Public procurement notice: Contract Notice
Published: 2020-01-24
Buyer: High Speed Two (HS2) Ltd
Country: UK
Contract type: Works
Procedure: Negotiated procedure
CPV classification: 31300000 | 31600000 | 45211360 | 45213300 | 45213310
Estimated value: 571000000 GBP
Submission deadline: 2020-03-12
Award criteria: The most economic tender

Technical requirements: This procurement for HS2 Phase 1 stations: Birmingham Curzon Street Station 2-stage design and build contract relates to the new Midlands station to be constructed in Birmingham Curzon Street. The contractor will be appointed to design and build the new Midlands station to budget and programme, including detailed 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. As well as awarding the contract, HS2 Ltd will also enter into a framework agreement with unsuccessful tenderers whose technical submissions at ITT stage achieve a minimum threshold evaluation score (see Section II.2.11 below and PQP section 3.4 for further information).
Procurement for a 2-stage design and build contractor (the Contractor) for the successful delivery of the new HS2 station to be located at Birmingham Curzon Street. The contractor will be appointed to design and build the new HS2 station at Curzon Street to budget and programme. The procurement is also for the award of a framework agreement as described in Section II.1.4) (Short description) above. Further information on the scope of the contract, the framework agreement 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 the contract. HS2 Ltd expects to select only the top 4 applicants to tender for the contract. However, HS2 Ltd reserves the right in its absolute discretion to invite to tender fewer than 4 or to invite 5 applicants for the contract on the basis described in PQP paragraph 6.11).
Applicants should be aware that HS2 Ltd reserves the right to omit and/or vary the scope of the contract (and the framework agreement). As further described in the PQP, applicants should note in particular that:
(i) HS2 Ltd reserves the right to instruct optional scope to include the optional scope described in PQP Appendix A: Part 1 outline scope, comprising the works and services described in paragraph 4 of the outline scope as commercialisation opportunities, ‘Asks’ and employers instructions;
(ii) as described in PQP Appendix A: Part 1 outline scope, the optional scope is currently being defined and confirmed. Therefore, HS2 Ltd reserves the right to include the optional scope (in whole or in part) as part of the contract (or the framework agreement) 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 Contractor in accordance with the contract (or the framework agreement) 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.
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 Phase 1 Stations design services contract (‘SDSC’) for Birmingham Curzon Street to the Contractor (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 (LDAG) role. However, subject to the terms of the contract, the extent to which the consultant will be used to provide additional services (beyond the LDAG role) to progress and further develop the design will be a matter for the Contractor to decide;
HS2 Ltd will reserve the right to require collateral warranties from the Contractor itself and any subcontractors for the benefit of HS2 Ltd and/or for the benefit of Others. HS2 Ltd will reserve the right to ‘step-in’ to correct defects (at the Contractor’s expense) or to omit Scope. Key subcontractors will be required to provide collateral warranties permitting step-in by the employer or assignment to others to facilitate this. HS2 Ltd will also reserve the right in certain scenarios to step-in and rescue and step-out or to step-in to the Contractor’s appointment following a termination and to step-in to subcontracts as employer. Further details on the precise termination and step in and novation rights and subcontractor rules and information on rights to omit scope will be described by HS2 Ltd in the procurement documents to be provided to tenderers at ITT stage.
The contract will provide that a Contractor'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).
As described at Section II.1.4) (Short description) above, as well as awarding the contract, HS2 Ltd will enter into a framework agreement. The framework agreement will be awarded in accordance with UCR 2016, reg. 51 (Framework agreements) and will be for the same duration as the contract, for a period of less than 8 years.
Further information in relation to the scope, the framework agreement, HS2 Ltd’s resilience measures, the novation agreement and HS2 Ltd’s options is included in the PQP.
Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s requirements and minimum standards in relation to economic and financial standing.
Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s requirements and minimum standards in relation to technical and professional ability.
Applicants are referred to the PQP and PQQ for information about HS2 Ltd’s rules and criteria for participation.

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

Award value: 571000000