Public procurement notice: Contract Notice
Published: 2016-05-12
Buyer: London Borough of Newham
Country: UK
Region: Inner London - East
Contract type: Works
Procedure: Open procedure
CPV classification: 34922000 | 34922100 | 34929000 | 45233000: Construction work for highways and roads | 45233100: Construction work for highways
Estimated value:  GBP
Submission deadline: 2016-06-09
Award criteria: The most economic tender

Technical requirements: The London Borough of Newham highway network is approximately 419 km in length. Footways and Carriageways are maintained through a planned works programme and construction of improvement schemes are planned as well. In addition to the public highways, the economic operator(s) may be instructed to undertake work in other sites in the vicinity of the London Borough of Newham.
The planned repair and maintenance of existing highways and other public areas: Re-surfacing and reconstruction of highways including laying of specialist surfaces; Maintenance, repair and replacement of street furniture, including non-illuminated signs, railings, etc.; Laying of road markings; Highway drainage.
This tendering exercise is being undertaken using the electronic tendering system ‘capitalESourcing’ (url: www.capitalesourcing.com). Suppliers will need to register an interest on the system in order to participate and registration is free.
Tenderers may submit a tender for 1 Lot or more than 1 Lot i.e. each Lot. The maximum number of Lots that may be awarded to 1 tenderer is 2 Lots.
Re-surfacing and reconstruction of highways, roads and related assets including laying of specialist surfaces: Laying of road markings; Highways drainage; and Construction of improvement schemes including traffic management and road safety measures, parking controls and public realm improvements.
This tendering exercise is being undertaken using the electronic tendering system ‘capitalESourcing’ (url: www.capitalesourcing.com). Suppliers will need to register an interest on the system in order to participate and registration is free.
Tenderers may submit a tender for 1 Lot or more than 1 Lot i.e. each Lot. The maximum number of Lots that may be awarded to 1 tenderer is 2 Lots.
The Framework is divided into 2 lots. The total estimated expenditure range excluding VAT for all lots is between 0 and 50 000 000 GBP. Note that these spend figures are purely an estimate and non-binding and London Borough of Newham is not obliged to place any orders with any supplier appointed to the Framework Agreement. London Borough of Newham reserves the right to place orders for the same works and services elsewhere during the lifetime of the agreement.
All tenderers should be aware that the awarded contract will be in addition to London Borough of Newham's in house Direct Labour Organisation RMS, due to the size of the current works programme to be delivered.
Tenderers may apply for 1 or more lots. Lots will be awarded individually. A maximum number of 1 supplier will be appointed to each lot. The overall evaluation criteria will be detailed for each lot in the ITT documentation.
The scope for Lot 1 Planned Maintenance is the planned repair and maintenance of existing highways and other public areas: Re-surfacing and reconstruction of highways including laying of specialist surfaces; Maintenance, repair and replacement of street furniture, including non-illuminated signs, railings, etc.; Laying of road markings; Highway drainage. The estimated value range excluding VAT for Lot 1 is between 0 and 25 000 000 GBP.
The scope for Lot 2 Construction of Improvement Schemes is Re-surfacing and reconstruction of highways, roads and related assets including laying of specialist surfaces: Laying of road markings; Highways drainage; and Construction of improvement schemes including traffic management and road safety measures, parking controls and public realm improvements.
Joint and several liability. Should the successful tenderer be a consortium of companies, the lead partner will be responsible for completing the commission on behalf of the consortium and all payments will be made to the lead partner for services rendered by the consortium. Support partners will be required to complete a collateral warranty agreement in favour of the Contracting Authority.

