UK-Leeds: procurement consultancy services

Request For Proposals

Country:

United Kingdom

City/Locality:

LEEDS

Notice/Contract Number:

eu:60408-2010

Publication Date:

Feb 27, 2010

Deadline:

Apr 6, 2010

Buyer:

HIGHWAYS AGENCY

Original Language:

English

Address:

HIGHWAYS AGENCY
LEEDS, UNITED KINGDOM
United Kingdom

Web Site:

www.highways.gov.uk

view in:

Notice Type: 2220 - Contract notice
Regulation of Procurement: European Communities, with participation by GPA countries
EU Official Journal Publication: 41/2010, #60408-2010
Contract Nature: Service contract
Procedure Type: Restricted procedure
Type of Bid Required: Global tender
Awarding Criteria: The most economic tender

view in:

CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): Highways Agency, Lateral, 8
City Walk, Attn: Jakki Farrell, Leeds LS11 9AT, UNITED KINGDOM. Tel. +44
1132835838. E-mail: jakki.farrell@highways.gsi.gov.uk.
Internet address(es):
General address of the contracting authority: www.highways.gov.uk.
Further information can be obtained at: Bravosolution etendering site.
URL: https://highways.bravosolution.co.uk/web/login.shtml.
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
As Above. URL: https://highways.bravosolution.co.uk/web/login.shtml.
Tenders or requests to participate must be sent to: As Above. URL:
https://highways.bravosolution.co.uk/web/login.shtml.
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
National or federal agency/office.
Other: Transport.
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:
Dispute resolution, insurance & procurement (DRIP) framework.
II.1.2) Type of contract and location of works, place of delivery or of
performance: Services.
Service category: No 27.
Main place of performance: England.
NUTS code: UK.
II.1.3) The notice involves: The establishment of a framework agreement.
II.1.4) Information on framework agreement: Framework agreement with
several operators.
Maximum number of participants to the framework agreement envisaged: 12.
Duration of the framework agreement: Duration in months: 36.
Estimated total value of purchases for the entire duration of the
framework agreement:
Estimated value excluding VAT:
Range: between 0 and 36 000 000 GBP.
II.1.5) Short description of the contract or purchase(s): To obtain
expert Dispute Resolution, Insurance and Procurement (DRIP) advice. This
will assist in the continued development, support and implementation of
the Agency’s existing contracting arrangements and new contract
requirements.
Due to the changing nature of the Agency’s core business, from road
builder to Network Operator, there are a number of issues currently
identified as potential work areas. The list below indicates typical areas
of work activity but is not exhaustive:
Support for Roads Procurement (including Design, Build, Finance & Operate;
Managing Agent Contracts and Major Projects).
Development of collaborative forms of contracts between the Highways
Agency and Local Authorities.
Development of Traffic Officer role.
Procurement supporting Roads and Highways Agency Infrastructure (including
Facilities & Estates Management; Research & Development and Computer &
Related services).
II.1.6) Common procurement vocabulary (CPV): 79418000, 73000000,
66519310, 79422000, 79418000, 66518100.
II.1.7) Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8) Division into lots: Yes.
Tenders should be submitted for: all lots.
II.1.9) Variants will be accepted: No.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope: 1) The Framework arrangement will be
awarded for a period of 3 years with an option to extend for up to another
12 months depending on performance and Highways Agency (HA) Strategy.
2) This Arrangement may be accessed by other Central Government
Departments and Local Government Bodies. The Framework value of 36 000 000
GBP includes this collaboration as well as HA contingency for unforseen
circumstances across all spend areas. It may be necessary for the proposed
allocated amounts to be redistributed subject to HA requirements.
3) Proposed spend allocated as follows:
3a) 9 600 000 GBP HA expected total for all Lots, broken down to;
3a.i) Lot 1 Disputes Resolution 400 000 GBP
3a.ii) Lot 2 Insurance 1 200 000 GBP
3a.iii) Lot 3 Procurement 8 000 000 GBP
3b) 1 000 000 GBP HA contingency for additional services spread across all
Lots
3c) 8 400 000 GBP for potential collaboration use by other contracting
authorities
3d) 17 000 000 GBP to allow for provision of regulation 14(d)(ii)
Estimated value excluding VAT:
Range: between 0 and 36 000 000 GBP.
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
TITLE: Disputes Resolution
1) SHORT DESCRIPTION: Provision of Dispute Resolution Advice. The Agency
requires advice and representation in commercial and contractual disputes,
live or contemplated court proceedings plus Alternative Dispute Resolution
mechanisms. Provision of independent, professional advice to the contract
Manager on civil engineering and quantity surveying aspects of potential
disputes. Provision of independent and professional advice to the Contract
Manager on civil engineering and quantity surveying aspects of disputes
referred to adjudication/arbitration. Provision of advice as required on
dispute management in all phases of the adjudication/arbitration
procedures to procure satisfactory settlement or award at
adjudication/arbitration. Provision of advice when requested on disputes
using mediation, conciliation and adjudication procedures.
Provision of ad hoc information when requested on possible disputes.
Provision of advice and support to the Agency on the merits of possible
disputes and claims for negligence against suppliers.
2) COMMON PROCUREMENT VOCABULARY (CPV): 79422000.
3) QUANTITY OR SCOPE: Estimated cost excluding VAT:
Range: between 0 and 36 000 000 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: It is intended to Invite up to 8
suppliers for Disputes Resolution, and Award to up to 3 suppliers. 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
TITLE: Insurance Advice
1) SHORT DESCRIPTION: Provision of independent Insurance advice, and
brokerage services. The Agency requires Service Providers to provide
