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IMPORTANT LEGAL INFORMATION

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PROJECT TITLE: UK-London: drainage construction works

Project number: 2008/S 70-094415

Type: CONTRACT NOTICE - Works

SECTION I: CONTRACTING AUTHORITY

 

I.1)

NAME, ADDRESSES AND CONTACT POINT(S):

 

The Royal Borough of Kensington and Chelsea, 37 Pembroke Road, Attn: Arif Mahmud, UK-London W8 6 PW. Tel.  020 73 41 52 37. E-mail: arif.mahmud@rbkc.gov.uk. Fax  020 73 70 57 23.

 

Internet address(es):

 

General address of the contracting authority: www.rbkc.gov.uk.

 

Further information can be obtained at: As in above-mentioned contact point(s).

 

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s).

 

Tenders or requests to participate must be sent to: As in above-mentioned contact point(s).

 

I.2)

TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:

 

Regional or local authority.

General public services.

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:

 

UK-London: highway drainage and gully works.

 

II.1.2)

Type of contract and location of works, place of delivery or of performance:

 

Works.

Execution.

Main site or location of works: Inner London - West.

Area within the Royal Borough of Kensington and Chelsea.

 

NUTS code: UKI11 .

 

II.1.3)

The notice involves:

 

A public contract.

 

II.1.4)

Information on framework agreement:

 

II.1.5)

Short description of the contract or purchase(s):

 

Drainage construction works. Drainage construction works. Drainage construction works. The works are predominantly renewal of gully pans and pipework, and private drain connection construction mainly carried out in headings. No main sewers work is required and connection to sewers will be carried out by Thames Water. The Contractor will also be required to arrange parking suspensions where necessary and notifying residents and businesses affected by the works.

 

II.1.6)

Common procurement vocabulary (CPV):

 

45232450.

 

II.1.7)

Contract covered by the Government Procurement Agreement (GPA):

 

No.

 

II.1.8)

Division into lots:

 

No.

 

II.1.9)

Variants will be accepted:

 

No.

 

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

 

II.2.1)

Total quantity or scope:

 

Approximate annual value of work is 350,000 GBP, although the actual figure can flutuate and no gurantee is given of the value of from year to year. The contract will commence on 1 April 2009 and run for a five-year period with a provision for three optional one year extensions that may be granted at the Council's discretion.

Estimated value excluding VAT: 1 750 000 GBP.

 

II.2.2)

Options:

 

II.3)

DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:

 

Starting: 1.4.2009. Completion: 31.3.2014.

 

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

 

III.1)

CONDITIONS RELATING TO THE CONTRACT

 

III.1.1)

Deposits and guarantees required:

 

Contractor may be required to provide a parent company guarantee or performance bond.

 

III.1.2)

Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:

 

III.1.3)

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

 

Joint and several liability.

 

III.1.4)

Other particular conditions to which the performance of the contract is subject:

 

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 requirements are met: (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 judgment 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 authorities 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 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 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 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.

Applicants will required to complete a.

pre-qualification questionnaire that must be returned to the above address no later than 12:00 GMT 12.5.2008.

 

III.2.2)

Economic and financial capacity:

 

Information and formalities necessary for evaluating if requirements are met: (a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;

(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;

(c) a statement of the undertaking's overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available.

As set out in Article 47 of Directive 2004/18/EC. The Contracting Authority is seeking Economic Operators who will be required to complete a PQQ, part of which will include information on their economic and financial capacity.

See the pre-qualification questionnaire.

Minimum level(s) of standards possibly required: The Contracting Authority will seek external financial references from an independent assessor for all economic Operators submitting a PQQ. The qualifying score should be at least 50 % (average financial risk). Minimum financial stability requirements and Economic Operator annual turnover are required. The ratio of annual turnover to the estimated annual contract value should be equal to four or more. Failure to satisfy these requirements may result in the application being unsuccessful.

 

III.2.3)

Technical capacity:

 

Information and formalities necessary for evaluating if requirements are met: (a) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;

(f) the educational and professional qualifications of the service provider or contractor and/or those of the undertaking's managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;

(h) a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last three years;

As set out in Article 48 and 49 of Directive 2004/18/EC. Economic operators will be required to complete a PQQ, part of which will include information on their technical and professional ability, as well as quality assurance.

Environment Standards.

As set out in Article 50 of Directive 2004/18/EC. Economic operators will be required to complete a PQQ, part of which will include information on their approach to, and systems relating to, the Environment.

See the pre-qualification questionnaire

Economic Operators unable to demonstrate experience of providing similar services may not be invited to participate.

Minimum level(s) of standards possibly required: Economic Operators unable to demonstrate experience of providing similar services may not be invited to participate.

 

III.2.4)

Reserved contracts:

 

No.

 

III.3)

CONDITIONS SPECIFIC TO SERVICES CONTRACTS

 

III.3.1)

Execution of the service is reserved to a particular profession:

 

No.

 

III.3.2)

Legal entities should indicate the names and professional qualifications of the 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. Maximum number: 6

Objective criteria for choosing the limited number of candidates: A short list of between five and six Economic Operators will be selected that shall be derived from the Economic Operators judged to have achieved the highest scores (expressed as a percentage).

Should two or more Economic Operators on the shortlist achieve the same score such that there are more than 6 Economic Operators, then the Economic Operator with the higher financial score will be selected. Should the Economic Operators still have the same score then the score achieved in Section 9 Environmental Awareness shall be used.

Minimum requirements within each section of the PQQ are required to be met.

The PQQ will be marked using the following weighting criteria: Section 3 General Information - 5 %, Section 4 Financial Information - 25 %, Section 5 Technical References - 35 %, Section 6 Quality Systems / Quality Assurance - 10 %, Section 7 Health and Safety - 10 %, Section 8 Workforce Matters and Equal Opportunities - 5 % and Section 9 Environmental Awareness - 10 %.

 

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)

An electronic auction will be used:

 

No.

 

IV.3)

ADMINISTRATIVE INFORMATION

 

IV.3.1)

File reference number attributed by the contracting authority:

 

RTQ/08/003.

 

IV.3.2)

Previous publication(s) concerning the same contract:

 

No.

 

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:

 

12.5.2008 - 12:00.

 

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates:

 

17.6.2008.

 

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:

 

Place: Tenders will be returned by the date given in the invitation to tender and will be opened in accordance with the Council's Contract Regulations.

Persons authorised to be present at the opening of tenders: no.

 

SECTION VI: COMPLEMENTARY INFORMATION

 

VI.1)

THIS IS A RECURRENT PROCUREMENT:

 

No.

 

VI.2)

CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:

 

No.

 

VI.3)

ADDITIONAL INFORMATION:

 

GO reference: GO 08040850/01.

 

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: The Council will incorporate a 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from the notification of the award to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such additional information should be required from the address in part I.1. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulation 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 3 months). Where the contract has not been entered into the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages.

 

VI.4.3)

Service from which information about the lodging of appeals may be obtained:

 

VI.5)

DATE OF DISPATCH OF THIS NOTICE: 8.4.2008.

 

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