Eligibility requirements: The Contracting Authority will exclude a tenderer from participation where it has been established, by verifying in accordance with Public Contracts Regulations 2015, Regulations 59, 60 and 61, or are otherwise aware, that that tenderer has been convicted of any of the offences listed within the Public Contracts Regulations 2015 Regulation 57. The Contracting Authority will exclude a tenderer where any of the situations below have applied within the past 3 years, or currently apply, but not before considering all the relevant circumstances, and may at its discretion allow a tenderer to proceed. — The organisation has violated applicable obligations referred to in regulation 56 (2) of the Public Contracts Regulations 2015 in the fields of environmental, social and labour law established by EU law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Public Contracts Directive as amended from time to time; — The organisation is bankrupt or is the subject of insolvency or winding-up proceedings, where your assets are being administered by a liquidator or by the Court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State; — The organisation is guilty of grave professional misconduct, which renders its integrity questionable; — The organisation has entered into agreements with other economic operators aimed at distorting competition; — The organisation has a conflict of interest within the meaning of regulation 24 of the Public Contracts Regulations 2015 that cannot be effectively remedied by other, less intrusive, measures; — The prior involvement of the organisation in the preparation of the procurement procedure has resulted in a distortion of competition, as referred to in regulation 41, that cannot be remedied by other, less intrusive, measures; — The organisation has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions; — The organisation: (i) Has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or Has withheld such information or is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015; or — The organisation has undertaken to: Unduly influence the decision-making process of the contracting authority, or Obtain confidential information that may confer upon your organisation undue advantages in the procurement procedure; or The organisation has negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award. A minimum yearly turnover of 12 500 000 GBP is required for Lot 1 in the area covered by the contract; A minimum yearly turnover of 12 500 000 GBP is required for Lot 2 in the area covered by the contract; In the event that the successful tenderer is awarded several lots (Lots 1 and Lot 2) to be executed at the same time, a minimum total yearly turnover of 25 000 000 GBP is required in the area covered by the contract(s). In the event that a tenderer is successful in both Lots 1 and Lot 2 but their yearly financial turnover is less than 25 000 000 GBP, the tenderer will be required to withdraw from 1 of the Lots of their choosing with that Lot then awarded to 2 nd placed applicant. Tenderers will in addition be required to upload onto CapitalEsourcing 1 of the following to demonstrate their economic/financial standing: (a) A copy of the audited accounts for the most recent 2 years; (b) A statement of the turnover, profit and loss account, current liabilities and assets, and cash flow for the most recent year of trading for this organisation; (c) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position; (d) Alternative means of demonstrating financial status if any of the above are not available (e.g. Forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank, charity accruals accounts or an alternative means of demonstrating financial status). Tenderers will be required to confirm if they are part of a wider group (e.g. a subsidiary of a holding/parent company) and where this is true will be required to either provide Ultimate / parent company accounts if available or, Provide a guarantee if necessary, or, Obtain a guarantee elsewhere (e.g. from a bank). Tenderers are required to provide details of up to 3 contracts, in any combination from either the public or private sector, that are relevant to the works required under the contract. Contracts should have been performed during the past 5 years. The named customer contact provided should be prepared to provide written evidence to the Contracting Authority to confirm the accuracy of the information provided. Tenderers are required to self-certify that they meet the following minimum requirements. Checks will only be carried out on the winning supplier at contract award stage. — Insurance: Tenderers are required to confirm whether they already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover indicated; Employer's (Compulsory) Liability Insurance = 10 000 000 GBP; Public Liability Insurance = 10 000 000 GBP; Professional Indemnity Insurance = 5 000 000 GBP. — Compliance with Equality Legislation. Tenderers are required to self-certify that they comply with equality legislation. The contracting Authority will assess any remedial action that has been taken to address any breaches of the legislation that have been noted. If required, the Contracting Authority may explore specific equality requirements in more detail at award stage. — Environmental Management. The Contracting Authority will clearly state what is required in the specification, Tenderers will be required to self-certify that they comply with environmental legislation, and any sustainability-related criteria that have been stated in the specification as required to deliver the contract. — Health and Safety. Tenderers are required to self-certify that they have a health and safety policy in place and confirm if the tenderers directors or executive officers have received enforcement/remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years. Where a tender confirms the directors or executive officers to have received enforcement/ remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years. They will be required to provide details of any remedial action or changes to procedures they have made as a result. The tenderer will be excluded unless they can demonstrate to the Contracting Authority's satisfaction that appropriate remedial action has been taken to prevent future occurrences breaches.
