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:Asset Support Framework: North & South.

Contract notice

Works

Section I: Contracting authority

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

Highways Agency
Woodlands, Manton Lane, Manton Industrial Estate
Contact point(s): Chris Roy, Keith Mason
MK41 7LW Bedford
UNITED KINGDOM
Telephone: +44 1234796352
E-mail:

Internet address(es)

General address of the contracting authority http://www.highways.gov.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: yes

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Asset Support Framework: North & South.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Main site or location of works: 1. ASF North - Main Site or location of works Highways Agency Maintenance Areas 7,9,10,12,13,14 (Midlands and North England) and the local authority networks wholly or partly in those Areas and the option to instruct work on HA DBFO routes.
2. ASF South - Main Site or location of works Highways Agency Maintenance Areas 1,2,3,4,6 and 8 (East, South East and South West England), the local authority networks wholly or partly in those Areas and the option to instruct work on HA DBFO routes (including HA area 5).

The networks and Local Authorities covered by each of the HA maintenance areas can be identified by following the link below http://www.highways.gov.uk/aboutus/139.aspx.

NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged 10

Duration of the framework agreement

Duration in years: 3

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 0 and 1 122 000 000 GBP
II.1.5)Short description of the contract or purchase(s)
The contract coverage includes those surfacing works, bridgeworks, technology related works, highway maintenance, strengthening and improvement works, and general roadworks that will not be delivered via other contracts.
The contract will be structured either:
(i) as two separate frameworks (one framework for ASF North and one framework for ASF South); OR
(ii) as a single framework in two lots (one lot for ASF North and one lot for ASF South). In both instances, bidders will be able to bid for either one or both frameworks or lots (as appropriate).
Duration: 36 months with the option to extend by up to a further 12 months.
Expected Start Date: Summer 2012.
Maintenance works and small improvement schemes in the range of 0 - 15 000 000 GBP per task order.
It is envisaged that ASF framework contractors will make use of the Highways Agency’s enabled Category Management Frameworks as they become available.
The proposed Frameworks are:
Gantries.
Pavements.
Traffic Management.
Technology.
Earthworks.
Potential bidders should therefore note, and comply with, the requirements in relation to conflict of interest set out in section VI.3 below.
Public accessibility: During the course of this framework contract, the Agency will be exploring opportunities to make it accessible to other Contracting Authorities. The framework offers no guarantee of a minimum amount of work either by value or by number of task orders.
It is envisaged that a maximum of 10 applicant companies will be invited to tender for each lot and that up to 5 applicant companies will be placed on each lot under the framework. This framework is designed to have a 3 year duration but will include the option to extend by 1 further year beyond that.
II.1.6)Common procurement vocabulary (CPV)

45000000, 45233000, 45233100, 45233139, 45233140, 45233210, 45233220, 45233221, 45233223, 45233142, 45233141

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: yes
Tenders may be submitted for one or more lots
II.1.9)Information about variants
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope
The estimated range of values quoted below are over the complete length of the contract.

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 0 and 1 122 000 000 GBP
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: 36 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: LOT 1 - ASF North
1)Short description
Main Site or location of works Highways Agency Maintenance Areas 7,9,10,12,13,14 (Midlands and North England) and the local authority networks wholly or partly in those Areas and the option to instruct work on HA DBFO routes.
2)Common procurement vocabulary (CPV)

45000000, 45233000, 45233100, 45233139, 45233142, 45233141, 45233140, 45233210, 45233220, 45233221, 45233223

3)Quantity or scope

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 0 and 637 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 36 (from the award of the contract)
5)Additional information about lots
The Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction.
Lot No: 2 Lot title: ASF South
1)Short description
Main Site or location of works Highways Agency Maintenance Areas 1,2,3,4,6 and 8 (East, South East and South West England), the local authority networks wholly or partly in those Areas and the option to instruct work on HA DBFO routes (including HA area 5).
2)Common procurement vocabulary (CPV)

45000000, 45233000, 45233100, 45233220, 45233221, 45233223, 45233210, 45233142, 45233141, 45233140, 45233139

