Public procurement notice: Contract Notice
Published: 2017-08-24
Buyer: High Speed Two (HS2) Limited
Country: UK
Contract type: Works
Procedure: Negotiated procedure
CPV classification: 45211360 | 45213300 | 45213310 | 45213320 | 45213321
Estimated value: 2950000000 GBP
Submission deadline: 2017-10-03
Award criteria: The most economic tender

Technical requirements: HS2 Ltd is responsible for developing and promoting the new high speed railway known as HS2. HS2 will initially run between London and Birmingham (Phase 1) but will subsequently be extended to link Birmingham to Manchester and Leeds (Phase 2). This procurement for Phase One Stations Construction Partner Contracts relates to the London stations: (1) Euston and (2) Old Oak Common. The scope is divided into 2 Lots, 1 for each station. The Construction Partners will each be appointed to manage the programme of Works for the successful delivery of the relevant station to budget and programme including procurement and management of Works Packages, design, construction and commissioning and associated works and services. The scope (including Base and Optional Scope) is described in the Pre-Qualification Pack (‘PQP’) and accompanying Procurement Documents.
Applicants may express interest in and, if selected, tender for one or both Lots but a Tenderer cannot win more than one Contract unless Exceptional Circumstances apply. Applicants should note that this award restriction applies to Applicants and Parties. See further PQP Section 5.6 and PQP Appendix B.
Procurement for a management contractor (the Construction Partner) for the successful delivery of the new HS2 station to be located at London Euston to budget and programme. The Construction Partner will be appointed to manage the programme of Works for the successful delivery of the new HS2 station at Euston to budget and programme including procurement and management of Works Packages, management and the provision of design, construction and commissioning and associated works and services. Further information on the scope of this Lot and the procurement is included in the PQP and accompanying Procurement Documents.
Applicants are referred to the PQP and PQQ for information on HS2 Ltd's criteria for choosing Applicants to be invited to tender for one or both Lots. HS2 Ltd expects to select only the top four Applicants to tender for each of the Lots. However, HS2 Ltd reserves the right in its absolute discretion to invite to tender fewer than four or to invite five Applicants for any Lot(s) on the basis described in PQP Section 6.11.
Applicants should be aware that HS2 Ltd reserves the right to omit and/or vary the scope of the Contract. As further described in the PQP, Applicants should note in particular that:
i) HS2 Ltd reserves the right to instruct Optional Scope to include permanent enabling works where it is expedient and economic to do so, to accommodate future over-site development.
ii) Optional Scope is currently being defined and it is anticipated that the decision on its inclusion within this Lot will not be known until Autumn 2017 at the earliest. Therefore, HS2 Ltd reserves the right to include the Optional Scope (in whole or in part) as part of the Lot either during the procurement process prior to contract award or post award as an anticipated post contract modification.
iii) If instructed by HS2 Ltd at its sole and absolute discretion, such Optional Scope would be undertaken by the Construction Partner in accordance with the Contract and the rates and prices and % fee submitted by the successful Tenderer will be applied to inform and calculate the price payable for undertaking such Optional Scope.
(i) The scope of this Lot includes both Stages A and B1. However, since Stage B1 works are not programmed until 2026-2033, Stage B1 scope is included in the Contract as a separate phase to be progressed by the Construction Partner, conditional on HS2 Ltd issuing a notice to proceed to Stage B1. Details on the notice to proceed mechanism will be included in the Procurement Documents to be produced by HS2 Ltd and provided to Tenderers at ITT stage but Applicants should note in the meantime that any notice to proceed to Stage B1 will be at HS2 Ltd's sole and absolute discretion and any omission of Stage B1 works by HS2 Ltd will not make HS2 Ltd liable for any breakage costs including for loss of profit. Notice to proceed to Stage B1 is likely to be subject to certain conditions being satisfied as described in PQP Section 3.4.
HS2 Ltd will require the successful Tenderer to enter into a novation agreement on terms set out in the PQP to novate HS2 Ltd's design consultant (‘Consultant’) awarded the relevant Phase One Stations Design Services Contract (‘SDSC’) to the Construction Partner (see related OJEU contract notice reference 2017/S 072-137921). The SDSC has been structured by HS2 Ltd to allow the Consultant to undertake design services up to RIBA Stage 7. From the date of novation, the Consultant will be required to perform a Lead Design Assurance Guardian role. However, the extent to which the Consultant will be used to provide additional services to progress and further develop the design will be a matter for the Construction Partner to decide.
The Contract will require the Construction Partner, in its subcontracting arrangements, to procure from its subcontractors collateral warranties in favour of HS2 Ltd (as well as others). These collateral warranties will include step in arrangements which entitle HS2 Ltd to step in and assume the role of employer under subcontracts. HS2 Ltd may step-in on a temporary basis before stepping out either to allow the Construction Partner to resume its role or, in the event of termination of the Construction Partner's obligation to provide the Works, to allow a replacement strategy to be implemented by HS2 Ltd. HS2 Ltd will also reserve the right to novate the Subcontracts to itself (which will also be provided for in the collateral warranties) rather than appointing a replacement construction partner.
The Contract will provide that a Construction Partner's employees may be seconded to HS2 Ltd to assist HS2 Ltd in managing the HS2 Project(which could include managing Works during any step-in period).
Further information in relation to scope, the novation agreement and HS2 Ltd's options is included in the PQP.
Procurement for a management contractor (the Construction Partner) for the successful delivery of the new HS2 station to be located at Old Oak Common to budget and programme. The Construction Partner will be appointed to manage the programme of Works for the successful delivery of the new HS2 station at Old Oak Common to budget and programme including procurement and management of Works Packages, management and the provision of design, construction and commissioning and associated works and services. Further information on the scope of this Lot and the procurement is included in the PQP and accompanying Procurement Documents.
Applicants are referred to the PQP and PQQ for information on HS2 Ltd's criteria for choosing Applicants to be invited to tender for one or both Lots. HS2 Ltd expects to select only the top four Applicants to tender for each of the Lots. However, HS2 Ltd reserves the right in its absolute discretion to invite to tender fewer than four or to invite five Applicants for any Lot(s) on the basis described in PQP Section 6.11.

Eligibility requirements: Applicants are referred to the PQP and PQQ for information about conditions for participation.

Award value: 2950000000