A minimum yearly turnover of 12 500 000 GBP is required for Lot 1 in the area covered by the contract; A minimum yearly turnover of 12 500 000 GBP is required for Lot 2 in the area covered by the contract; In the event that the successful tenderer is awarded several lots (Lots 1 and Lot 2) to be executed at the same time, a minimum total yearly turnover of 25 000 000 GBP is required in the area covered by the contract(s). In the event that a tenderer is successful in both Lots 1 and Lot 2 but their yearly financial turnover is less than 25 000 000 GBP, the tenderer will be required to withdraw from 1 of the Lots of their choosing with that Lot then awarded to 2 nd placed applicant. Tenderers will in addition be required to upload onto CapitalEsourcing 1 of the following to demonstrate their economic/financial standing: (a) A copy of the audited accounts for the most recent 2 years; (b) A statement of the turnover, profit and loss account, current liabilities and assets, and cash flow for the most recent year of trading for this organisation; (c) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position; (d) Alternative means of demonstrating financial status if any of the above are not available (e.g. Forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank, charity accruals accounts or an alternative means of demonstrating financial status). Tenderers will be required to confirm if they are part of a wider group (e.g. a subsidiary of a holding/parent company) and where this is true will be required to either provide Ultimate / parent company accounts if available or, Provide a guarantee if necessary, or, Obtain a guarantee elsewhere (e.g. from a bank).
Tenderers are required to provide details of up to 3 contracts, in any combination from either the public or private sector, that are relevant to the works required under the contract. Contracts should have been performed during the past 5 years. The named customer contact provided should be prepared to provide written evidence to the Contracting Authority to confirm the accuracy of the information provided. Tenderers are required to self-certify that they meet the following minimum requirements. Checks will only be carried out on the winning supplier at contract award stage. — Insurance: Tenderers are required to confirm whether they already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover indicated; Employer's (Compulsory) Liability Insurance = 10 000 000 GBP; Public Liability Insurance = 10 000 000 GBP; Professional Indemnity Insurance = 5 000 000 GBP. — Compliance with Equality Legislation. Tenderers are required to self-certify that they comply with equality legislation. The contracting Authority will assess any remedial action that has been taken to address any breaches of the legislation that have been noted. If required, the Contracting Authority may explore specific equality requirements in more detail at award stage. — Environmental Management. The Contracting Authority will clearly state what is required in the specification, Tenderers will be required to self-certify that they comply with environmental legislation, and any sustainability-related criteria that have been stated in the specification as required to deliver the contract. — Health and Safety. Tenderers are required to self-certify that they have a health and safety policy in place and confirm if the tenderers directors or executive officers have received enforcement/remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years. Where a tender confirms the directors or executive officers to have received enforcement/ remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years. They will be required to provide details of any remedial action or changes to procedures they have made as a result. The tenderer will be excluded unless they can demonstrate to the Contracting Authority's satisfaction that appropriate remedial action has been taken to prevent future occurrences breaches.
Tenderers are required to provide details of up to 3 contracts, in any combination from either the public or private sector, that are relevant to the works required under the contract. Contracts should have been performed during the past 5 years. The named customer contact provided should be prepared to provide written evidence to the Contracting Authority to confirm the accuracy of the information provided.
Tenderers are required to self-certify that they meet the following minimum requirements. Checks will only be carried out on the winning supplier at contract award stage. — Insurance: Tenderers are required to confirm whether they already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover indicated; Employer's (Compulsory) Liability Insurance = 10 000 000 GBP; Public Liability Insurance = 10 000 000 GBP; Professional Indemnity Insurance = 5 000 000 GBP. — Compliance with Equality Legislation. Tenderers are required to self-certify that they comply with equality legislation. The contracting Authority will assess any remedial action that has been taken to address any breaches of the legislation that have been noted. If required, the Contracting Authority may explore specific equality requirements in more detail at award stage. — Environmental Management. The Contracting Authority will clearly state what is required in the specification, Tenderers will be required to self-certify that they comply with environmental legislation, and any sustainability-related criteria that have been stated in the specification as required to deliver the contract. — Health and Safety. Tenderers are required to self-certify that they have a health and safety policy in place and confirm if the tenderers directors or executive officers have received enforcement/remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years. Where a tender confirms the directors or executive officers to have received enforcement/ remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years. They will be required to provide details of any remedial action or changes to procedures they have made as a result. The tenderer will be excluded unless they can demonstrate to the Contracting Authority's satisfaction that appropriate remedial action has been taken to prevent future occurrences breaches.