Public procurement notice: Contract Notice
Published: 2016-08-03
Buyer: Highways England
Country: UK
Region: Wiltshire CC
Contract type: Services
Procedure: Open procedure
CPV classification: 71310000 | 71311000: Civil engineering consultancy services | 71320000 | 71500000
Estimated value: 40000000 GBP
Submission deadline: 2016-09-28
Award criteria: The most economic tender

Technical requirements: The A303 Amesbury to Berwick Down serves the Stonehenge and Avebury World Heritage Site currently forming a bottleneck for users of the route resulting in an adverse impact on the cultural heritage landscape, the surrounding natural environment and the community of Winterbourne Stoke. There is severe congestion, particularly during the summer months, in addition to poor safety performance. The proposed scheme forms part of a package of proposals for the A303/A30/A358 corridor to improve the vital connection between the South West, London and the South East, and includes the upgrade of remaining single carriageway sections on the route to dual carriageway. As part of the proposals, this scheme is stated as a priority project in the National Infrastructure Plan 2014, and is listed within the top 40 priority infrastructure projects. The Road Investment Strategy (2015-2020) states that construction will start within this roads period (i.e. by the end of March 2020), subject to necessary approvals and the scheme continuing to demonstrate value for public money. The principal objectives of the scheme, as set out in the Client Scheme Requirements are: —Cultural heritage: to contribute to the conservation and enhancement of the World Heritage Site by improving access both within and to the site. —Environment and community: to contribute to the enhancement of the historic landscape within the World Heritage Site (WHS), to improve biodiversity along the route and to provide a positive legacy to communities adjoining the road. —Economic growth: in combination with other schemes on the route, to enable growth in jobs and housing by providing a free flowing and reliable connection between the East and the South West peninsula. —Transport: to create a high quality route that resolves current and predicted traffic problems and contributes towards the creation of an express-way between London and the south west. The scheme is currently in the options phase, with an options consultation planned for Spring 2017 and with a preferred route announcement planned to be made in Summer 2017. It is anticipated that we will require design and construction support from Spring/ Summer 2017, with a Development Consent Order application planned to be made in Summer 2018. Highways England is seeking a Technical Partner to provide leading expertise in the key disciplines outlined below in order to ensure the successful delivery of this high profile project within its investment parameters. The Technical Partner will need to demonstrate appropriate behaviours to work collaboratively with the Highways England team and extensive experience in the development and delivery of large complex transport infrastructure schemes in the current UK planning environment. This is a long term appointment likely to be in excess of 8 years, and required to support an accelerated delivery schedule. The successful Technical Partner will be required to work in collaboration with multiple partners to provide: — Strong technical leadership; — World class technical expertise in complex infrastructure projects including, but not limited to, tier one project governance and process, highway design, tunnels and projects of significant cultural importance and sensitivity and in all disciplines needed for the design, consent and success of the Project; — Excellent people, teams, proactive management and behaviour, and alignment to the success of the project; — Excellence in stakeholder engagement and the management of important relationships; — Collaborative attitude and behaviour; and — The capacity to fully support the Employer in successful delivery of the Project. The Contract is to be let under the Terms of the NEC3 Professional Services Contract (Option G) as adopted/modified by Highways England. The Contract will be advertised via OJEU (Open Procedure). Services will be placed via Task Orders and may be paid for as; — Lump Sum — on satisfactory completion of an activity; — Target Price; or — Time charge. Highways England will select the appropriate payment approach for each specific Task Order.
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.
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 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA
((b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(20) or section 1 of the Prevention of Corruption Act 1906(21), where the offence relates to active corruption;
(d) fraud, where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities(23), within the meaning of—
(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979(31) or section 72 of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968(34) or section 19 of the Theft Act (Northern Ireland) 1969;
(ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;
(ea) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;
(eb) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; 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

Eligibility requirements: The following is in line with Article 57 of the Public Procurement Regulations. 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 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA ((b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(20) or section 1 of the Prevention of Corruption Act 1906(21), where the offence relates to active corruption; (c) the offence of bribery, where the offence relates to active corruption; (ca) bribery within the meaning of section 1 or 6 of the Bribery Act 2010(22); (d) fraud, where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities(23), 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, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006; (v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979(31) or section 72 of the Value Added Tax Act 1994; (vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; (vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968(34) or section 19 of the Theft Act (Northern Ireland) 1969; (viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or (ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006; (e) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002; (ea) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996; (eb) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; 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 Highways England shall treat as ineligible and may not select a supplier has been convicted of any of the above offences Highways England 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), Highways England 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 (j) it or any of its directors any other person who has powers of representation, decision or control of the supplier is applicable. Highways England 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 a person in respect of whom a debt relief order has been made or is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order or a debt relief 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 referred to within regulation or regulation 24, 25, 26 or 27 (of the Public Contracts Regulations 2015 as amended), or has not provided such information in response to a request by the contracting authority (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; or (j)subject to Regulation 23 paragraphs (7), (8) and (9) of the Public Contracts Regulations 2015, as amended, is not registered on the professional or trade register of the relevant State specified in Schedule 6 in which he is established under conditions laid down by that State. The last two years audited accounts, or other accepted means of demonstrating financial capability if audited accounts are unavailable, will be requested. Suppliers will be advised in the tender documents. Suppliers will be advised in the tender documents. Suppliers will be advised in the tender documents.
The last two years audited accounts, or other accepted means of demonstrating financial capability if audited accounts are unavailable, will be requested. Suppliers will be advised in the tender documents.
The last two years audited accounts, or other accepted means of demonstrating financial capability if audited accounts are unavailable, will be requested.
Suppliers will be advised in the tender documents.
Suppliers will be advised in the tender documents. Suppliers will be advised in the tender documents.