Public procurement notice: Contract Award Notice
Published: 2019-04-10
Buyer: High Speed Two (HS2) Ltd
Country: UK
Contract type: Works
Procedure: Negotiated procedure
CPV classification: 45211360 | 45213300 | 45213310 | 45213320 | 45213321
Award criteria: The most economic tender

Technical requirements: High Speed Two (HS2) Ltd (“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 1 Stations Construction Partner Contracts is related to the London stations:
The scope is divided into 2 lots, 1 for each station. This Contract Award Notice is for the Phase 1 Stations Construction Partner Contract for Lot 1 Euston only.
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.
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.
(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) 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.
HS2 Ltd required the successful tenderer to enter into a novation agreement to novate the relevant Phase 1 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).
The estimated value is based on Q2 2017 prices. The actual value of the contract(s) may be different and may be higher or lower than the estimated value since the actual value will depend on a number of factors including:
(ii) whether HS2 Ltd exercises its right to introduce the optional scope and, if so, to what extent the Optional Scope is undertaken;
(iii) the value of the works packages awarded by the construction partner to its subcontractor(s) as calculated under the NEC3 ECC Option F contract as amended by HS2 Ltd.
High Speed Two (HS2) Ltd incorporated a minimum ten (10) calendar days standstill period in accordance with Regulation 102 of the Utilities Contracts Regulations 2016 prior to concluding the award of the contract.


Winner: Mace Ltd