lane kilometres in total, or in any event, more than five of the Highways England’s MAC/ ASC/Maintenance & Response contracts. This is to protect the public’s interest, in particular to ensure the resilience of the Highways England network. Tendering opportunities for applicant companies may therefore be limited on this basis. Please note that the proportion of Highways England network (calculated against total HE network lane length including hard shoulder but excluding slip roads, roundabouts and ox-bow lay-bys) for each MAC/ASC Area is as follows:
Area 1 = 2.95 %; Area 2 = 7.8 %; Area 3 = 8.02 %; Area 4 = 5.7 %; Area 6 = 6.09 %; Area 7 = 9.4 %; Area 8 = 4.71 %;
Area 9 = 11.21 %; Area 10 = 9.6 %; Area 12 = 7.74 %; Area 13 = 5.44 %; Area 14 = 3.54 %. With reference to the market share limit, applicant companies are asked to note that Highways England will take into account the potential for applicant companies being awarded this Area 7 Maintenance & Response Contract or any asset support contracts, being tendered for. In the event that the market share limit could be breached Highways England will advise the applicant company at the appropriate time and the applicant company will be given the option to continue with their tender at their own cost and risk. Highways England will then apply market share test described in the Instructions for Tenderers as part of the Stage 1 tender assessment to determine whether any of the tenderers, if awarded the contract, would exceed their market share limit. If so, then Highways England will not consider their tender any further.
From 1.10.2014, the Government is introducing its new Cyber Essentials Scheme. Government has developed Cyber Essentials, in consultation with industry, to mitigate the risk from common internet based threats.
It will be mandatory for new Central Government contracts, which feature characteristics involving the handling of personal data and ICT systems designed to store or process data at the OFFICIAL level of the Government Security Classifications scheme (link below), to comply with Cyber Essentials.


All potential tenderers for Central Government contracts, featuring the above characteristics, should make themselves aware of Cyber Essentials and the requirements for the appropriate level of certification. The link below to the Gov.uk website provides further information:


The tenderer with the most economically advantageous tender will be required to sign the Highways England Fair Payment Charter as a condition of acceptance of their tender.
The estimated range of values quoted in Section II.2.1 are per annum figures.
In accordance with clauses 53 and 54 of the contract Highways England intends to work with the winning bidder, post award of contract, to explore opportunities for further efficiencies and improvements which may exist. Such discussions will take place during the mobilisation period.
Highways England reserve the right to invite or not invite variant bids at their sole discretion. Further information will be set out in the Tender Documents. Contract dates stated are indicative, and may be subject to change.

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: Highways England will incorporate a minimum 10 day standstill period at the point information on award of the contract is communicated to tenderers. Appeals should be lodged in accordance with the Public Contracts Regulations 2015 (SI 2006 No 5) as amended.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice: