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IMPORTANT LEGAL INFORMATION

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PROJECT TITLE: UK-Nottingham: tramway works

Project number: 2009/S 185-266306

Type: PUBLIC WORKS CONCESSION

SECTION I: CONTRACTING AUTHORITY

 

I.1)

NAME, ADDRESSES AND CONTACT POINT(S):

Nottingham City Council ("Contracting Authority"), NET Project Office, 4th Floor, Lawrence House, Talbot Street, Attn: Kevin MacDonald, NET Phase Two Project Manager, UK-Nottingham NG1 5NT. Tel.  +44 1159156592. E-mail: Kevin.Macdonald@nottinghamcity.gov.uk. Fax  +44 1159156092.

Internet address(es):

General address of the contracting authority: www.nottinghamexpresstransit.com and www.netphasetwo.com.

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

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

Applications 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.

SECTION II: OBJECT OF THE CONCESSION

 

II.1)

DESCRIPTION OF THE CONCESSION

II.1.1)

Title attributed to the contract by the contracting authority:

Nottingham Express Transit Phase Two - Concession Agreement.

II.1.2)

Type of contract and location of works:

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities

NUTS code: UKF14 .

Main site or location of works: Nottingham.

II.1.3)

Short description of the contract:

Pursuant to powers conferred by the Greater Nottingham Light Rapid Transit Act 1994, the Contracting Authority together with Nottinghamshire County Council entered into a concession agreement in March 2000 for the design, construction, financing, commissioning, operation and maintenance of a light rail system known as "Nottingham Express Transit Line One" which runs between Hucknall in Nottinghamshire and Station Street in Nottingham City Centre, with a spur to the Phoenix Park and Ride Site ("NET Line One"). NET Line One has been in successful operation since March 2004 and currently carries more than 10 million passengers per annum.

It has always been the intention for NET Line One to be the first line of an integrated network. It is therefore proposed that the existing NET Line One arrangements will be terminated and that, under a new concession agreement ("Concession Agreement"), the Contracting Authority will procure the detailed design, construction, financing and commissioning of two further lines (collectively referred to as "NET Phase Two"), together with the operation and maintenance of the entire extended network ("Network") including NET Line One.

The Contracting Authority currently envisages that the concession period will be around 23 years from financial close. However, the Contracting Authority is open to considering alternative concession periods if candidates can demonstrate that better value for money can be achieved as a result.

The two new lines will serve the south western area of Greater Nottingham and will comprise one route of approximately 9,8 km to Chilwell via Queens Medical Centre and Beeston, and one route of approximately 7,6 km to Clifton via Wilford.

As part of its obligations under the Concession Agreement, the successful concessionaire will be required (amongst other things) to:

1. undertake the detailed design, financing, construction and commissioning of all new system infrastructure (including buildings, tramstops, signalling systems, trackwork, provision of power (including one or more substations), depot works, park & ride facilities, bridges and viaducts) required for NET Phase Two and carry out all other associated works (including highways and junction works and utility diversionary works);

2. take over operation and maintenance of NET Line One from the existing concessionaire and operate and maintain the Network;

3. take over maintenance of the existing vehicles from the existing concessionaire and/or replace such existing vehicles, and in either case supply and maintain further new vehicles; and

4. provide all other ancillary services and perform all other works relating to NET Phase Two and the Network as a whole.

In addition to the two new lines referred to above, the Concession Agreement will include a mechanism to enable the parties to agree terms in relation to the design, construction, financing, maintenance and/or operation of any future extensions and/or additions to the Network which may be proposed by the Contracting Authority in its absolute discretion from time to time.