sufficient insurance cover and therefore advice is required to make sure
the contractual obligations of Service Providers are met. Assessment and
evaluation of current insurances to identify any new risks and advice on
insurance issues surrounding the renewal of insurance policies will be
required. Advice will also be required on potential liabilities for the
Agency together with proposals and solutions to mitigate and control these
issues. From time to time suppliers may be required to provide brokerage
services for insurances for the HA.
2) COMMON PROCUREMENT VOCABULARY (CPV): 66519310, 66518100.
3) QUANTITY OR SCOPE: Estimated cost excluding VAT:
Range: between 0 and 36 000 000 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: It is intended to Invite up to 6
suppliers for Insurance Services and Award to up to 3 suppliers. The
Contracting Authority intends to use an eTendering system in this
procurement exercise and reserves the right to use a reverse auction.
LOT NO 3
TITLE: Procurement Advice
1) SHORT DESCRIPTION: Provision of commercial advice during the
development of new contract strategies. Provision of the development of
new forms of contract and associated supplier assessment processes to meet
the Agency’s changing needs and assistance in their implementation and
support. These may be prepared either as model documents or for specific
projects, together with any necessary explanatory and supporting
documentation.
Provision of continued development work and support to established
contract agreements to meet the Agency’s changing needs.
Provision of reviews of the Agency’s existing contracts and supplier
assessment processes for compliance with best practice, and making
proposals for change. This will typically include the early identification
of changes to public sector procurement rules (either nationally, within
the European Union or internationally) that may affect any of the Agency’s
contracts and making proposals for change. Provision of support and advice
for existing PFI contracts, including DBFO. Provision of advice to support
the development, implementation and communication of existing and new
procurement strategies consistent with the Procurement Strategy. This may
include, but not limited to: Value for money analysis, delivering quality,
commercial focus, category management, performance measurement and
sustainable procurement. Provision of assessors, support and advice for
individual pre-qualification exercises and tendering exercises. Provision
of behavioural and collaborative facilitation and assessment development.
2) COMMON PROCUREMENT VOCABULARY (CPV): 79418000, 73000000.
3) QUANTITY OR SCOPE: Estimated cost excluding VAT:
Range: between 0 and 36 000 000 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: It is intended to Invite up to 10
suppliers for Procurement Services and Award to up to 6 suppliers. 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 notified via this site.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions regulating them: The contracting
authority reserves the right to request deposits, guarantees, bonds or
other forms of appropriate security.
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 to which the performance of the
contract is subject: Yes.
The specific contracting conditions will be agreed during the Tendering
and Awarding stages.
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: Suppliers
instructions 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 in the "actions" box on the
left-hand side 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 the "settings and
buyer attachments" in the "actions" box
3. Responding to the tender - You can now choose to "reply" or "reject"
(please give a reason if rejecting) - 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
publish your reply using the publish button in the "actions" box on the
left-hand side of the page. If you require any further assistance please
consult the online help, or contact the eTendering help desk.
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating if requirements are met: Any supplier may be
disqualified who:
(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. Information and
formalities necessary for evaluating if requirements are met Certificate
of enrolment on the professional or trade register under the conditions
laid down by the laws of the Member State in which the economic operator
is established, for instance on the Register of Companies in the United
Kingdom and Ireland or declaration on oath or solemn declaration.
Minimum level(s) of standards possibly required: Financial capacity -
applicants submitting an expression of interest should provide their
constructionline registration number. For Joint Ventures 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. The last three
years audited accounts will be required should applicants not be
registered with constructionline.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
Means of proof required - Contractor must provide (along with their
expression of interest to this Notice) the following:
(a) a list of the applicant companies that will contract directly with the
Highways Agency 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) for the Contractor and any applicant companies identified under
Section III.2.3 (a) they will be required to demonstrate technical
capacity and past experience carried out over the past three years,
against the criteria of the pre-qualification mini pack.
III.2.4) Reserved contracts: No.
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 number of operators 24
Objective criteria for choosing the limited number of candidates:
Pre-qualification Mini Pack.
IV.2) AWARD CRITERIA
IV.2.1) Award criteria: The most economically advantageous tender in
terms of the criteria stated below:
1. Price. Weighting: 30.
2. Quality. Weighting: 70.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1) File reference number attributed by the contracting authority: HA
114/2/1398.
IV.3.2) Previous publication(s) concerning the same contract: Notice on a
buyer profile
Notice number in OJ: 2010/S 28-040271 of 5.2.2010.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
