Public procurement notice: Contract Notice
Published: 2016-10-29
Buyer: Apex Housing Association Limited
Country: UK
Region: NORTHERN IRELAND
Contract type: Works
Procedure: Open procedure
CPV classification: 45211000: Construction work for multi-dwelling buildings | 45211100
Estimated value: 900000 GBP
Submission deadline: 2016-12-09
Award criteria: Price, Quality

Technical requirements: Price
Quality
Apex Housing Association — Provision of Site, Design and Build — Social Housing Scheme — Westbank (Phase 3), Derry~Londonderry.
The Project is for the provision of the delivery of multiple social housing units in the area of Westbank, Derry~Londonderry, delineated in Annex A of the MOI (which can be obtained by contacting the contact identified at I.1 above) by means of design and build. Participants must provide the land, design, construction and ensure completion of the scheme for Apex in accordance with the Department for Communities (DfC) Housing Association Guide; Client's Requirements and statutory body requirements.
Apex is inviting Developers, who can demonstrate that they either (i) own the site and can provide clear non- encumbered title to Apex; or (ii) have an exclusive contract to unconditionally purchase clear non–encumbered title and could, on transfer, provide clear non-encumbered title to Apex, to submit proposals for the provision of social housing on the site. Apex anticipates that the minimum size of development which it will consider as part of the evaluation is 10 units, however, it reserves, at its sole discretion, the right to contract with a Developer in respect of a site with fewer units.
Following evaluation of proposals, Apex will rank the Developer's proposals. Apex thereafter anticipates contracting with one or more Developers. Apex can determine at its sole discretion how many Developers it will contract with, and ultimately Apex will make this assessment on whether to contract with one or more Developer based on affordability including in the context of the availability of DfC funding. Apex reserves the right to make staggered awards to one or more Developers over a period of 12 months from tender submission date.
If Apex elects to contract with a Developer it shall enter into a conditional land sale agreement (see Agreement for Sale of the ITT which can be obtained by contacting the contact identified at I.1 above). The Developer shall work with Apex to secure Apex approval of the detailed design and secure planning approval (at risk) (in accordance with the Agreement for Sale) which will enable Apex to apply to NIHE for funding. Apex and the Developer will be required to work cooperatively to finalise the proposal and to secure these approvals (at risk). For the avoidance of doubt, Apex can elect to cancel the Agreement for Sale at any stage in the event that the Developer cannot satisfy the conditions contained in 2.1 of the Agreement for Sale.
Apex reserves the right to enter into conditional contracts (potentially on a phased basis) with one or more Developers. The number of projects will depend upon the availability of funding from DfC.
Apex encourages Developers to propose schemes which will deliver at least 10 units. Apex does not intend to set an upper limit on the number of units which can be delivered under any individual scheme, however acceptance will be linked to affordability and the availability of funding. On this basis it is difficult for Apex to estimate the value of this potential opportunity. The estimate below is intended to reflect this uncertainty and whilst the range will be appropriate for certain schemes, Apex recognises that it may not be appropriate for all schemes.
Apex reserves the right to require the provision of a parent company guarantee from the any parent company of the Developer guaranteeing the Developer's obligations arising out of the construction contract. The Parent Company Guarantee to be provided shall be in a form and wording which is acceptable to Apex.
The Developer will also be required to provide a performance bond in favour of Apex from a bank, surety or insurer approved by Apex and in a form acceptable to Apex for a sum equal to 10 % of the total value of the construction contract.
In lieu of the performance bond the Developer can deposit a sum equal to 10 % of the total value of the construction contract with Apex which shall be held as security until completion of the works or Apex may retain an amount equal to 10 % of value of the construction contract from any payment otherwise due to the
Developer until completion of the works or until the Developer either deposits the sum referred to or provides the performance bond.
Developers should be mindful that Apex will not make any payment until all conditions have been satisfied at which stage the land sale and construction contracts will become unconditional. At this stage payment for the land element of the site only will be made. Payment for the construction element will be made in accordance with the terms of the contract (the form of which is available together with the procurement documents which can be obtained from the contact identified at I.1).
In the event of a group of entities submitting an acceptable offer, each member of the group must sign an undertaking that member companies will be jointly and severally liable for the satisfactory performance of each project. Apex reserves the right to require a group of entities to form a legal entity with appropriate parent company guarantees as a condition of contract.

Eligibility requirements: The personal situation of the candidates will be evaluated. These criteria are specified in full in a PQQP to be issued to those parties that request it. A detailed PQQP will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 24 of The Public Contracts Regulations 2015. These are specified in full in the PQQP to be issued to those parties that request it. All questions contained in the PQQP will be assessed on a pass / fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated. A detailed PQQ will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 25 of the Public Contracts Regulations 2015. These criteria will be specified in full in a PQQP to be issued to those parties that request it. All questions contained within the PQQP will be assessed on a pass/fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated.
A detailed PQQP will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 24 of The Public Contracts Regulations 2015. These are specified in full in the PQQP to be issued to those parties that request it. All questions contained in the PQQP will be assessed on a pass / fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated.
A detailed PQQP will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 24 of The Public Contracts Regulations 2015.
These are specified in full in the PQQP to be issued to those parties that request it. All questions contained in the PQQP will be assessed on a pass / fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated.
A detailed PQQ will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 25 of the Public Contracts Regulations 2015. These criteria will be specified in full in a PQQP to be issued to those parties that request it. All questions contained within the PQQP will be assessed on a pass/fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated.
A detailed PQQ will be issued to all economic operators responding to this contract notice. Apex may take into account the information set out in Regulation 25 of the Public Contracts Regulations 2015. These criteria will be specified in full in a PQQP to be issued to those parties that request it.
All questions contained within the PQQP will be assessed on a pass/fail basis. Only those who obtain a pass in respect of each question will proceed to have their ITT submission evaluated.