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IMPORTANT LEGAL INFORMATION

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PROJECT TITLE: UK-Sutton Coldfield: construction work for military buildings and installations

Project number: 2009/S 185-266303

Type: CONTRACT NOTICE - Works

SECTION I: CONTRACTING AUTHORITY

 

I.1)

NAME, ADDRESSES AND CONTACT POINT(S):

Defence Estates, DE, Kingston Road, Contact: C2 Commercial Officer, DE Ops North EMC, Attn: Mr A McFall, UK-Sutton Coldfield B75 7RL. Tel.  +44 1213113609. E-mail: Andrew.McFall@DE.MOD.UK. Fax  +44 1213112145.

Internet address(es):

General address of the contracting authority: MOD.UK/DefenceEstates.

Address of the buyer profile: MOD.UK/DefenceEstates.

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:

Ministry or any other national or federal authority, including their regional or local sub-divisions.

Defence.

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:

Prime Contract for Re development of Stafford - Beacon Barracks.

II.1.2)

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

Works.

Design and execution.

Main site or location of works: Shropshire and Staffordshire.

NUTS code: UKG2 .

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):

Construction work for military buildings and installations. Prime Contract for design and construction to redevelop the existing military barracks at Stafford. The contract will cover detailed design and construction including: Demolition; Construction of new buildings including areas of accommodation; Refurbishment of existing buildings; Infrastructure works (incl. drainage, roads, car parks, mechanical & electrical, security); and Landscaping etc.

The contract will state a 12 month defect liability period for all works related to the project. This may include repair, replacement and maintenance of plant and equipment and any maintenance required outside of the required system arrangements in accordance with the O&M manuals. The provision of a fault reporting system with an appropriate Management Information System that works in cohesion with the Regional Prime Contract Core Services arrangement will be required so that faults can be reported, recorded, prioritised and carried out, with full configuration management; instigating an inspection regime, managing health and safety and quality assurance systems. The successful bidder will be expected to demonstrate compliance with the tendered whole life cost model.

As Prime Contractor, the successful bidder will have sole responsibility for delivery of the contract and is required to manage and co-ordinate an integrated supply chain (including consultants, sub-contractors and suppliers) to perform all tasks necessary to achieve the requirements of the output specification. Candidates may not tender for only part of the requirement.

In performance of the contract, the Prime Contractor will be required to interface with the Ministry of Defence’s specialist advisers on issues such as security, health and safety, fire safety, environment/sustainability and Counter Terrorist Measures (CTM).

The Prime Contractor will be required to demonstrate a collaborative approach towards management of interfaces with the MOD Project Team, MOD’s existing service providers and contractors, including the Regional Prime Contractor, SLAM Contractor, Aquatrine Contractor and Multi-Activity Contractor (Pay as You Dine). This would include co-ordination of services and works and the provision of mutual access arrangements to the site.

The Prime Contractor will be responsible for dealing with the relevant Local Authorities on negotiation of planning issues/securing approval of the planning application.

The Prime Contractor will be responsible for liaison with the Planning Authority, Staffordshire County Council Highways Dept, and any other external stakeholders.

Tenders will be sought based against a Design already developed to RIBA Stage D with full planning.

Some areas of the barracks will be occupied during the period of construction, and the Prime Contractor will be expected to demonstrate cognisance of the importance of minimising disruption to resident Ministry of Defence personnel during the construction phase and the need for maintenance of security of the site.

The scope of the contract will not extend to management of, or an active role in, military or defence activities, which will remain under the control of the Ministry of Defence.

II.1.6)

Common procurement vocabulary (CPV):

45216200.

II.1.7)

Contract covered by the Government Procurement Agreement (GPA):

Yes.

II.1.8)

Division into lots:

No.

II.1.9)

Variants will be accepted:

Yes.

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

II.2.1)

Total quantity or scope:

Estimated value excluding VAT: 151 300 000 GBP.

II.2.2)

Options:

No.

II.3)

DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:

Starting: 17.12.2010. Completion: 29.12.2014.

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

 

III.1)

CONDITIONS RELATING TO THE CONTRACT

III.1.1)

Deposits and guarantees required:

The successful bidder is obliged to provide a parent company Deed of Indemnity in a form to be specified by the Ministry of Defence.

III.1.2)

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

The Prime Contract will be subject to pricing provisions based on an incentivisation mechanism called “Maximum Price, Target Cost”. The Prime contractor will be required to apply this pricing mechanism to sub-contractors/supply chain who will undertake work in excess of 50 000 GBP.

Payment will be made against key project milestones, subject to satisfactory performance.

III.1.3)

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

In the event of a joint venture or consortium submitting an acceptable offer, it will be necessary for each member of that joint venture or consortium to sign an undertaking that each member will be jointly and severally responsible for the due performance of the contract.

III.1.4)

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

Yes.

The contract will be subject to conditions based on the Defence Estates Generic Form conditions for Stand-Alone Capital Projects.

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: Candidates will be required to demonstrate that they are eligible to undertake the Prime Contract and will be required to provide the following as part of a Pre-qualification Questionnaire:

P1. All candidates are required to produce a certificate or declaration demonstrating that:

(a) they are not bankrupt or the subject of an administration order, or have any arrangement with or for the benefit of their creditors, or in Scotland, has granted a trust deed for creditors, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed, are not otherwise apparently insolvent or is the subject of any similar procedure under national laws and regulations;

(b) they are not the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court, or have suspended business activities or are the subject of any other similar proceedings under national laws and regulations;

(c) the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate:

(i) has not been convicted of a criminal offence relating to the conduct of his business or profession;

(ii) that they have not committed an act of grave misconduct in the course of their business or profession;

(iii) has not 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) the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of any of the following offences:

(i) conspiracy, relating to participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;

(ii) 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;

(iii) fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;

(iv) 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;

(v) bribery.

e) they have fulfilled obligations relating to the payment of taxes and social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established.

P2. All candidates are required to demonstrate:

(a) that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation;

(b) that they comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.

P3. A statement, signed at Company Director level, that all information provided is true, accurate and complete. 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;

P4. The name, address, telephone number and fax number of the point of contact for correspondence relating to this notice;

P5. The name, address and registration number of the entity that would enter into any contract resulting from the competitive tender exercise (i.e. Companies House registration details).

III.2.2)

Economic and financial capacity:

Information and formalities necessary for evaluating if requirements are met: Candidates will be required to demonstrate that they have the appropriate financial standing to undertake the Prime Contract and will be required to provide the following as part of a Pre-qualification Questionnaire:

F1. A statement covering the most recent 3 financial years, of the overall turnover of the candidate (in the case of JV’s, for each participating candidate) and turnover in respect of the activities similar to those described in this notice;

F2. Copies of the latest audited report and company accounts for the last 3 years for candidate, sponsor(s) and ultimate parent company/companies;

F3. Details of insurance cover (including copies of certificates) for the following types of insurance: Employers’ Liability, Contractor’s All Risks, Public Liability, and Professional Liability;

F4. A copy of the company fraud policy statement;

F5. Registration/certification under the HM Revenue and Customs Construction Industry Scheme (HMRC CIS) will be a pre-requisite to contract award. If already registered/certified, provide evidence of CIS status.

III.2.3)

Technical capacity:

Information and formalities necessary for evaluating if requirements are met:

Candidates will be required to demonstrate that they have the appropriate technical capacity to undertake the Prime Contract and will be required to provide the following as part of a Pre-qualification Questionnaire:

T1. A statement of the candidate’s average total number of staff and average number of managerial staff over the previous 3 years, broken down to demonstrate different disciplines;

T2. Where known, the name and address of consultants, sub-contractors or suppliers who may be engaged in tendering for the requirement. Identify what liabilities/share agreements will be in place;

T3. A copy of the candidate’s Health and Safety Policy Statement and the contents list of the company Health and Safety manual. Provide a statement confirming the Candidate’s Health and Safety Policy and Manual complies with current legislation and its suitability/relevance to the nature of this requirement;

T4. Details of fatalities and serious reportable injuries/diseases in the last 5 years which shall take into account payroll employees, self-employed persons and sub-contractors/supply chain partners (where relevant);

