Public procurement notice: Contract Notice
Published: 2018-10-13
Buyer: Highways England
Country: UK
Contract type: Works
Procedure: Open procedure
CPV classification: 45233130: Road works | 45233139 | 45233140: Roadway works | 45233141: Road-maintenance work | 45233210
Estimated value: 490000000 GBP
Submission deadline: 2018-11-14
Award criteria: The most economic tender

Technical requirements: Highways England is looking for a suitable contractor to provide all routine and cyclic maintenance, incident response, defect rectification, when instructed, and severe weather delivery on the all purpose trunk road and motorway network in the East Region (previously known as Areas 6 and 8) in accordance with its standards and objectives. Additional duties will include the provision of traffic management for the Contractor's maintenance and response activities including traffic management during incidents and where instructed by Highways England, the provision of traffic management for the Regional Technology Maintenance Contract (RTMC) in the East region and the facilities maintenance of depots. Under the CDM Regulations 2015 the contractor will be Principal Contractor for all work they undertake unless instructed otherwise by the Service Manager.
HE East Asset Delivery covers the counties of Bedfordshire, Hertfordshire, Cambridgeshire, Essex, Norfolk, Suffolk with traffic management function in Oxfordshire, Buckinghamshire and Berkshire.
The successful tenderer will be required to provide all routine and cyclic maintenance, incident response, defect rectification when instructed by Highways England and severe weather delivery on the all-purpose trunk road and motorway network in Highways England East Region (previously Areas 6 and 8) in accordance with Highways England standards and objectives. Additional duties will also include: the provision of traffic management for the purpose of the Contractor's maintenance and response activities, which is to also include traffic management during incidents and where instructed by Highways England provision of traffic management for the RTMC in extended Eastern region; the facilities maintenance of depots and other locations within the Eastern region. Under the CDM Regulations 2015, the Maintenance and Response Contractor will be Principal Contractor for all work they undertake unless instructed otherwise by the Highways England Service Manager. Highways England may consider amending the duties listed above and may remove or amend these as appropriate during the contract period.
The service period for the maintenance and response contract is for a duration of 15 years. Therefore, to continually ensure the validity and appropriateness of the community objectives, the scope, costs and also that the contractor remains the “right fit” for Highways England and the Community, 3 yearly service review periods have been introduced. The Contractors Accepted Plan will be modified at these periods to ensure the contractor understands and is committed to provide a service to reflect Highways England's changing aims and expectations over the service period.
Constructionline (https://www.constructionline.co.uk/) is the UK Government's national pre-qualification register for construction contractors and consultants.
Applicants may demonstrate their suitability for a number of aspects in the selection process through providing their registration number for their valid and up to date Constuctionline account. Contractors or Incorporated Joint Ventures (Single Legal Entities) submitting an application should provide their Constructionline registration number. For unincorporated Joint Ventures submitting an application each member of the group should provide their individual Constructionline registration number. Constructionline members are requested to ensure their profile is valid and up to date for the purposes of this tendering process.
Where applicants do not have a Constructionline account, or a valid and up to date Constructionline account, they will have the opportunity to demonstrate their suitability through other means, in accordance with the procurement documents.
A Guarantor to provide a parent company guarantee will be required. A parent company guarantee may be requested at any time during the term of the contract.
(i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the contract. (ii) For Single Legal Entities/Incorporated Joint Ventures submitting an acceptable offer, the consortium must provide a corporate statement of intent to form itself into a single legal entity before any contract can be awarded. The Contractor must state in its interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the Contractor must also confirm the names of all the contracting entities with the Employer.
Applicant companies (including parent companies in the case of Joint Ventures) should be aware that they will not be permitted to hold more than four of the Highways England's MAC/ASC/Maintenance and Response Contracts. This is to protect the public's interest, in particular to ensure the resilience of the Highways England network. Tendering opportunities for applicant companies may therefore be limited on this basis.
For the purposes of market share, the East Region (previously Areas 6 and 8) is to be treated as one contract.
With reference to the market share limit, applicant companies are asked to note that Highways England will take into account any other maintenance and response contracts and asset support contracts, being tendered for. In the event that the market share limit could be breached, Highways England will advise the applicant company at the appropriate time and the applicant company will be given the option to continue with their tender at their own cost and risk. Highways England will then apply the market share test described in the instructions for Tenderers as part of the tender assessment to determine whether any of the tenderers, if awarded the contract, would exceed their market share limit. If so, then Highways England will not consider their tender any further.
Parent Company Guarantee or equivalent form of guarantee may be required at any time during the term of the contract.
A Parent Company Guarantee or equivalent form of guarantee will be required where the financial standing of the applicant does not meet the required level as stated in the procurement documents.
Further information will be set out in the Tender Documents. Contract dates stated are indicative, and may be subject to change.

Eligibility requirements: As detailed in the procurement documents. Constructionline (https://www.constructionline.co.uk/) is the UK Government's national pre-qualification register for construction contractors and consultants. Applicants may demonstrate their suitability for a number of aspects in the selection process through providing their registration number for their valid and up to date Constuctionline account. Contractors or Incorporated Joint Ventures (Single Legal Entities) submitting an application should provide their Constructionline registration number. For unincorporated Joint Ventures submitting an application each member of the group should provide their individual Constructionline registration number. Constructionline members are requested to ensure their profile is valid and up to date for the purposes of this tendering process. Where applicants do not have a Constructionline account, or a valid and up to date Constructionline account, they will have the opportunity to demonstrate their suitability through other means, in accordance with the procurement documents. A Guarantor to provide a parent company guarantee will be required. A parent company guarantee may be requested at any time during the term of the contract. (i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the contract. (ii) For Single Legal Entities/Incorporated Joint Ventures submitting an acceptable offer, the consortium must provide a corporate statement of intent to form itself into a single legal entity before any contract can be awarded. The Contractor must state in its interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the Contractor must also confirm the names of all the contracting entities with the Employer. Applicant companies (including parent companies in the case of Joint Ventures) should be aware that they will not be permitted to hold more than four of the Highways England's MAC/ASC/Maintenance and Response Contracts. This is to protect the public's interest, in particular to ensure the resilience of the Highways England network. Tendering opportunities for applicant companies may therefore be limited on this basis. For the purposes of market share, the East Region (previously Areas 6 and 8) is to be treated as one contract. With reference to the market share limit, applicant companies are asked to note that Highways England will take into account any other maintenance and response contracts and asset support contracts, being tendered for. In the event that the market share limit could be breached, Highways England will advise the applicant company at the appropriate time and the applicant company will be given the option to continue with their tender at their own cost and risk. Highways England will then apply the market share test described in the instructions for Tenderers as part of the tender assessment to determine whether any of the tenderers, if awarded the contract, would exceed their market share limit. If so, then Highways England will not consider their tender any further.

Award value: 490000000