The Contracting Authority currently considers that future extensions and/or additions to the Network may include (but are not limited to) all (or any part) of each (or any) of the following:

(a) tramway lines:

(i) from Hucknall to Linby;

(ii) from the park and ride facility at Phoenix Park to Kimberley and/or Watnall;

(iii) from Nottingham to West Bridgford towards Gamston and/or Tollerton and/or Edwalton and/or Ruddington;

(iv) Queens Medical Centre via Basford to Arnold;

(v) from Nottingham to Gedling;

(vi) from Nottingham to Gamston;

(vii) from Chilwell to Ilkeston;

(viii) from Clifton to south west of Clifton towards East Midlands Airport;

(ix) from Chilwell to Stapleford and/or Sandiacre;

(b) tram/train lines:

(i) from Nottingham to Gedling and/or Bingham;

(ii) from Nottingham to Ilkeston; in each case as varied or further extended by notice in writing from the Contracting Authority to the successful concessionaire from time to time and together with such other extensions and/or or additions to the Network as the Contracting Authority may notify to the successful concessionaire in writing from time to time.

For the avoidance of doubt, the Contracting Authority reserves the right to elect not to procure any future extensions and/or additions to the Network during the concession term.

It is of key importance to the Contracting Authority that the solution offered by the successful concessionaire is, in a cost effective way, fully compatible and integrated with NET Line One. To assist candidates with this and in order to provide candidates with sufficient detail to give a greater level of certainty to the scope, costs and implementation programme of NET Phase Two, the Contracting Authority has appointed Mott MacDonald to produce a verified and validated design in respect of some key areas of NET Phase Two ("Illustrative Design Solutions") based upon defined scheme requirements. The Illustrative Design Solutions will be provided to candidates at a later stage and a warranty will be provided by Mott MacDonald to the successful concessionaire, such that candidates are able to rely on the Illustrative Design Solutions with confidence but without constraining their ability to be innovative where they wish to do so.

NET Phase Two is to be funded in part through farebox revenue, in part through funding provided by the Contracting Authority and in part pursuant to the United Kingdom Government's Private Finance Initiative. Government Programme Entry funding approval was granted in respect of NET Phase Two in October 2006 and conditional approval was granted in August 2009. An application for an order under the Transport and Works Act 1992 was submitted in April 2007 and, following a public inquiry, the order was made on 19.5.2009 and came into force on 9.6.2009.

Further information in respect of NET Phase Two will be provided with the pre-qualification questionnaire which may be obtained from the address specified in section I.1 above.

II.1.4)

Common procurement vocabulary (CPV):

45234121, 45234126, 45234128, 45213300, 44212224, 31321100, 31682400, 34600000, 34622100, 34630000, 45234116, 60210000, 71320000, 34622000, 34941300, 45234000, 45234200, 60000000, 60112000, 60200000, 34942000, 45316200, 50100000, 50200000, 45223320, 45232220, 45200000, 45100000, 45232200, 45220000, 45315100, 45315300, 45317000, 45310000, 45351000, 45230000, 45231400, 45232000, 45233000, 45111200, 45233100, 45233210, 45233300, 45233125, 45233200, 50220000, 50225000, 45317300, 50710000, 50711000, 50532000, 50532400, 45232210, 31321000, 50111000, 45234127, 42965110, 31682540, 45223300.

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

II.2.1)

Total quantity or scope:

See Section II.1.3 above.

II.2.2)

Minimum percentage of the works to be awarded to third parties:

Nil.

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

 

III.1)

CONDITIONS FOR PARTICIPATION

III.1.1)

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: See the Prequalification Questionnaire.

III.1.2)

Economic and financial capacity:

Information and formalities necessary for evaluating if requirements are met: See the Prequalification Questionnaire.

Candidates should note that they may be excluded from the procurement process if, following financial evaluation by the Contracting Authority (such evaluation to be conducted in accordance with the criteria specified in (or otherwise accompanying) the Prequalification Questionnaire), the Contracting Authority:

(a) does not consider that the candidate has sufficient economic and financial standing to deliver the project;

(b) considers that any consortium member is likely to become insolvent within the following 12 months.

III.1.3)

Technical capacity:

Information and formalities necessary for evaluating if requirements are met: See the Prequalification Questionnaire.

SECTION IV: PROCEDURE

 

IV.1)

AWARD CRITERIA:

Candidates will be assessed on the basis of information provided in response to a pre-qualification questionnaire ("PQQ") which is available on request from the Contracting Authority at the address specified in Section I.1) above. The detailed evaluation criteria for the PQQ stage will be specified in (or otherwise accompany) the PQQ.