3)Quantity or scope

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 0 and 485 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 36 (from the award of the contract)
5)Additional information about lots
The Contracting Authority intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required
Those invited to tender will be advised in the tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them
Those invited to tender will be advised in the tender 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 expression of 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 should they be selected to tender.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Ultimate 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 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(b) corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906;
(c) the offence of bribery;
(c) (a) bribery within the meaning of section 1 or 6 of the Bribery Act 2010;
(d) fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, 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 and the Theft Act 1978;
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985;
(v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993; or
(vii) destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;
(e) money laundering within the meaning of the Money Laundering Regulations 2003; 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.
The Highways Agency shall treat as ineligible and shall not select a supplier has been convicted of any of the above offences.
The Highways Agency 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), the Highways Agency 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 (i) it or any of its directors any other person who has powers of representation, decision or control of the supplier is applicable. The Highways Agency 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 bankrupt or has had a receiving order or administration order or bankruptcy 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 required of him under Regulation 23 of the Public Contracts Regulations 5/2006, as amended;
(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;
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Economic operators or Incorporated Joint Ventures (Single Legal Entities) submitting an expression of interest should provide their Constructionline registration number. For Unincorporated Joint Ventures submitting an expression of interest 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 please immediately inform the contact at point I.1.
Minimum level(s) of standards possibly required:
The Constructionline Notation Value for this contract is 15 000 000 GBP.
The Constructionline Categories of Work for this contract are:
Civil Engineering Construction.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Economic Operators must provide with their expression of interest to this Notice the following:
(a) a list of the applicant companies that will contract directly with the HA whether in their own rights or as part of a Joint Venture or other formal partnership to provide the technical capacity necessary to deliver the work under the contract and a statement of the technical services provided by any such companies.
(b) the economic operator and any applicant companies identified under point III.2.3(a) will be required to demonstrate technical capacity and past experience carried out over the past eight years against the following criteria:
Did your duties within this contract require you to:
1) operate as an integrated team e.g. client, extended supply chain, other service providers,
2) liaise with and manage expectations of stakeholders and third parties including the general public?
3) operate a robust quality management, budget management, project management and cost capture process?
4) identify and take action to manage risk on behalf of the client
5) fulfil the role of principle contractor under cdm regulations?
6) fulfil the role of designer under cdm regulations?
7) produce a target cost submission?
8) operate a robust programme management and time forecasting processes.
9) comply with a construction quality plan?
10) conduct significant traffic management.
11) deliver improvements to an infrastructure network.
12) maintenance of an infrastructure network
13) delivery of improvements/maintenance of significant structures.
More details can be found in PQP Guidance section 4 Technical Ability Guidance in the Pre-Qualification Pack - see V1.3 addition Information.
For the Contractor and applicant companies identified under section III.2.3(a) a Highways Agency Health & Safety Assessment Certificate.
For any contractor/ applicant company who has not undergone an assessment, answers to the questions on the Health & Safety Questionnaire Sheet (document A4 of the Pre-.
Qualification Pack). This is required to enable the Highways Agency to fulfil its statutory duties under the Construction (Design and Management) Regulations 2007.
See point VI.3 Additional Information for full details of how to obtain the PQP.
Minimum level(s) of standards possibly required

Means of proof required - The information required must be submitted on standard Highways Agency forms that are obtained from 'Opportunities and Notices' on the e-Sourcing portal (https://highways.bravosolution.co.uk. See V1.3).

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
Accelerated restricted
Justification for the choice of accelerated procedure A faster procurement process to benefit economies by providing a quicker distribution of public funds into markets.
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 20
Objective criteria for choosing the limited number of candidates: See V1.3 Additional Information.
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:
project_444: Asset Support Framework: North and South
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2011/S 162-267419 of 25.8.2011