T5. The Name and qualifications of the candidate’s Health and Safety Manager and details of any other key staff who will take responsibility for Health and Safety in the delivery of the requirements of this Notice;

T6. Evidence that the candidate is accredited to BS EN ISO 9001:2000 with appropriate registration and scope covering design and construction. Copies of registration certificates to be provided. If applicable, candidates should clearly state what exclusions from the full BS EN ISO 9001:2000 apply to their certification;

T7. When a Joint Venture or consortium expresses an interest, each consortium member must have the appropriate ISO accreditation, as above and be able to demonstrate a combined QA scope that covers all the requirements of this Notice. The Joint Venture/Consortium must obtain QA registration to ISO 9001:2000 within 12 months of contract award.

Note: Only companies registered by United Kingdom Accreditation Service (UKAS) (or European equivalent) will be invited to participate in any pre-qualification exercise.

T8. Evidence of certification for Environmental Management Systems to ISO 14001:2004;

T9. Details of 5 relevant projects carried out over the past 3 years, detailing project title, client, description, value, completion date, location, procurement route (e.g. traditional, Design & Build, Prime, PFI, etc.) and the name, address and telephone number of a client representative who may be able to provide references on performance.

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:

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.

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:

DE11/4668.

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:

23.10.2009 - 23:59.

IV.3.5)

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

30.7.2010.

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)

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:

Technical Support Provider:

The Ministry of Defence has appointed a Technical Support Provider to assist in the procurement and management of the Prime Contract. Any company already providing, or acting as a key supply chain member in the provision of the service of technical support for this project shall be debarred from offering to bid for this requirement and/or from being part of any bidder’s supply chain.

Industry Days: an initial industry day will be held at site on 12.10.2009. The aim of the event is to provide potential prime contractors with more detailed information about this aspect of Project Borona. Potential sub-contractors may also attend this event. Attendance is limited to a maximum of 3 per Prime candidate and 1 per sub-contractor/supplier. Candidates wishing to send representatives to the Industry Day shall provide by e-mail details of names, appointments, address, telephone number, e-mail address and car detail of nominees to the Defence Estates contact point named above by no later than 7.10.2009. A further site visit/Industry Day may be held following the issue of ITTs. If required, documents on MOD-specific requirements concerning counter-terrorist measures, sustainability, security requirements, open-book accounting, etc will be provided.

Expressions of Interest: candidates wishing to express an interest in tendering for this requirement should provide the required information in the same order as noted at Section III above and using the same numbering format. 2 copies of a simply bound document should be submitted to the contact point named above by the due date, plus a certified virus free copy on CD-ROM (compatible with Windows XP, MS Office 2003). Fax or e-mail submissions will not be considered. Submissions shall be limited to 20 pages (excluding copies of certificates/documents), any expressions of interest not complying with the above may not be considered, however, submission of the above information does not guarantee progression to the next stage. Consideration will only be given to those applicants who submit an expression of interest by the due date.

Completion of a Pre-Qualification Questionnaire will be required for consideration of selection to tender.

Note: Standard company literature or advertising material should not be submitted with the Expression of Interest.

The announcement of a future requirement is not to be construed as confirmation that a tender/contract will subsequently be issued. Announcements are for information only. Thus the issue of a possible future purchase notice, or the issue of a pre-qualification questionnaire (PQQ) or an invitation to tender is not to be construed as a commitment by the MOD to place an order as a result of the tendering exercise or at a later date. Any expenditure, work or effort undertaken prior to contract award is accordingly a matter solely for the commercial judgement of potential suppliers. Announcements herein may also be published in the MOD Defence Contracts Bulletin, the Official Journal of the European Union or the European Defence Agency’s Electronic Bulletin Board as appropriate.

Tracker Reference: TKR-2009923-DCB-1203431 GO Reference: GO-2009923-DCB-1203432.

VI.4)

PROCEDURES FOR APPEAL

VI.4.1)

Body responsible for appeal procedures:

VI.4.2)

Lodging of appeals:

VI.4.3)

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

VI.5)

DATE OF DISPATCH OF THIS NOTICE: 23.9.2009.

 

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