Following prequalification of candidates, an Invitation to Negotiate will be issued to shortlisted candidates. The award criteria for the concession agreement will be the most economically advantageous offer assessed in accordance with the criteria to be specified in the Invitation to Negotiate documentation.

IV.2)

ADMINISTRATIVE INFORMATION

IV.2.1)

File reference number attributed by the contracting authority:

IV.2.2)

Time-limit for the submission of applications:

10.11.2009 - 12:00.

IV.2.3)

Language(s) in which applications may be submitted:

English.

SECTION VI: COMPLEMENTARY INFORMATION

 

VI.1)

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

No.

VI.2)

ADDITIONAL INFORMATION:

For the purposes of the Public Contracts Regulations 2006, the Concession Agreement comprises a public works concession and consequently certain parts of those regulations do not apply to this procurement. In particular, the Contracting Authority has voluntarily elected to follow a form of the negotiated procedure although candidates should note that this may not necessarily follow the text of regulation 17 which does not apply to public works concessions.

As detailed in Section II.1.3) above, the Concession Agreement will include a mechanism relating to future extensions and/or additions to the Network.

The Contracting Authority may also include an option or other mechanism to extend the initial contract term and/or to include additional works, services and/or supplies within the scope. Furthermore, a public works/services contract for new works/services which would be a repetition of any works/services provided (or which are to be provided) under any contract awarded pursuant to the procurement process commenced by the publication of this contract notice may be awarded by the Contracting Authority without prior publication of a contract notice using the negotiated procedure in accordance with Regulation 14(1)(d)(ii) of the Public Contracts Regulations 2006.

Performance bonds, parent company guarantees, collateral warranties, warranties, retentions and/or other forms of security may be required.

The Contracting Authority expressly reserves the right:

(i) not to award any contract as a result of the procurement process commenced by the publication of this notice;

(ii) at any time to suspend, abandon and/or recommence the procurement process commenced by the publication of this notice;

(iii) to make whatever changes it may see fit to the content, process, timing and structure of the tendering competition;

(iv) not to evaluate any PQQ responses or tender submissions received after the relevant deadline;

(v) to award one or more contracts in respect of part only of the requirements covered by this contract notice; and

(vi) to procure the whole or any part of the requirements covered by this contract notice by any other means it sees fit (including by way of a new procurement process), and in no circumstances will the Contracting Authority be liable for any costs, losses, damages or expenses incurred by any person participating in the procurement process.

The Contracting Authority reserves the right to amend the project programme and/or its duration at its absolute discretion.

Candidates which alter their composition after submitting a response to the PQQ may be the subject of re-evaluation.

The Contracting Authority and/or another duly authorised or related body may enter into any contract to be awarded as a result of the procurement process initiated by the publication of this contract notice.

Variant bids may be permissible within the parameters to be determined by the Invitation to Negotiate or other procurement documentation.

VI.3)

PROCEDURES FOR APPEAL

VI.3.1)

Body responsible for appeal procedures:

See Section VI.3.2 below.

VI.3.2)

Lodging of appeals:

Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a minimum 10 calendar day standstill period ("Standstill Period") at the point information on the award of the contract is communicated to the candidates. This period allows unsuccessful candidates to seek further debriefing from the Contracting Authority before a contract is entered into. Unsuccessful candidates will have up to 2 working days from the notification of the award decision to request further debriefing and such further debriefing will be provided a minimum of 3 working days before the expiry of the Standstill Period. Such further debriefing must be requested from the addressee specified in Section I.1.

If an appeal regarding the award decision has not been successfully resolved, the Public Contracts Regulations 2006 provide for aggrieved parties who have been harmed or who are at risk of harm by breach of the regulations to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (and generally within 3 months). Where a contract has not been entered into as a result of the procurement process, the Court may order the setting aside of the award decision or order the Contracting Authority to amend any document and/or the Court may award damages in favour of the claimant. The purpose of the Standstill Period is to allow persons to apply to the Court to set aside the award decision before any contract is entered into.

VI.3.3)

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

VI.4)

DATE OF DISPATCH OF THIS NOTICE: 24.9.2009.

 

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