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: 20.10.2011 - 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
20.10.2011 - 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
How to Express Interest 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.uk and 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 the page. - This will move the PQQ /ITT into your 'My PQQs/ My ITTs' page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking '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 to '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 & 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.
Following pre-qualification, Vendor Ratings will be calculated for each lot using validated Past Performance Data (PPD) and Added Value scores, at a ratio of 95:5 (95 % PPD and 5 % Added Value), for those companies listed under III.2.3(a) of this Notice that the Highways Agency deems to have a significant impact on the delivery of the work under the contract. While all parts of the Pre-Qualification Pack must be completed and returned it will only be assessed if it is necessary to produce a short-list from the number of applications received. The tender list for each lot under this contract will be compiled from the highest Vendor Rated expressions of interest for that lot subject to an overview of market issues and other relevant circumstances.
Past Performance Data submissions are required in the format of details of two reference contracts for each lot if appropriate (that is two reference contracts for each of the applicant companies) carried out over the past eight years that are of a similar type, value & complexity to that described in Section II of this Notice. In expressing interest suppliers should state clearly which of the lots to bid for. Suppliers may express interest in bidding for both lots. In this paragraph relevant is to be interpreted as similar highways contracts or other non-highway infrastructure contracts in which there is a significant commonality of management and construction disciplines. Relevance will be assessed using the criteria listed on Annex C.4 PPD Relevance Answer Sheet.
A contractor may express interest in tendering for the North, South or both lots. The Agency cannot guarantee to meet any applicant company’s preference and may issue invitations for any, or none, of the lots applied for.
The numbers stated in sections II.1.4 and IV.1.2 above are applicable to the whole framework. It is the intention that up to 10 bidders will be invited to tender for each lot with a view to appointing up to 5 contractors for each.
The tenderer with the most economically advantageous tender will be required to sign the Highways Agency 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 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.
Government Departments and Agencies 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 Agency Board has agreed a target to have one apprenticeship created for every 20 000 000 GBP spent through a contract. HA Board has identified that Providers delivering the ASF North & ASF South (Asset Support Frameworks) are expected to contribute in delivering this target.
Contractors should note that the Highways Agency may choose to publish the names of Contractors on its tender list for this contract after invitation to tender letters have been dispatched.
This procurement falls within the scope of the HM Revenue and Customs Construction Industry Scheme.
The successful Contractors will be appointed to fulfil the duties of Principal Contractor, for the purposes of the Construction (Design and Management) Regulations 2007.
The information required must be submitted on standard Highways Agency forms that are contained in the PQP.
Bidders should note that following evaluation of ITT responses, it is the Highways.
Agency’s intention to appoint [up to [5] suppliers onto each lot in the Framework.
Following award of contract, the Highways Agency will take the tendered rates from each of the successful suppliers on the Framework and calculate an average rate for each item in the schedule of rates.
This rates book will then be applied to each supplier on the Framework as the starting point from which target costs for work contracted under the Framework will be set, subject to any secondary competition process. Further details regarding how these average rates will be calculated will be set out in the tender documentation.
Bidders should also note that nothing in the tender documentation shall be taken as constituting an offer, contract (whether implied or otherwise) or agreement between the Highways Agency and any other party.
The Highways Agency reserves the right to cancel, amend or vary the tender process at any point prior to the award of the contract.
Any award of contract is subject to the supplier agreeing to be bound by the average rates calculated by the Highways Agency and signing a Framework Agreement with the.
Highways Agency to that effect.
All bidders will be required to confirm at this PQP stage that they are willing to bound by the average rates calculated. A bidder failing to comply with this requirement will not be considered further in any competition resulting from this notice.
The framework contract will state that any appointed framework contractor will not be allowed to bid for work where the Highways Agency believes there is a conflict of interest with the contractor supervising the work on behalf of the Highways Agency.
The definition of conflict of interest in this context is that the framework contractor is a Managing Agent Contractor / Asset Support Contractor/ or other provider or part of a Managing Agent Contractor/ Asset Support Contractor/ other consortium that will be acting as the supervisor for the work.
It is the intention that framework contractors will make use of the Highways Agency's category management frameworks for gantries, pavements, earthworks, traffic management and any future category management arrangements placed by the Highways Agency.
The appointed framework contractors will be expected to source suppliers from the HA category management framework agreements to whom they will subcontract elements of work,
The framework contract and pre-qualification documents will require potential or appointed ASF framework contractors to notify the Highways Agency and produce a plan to remove any conflict of interest.
If the Highways Agency considers that this plan will not remove the conflict of interest, it reserves the right to exclude that contractor from further participation in the.
Powered by BravoSolution eSourcing Technology 24 / 28 competition arising from this contract notice, exclude an appointed framework contractor to bidding for work under ASF where there is a conflict; or ultimately to terminate the contract with the framework contractor.
The Highways Agency reserves the right to not invite a potential framework contractor to tender for the framework where there remains an unresolved conflict of interest.
The definition of conflict of interest in this context includes the examples listed above and covers instances where procedures can not be put in place to guarantee and demonstrate that treatment of all category management suppliers will be fair, open, and transparent, and all information relating to suppliers will be kept confidential and will not be used to gain a commercial advantage for the framework contractor.
The Agency may require framework contractors to enter into an appropriate confidentiality agreement in relation to the operation of the category management contracts.
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 Highways Agency will incorporate a minimum 10 calendar 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 2006 (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:
29.9.2011