6.4.2010 - 14:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to
selected candidates: 4.5.2010.
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up: English.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1) THIS IS A RECURRENT PROCUREMENT: Yes.
Estimated timing for further notices to be published: Three years.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU
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.
1) This Framework does not include any provision for Legal Advice, as this
is now available to the Agency through the DfT Commercial collaborative
call-off arrangement.
2) Following pre-qualification, Vendor Ratings will be calculated using
the Pre-Qualification Mini-Pack, 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 as an
applicant company. While all parts of the Pre-Qualification Mini-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 this contract will be compiled from the highest Vendor Rated
expressions of interest subject to an overview of market issues and other
relevant circumstances. past performance data submissions are required in
the form of reference contracts per the specific Mini Pack relating to
each Lot (for each of the applicant companies) carried out over the past
three years that are of a similar type, value & complexity to that
described in Section II of this Notice. 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.
3) 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.
4) This framework may be extended by a further 12 months. However, the
Secretary of State reserves the right not to award any arrangement or lot
as a result of this competition, and reserves the right to cancel this
competition at any stage. This Arrangement may be accessed by other
Central Government Departments and Local Government Bodies (refer to
section II.2.1 (points 2 & 3 for further details) and is subject to
completion of a further access agreement with those users.
5) The Highways Agency (HA) reserves the right to exclude Applicant
Companies from this contract award process at any time if it reasonably
considers that any actual or potential conflict of interest exists:
5a) Applicant Companies must confirm that neither they nor any of their
associated companies has or is likely to have any conflict of interest in
relation to the performance of this contract, including but not limited to
a conflict arising from;
(i) Where any company that is or is due to be contracted to the HA is an
associated company of the selected contractor, or the same person, company
or associated company holds shareholdings and/or voting rights of more
than 10 % (directly or indirectly) in both the contracted company (or any
of its associated companies) and the selected contractor (or any of its
associated companies);
(ii) Where there is a commercial relationship (e.g. supplier/customer)
between the selected contractor (or any of its associated companies) and a
contracted company (or any of its associated companies), or where either
the selected contractor or a contracted company (or an associated company
of one of those companies) is bidding or is considering bidding to enter
into a commercial relationship with the other (or with an associated
company of the other);
5b) Applicant companies must provide details of any such actual or
potential conflict of interest where a relevant employee, agent,
contractor or officer of the selected contractor has a personal
relationship (such as - without limitation - spouse, sibling, parent,
etc.) with a relevant employee or officer of a contracted company (or of
any of its associated companies). The HA will make a decision as to
whether this constitutes a significant conflict of interest and reserves
the right to exclude Applicant Companies where it deems there to be a
significant conflict of interest.
5c) Applicant Companies must inform the HA promptly in writing of any
change in circumstances that would or may result in their confirmation
given under (a) above ceasing to be wholly correct and complete. Failure
to inform the Highways Agency promptly of any such change in circumstances
may result in the exclusion of them from this contract award process.
Applicant Companies will be excluded from this contract award process if
they make a false or materially incomplete declaration in relation to any
of the above points.
6) The HA will not pay any costs incurred by any supplier or potential
supplier in connection with this competition.
7) The HA may award another Framework with any or all of the successful
applicant companies in line with the provision of Regulation 14(d)(ii) of
the Procurement Regulation 2006/5.
8) Supplier selection for a Call-off from the Framework will be by ongoing
performance (against previous work), technical ability, resource
availability and cost.
VI.4) PROCEDURES FOR APPEAL
VI.4.2) Lodging of appeals: Precise information on deadline(s) for
lodging appeals: The Highways Agency will incorporate a minimum 16
calendar day standstill period at the point information on the award of
the contract is communicated to tenderers along with their debriefing.
This period allows unsuccessful tenderers, with sufficient grounds, to
consider a challenge against an award before the contract is entered into.
If an appeal regarding the award of a contract has not been successfully
resolved prior to the end of the Standstill period the Public Contracts
Regulations 2006 (SI 2006 No 5) and the 2009 Amending Regulations provide
for aggrieved parties who have been harmed or are at risk of harm by a
breach of the rules to bring action in the High Court (England, Wales and
Northern Ireland). Any such action must be brought promptly (generally
within 3 months). Where a 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 order the (prospective) ineffectiveness of a contract,
where certain serious rule breaches have occurred, in addition to any
fine: The court may instead provide for alternative penalties; either
contract shortening, fines, or both.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 24.2.2010.

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UK-Leeds: procurement consultancy services

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