Public procurement notice: Contract Notice
Published: 2016-08-30
Buyer: Highways England
Country: UK
Region: UNITED KINGDOM
Contract type: Works
Procedure: Open procedure
CPV classification: 45233130: Road works | 45233139 | 45233140: Roadway works | 45233141: Road-maintenance work | 45233210
Estimated value: 9000000 GBP
Submission deadline: 2016-10-28
Award criteria: Quality, Price

Technical requirements: Quality
Price
Wilts/Hants border near junction with A338; M4: Membury Services between M4 J14 and M4 J15 to M4 J22 and Second Severn Crossing;
TheA417/419 from Swindon to Gloucester, the A30/A35 from Exeter to Bere Regis, and the Severn River Crossings are currently managed under DBFO contracts, which is due to expire during the life of South West Maintenance & Response contract. Highways England may choose to add all or part of these routes to the South West Maintenance and Response Contract following completion of the DBFO contracts.
All the above are in the local highway authorities of Somerset, North Somerset, South Gloucestershire, Bath & North East Somerset, Gloucestershire, Devon, Cornwall, Wiltshire, western Dorset, Plymouth City and Bristol City. Routes and route lengths may change during the currency of the award procedures and Contract.
The successful tenderer will be required to provide all routine and cyclic maintenance, incident response, defect rectification and severe weather delivery on the all-purpose trunk roads and motorways in Highways England South West region in accordance with the Highways England standards and objectives when instructed by Highways England. 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 the Highways England; the facilities maintenance of depots and other locations within the South West 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.
Applicant companies should note that 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.
The estimated range of values quoted below are per annum over the total duration of the contract. Estimated value excludes VAT.
Lump sum duties; monthly payments. Other management and technical services: on a scheduled payment basis or cost reimbursable. Full details of the payment mechanisms will be included in the contract documents.
(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.
A Parent Company Guarantee will be required where the financial assessment of the applicant does not meet the required level stated for the contract. In the event of an applicant not meeting the minimum financial criteria, and where a parent company structure exists, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria. This may potentially result in escalation up to the ultimate parent or failure of financial assessment where the ultimate parent company does not meet the financial assessment criteria. For a joint and severable liable joint venture each constituent of the joint venture shall meet at least 60 % of the financial standing stated for this contract, or where a parent company structure exits, a parent company guarantee will be required from the controlling parent company that meets the minimum required financial assessment criteria. Where an incorporated joint venture is proposed, Parent Company Guarantees will be required.
1. The supplier must declare if it or any of its directors any other person who has powers of representation, decision or control of the supplier has been convicted of any of the following offences-
(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime;
(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906;

Eligibility requirements: 1. The supplier must declare if it or any of its directors any other person who has powers of representation, decision or control of the supplier has been convicted of any of the following offences- (a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime; (b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906; (c) the common law offence of bribery; (d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010; or section 113 of the Representation of the People Act 1983; (e) any of the following offences, where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities: (ei) the offence of cheating the Revenue; (eii) the offence of conspiracy to defraud; (eiii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; (eiv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006; (ev) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994; (evi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; (evii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969; (eviii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or (eix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act; (f) any offence listed— (fi) in section 41 of the Counter Terrorism Act 2008; or (fii) in Schedule 2 to that Act where the court has determined that there is a terrorist connection; (g) any offence under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by subparagraph (f); (h) money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002; (i) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996; (j) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004; (k) an offence under section 59A of the Sexual Offences Act 2003; (l) an offence under section 71 of the Coroners and Justice Act 2009 (m) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or (n) any other offence within the meaning of Article 57(1) of the Public Contracts Directive — (i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or (ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland. 2. The supplier must declare if it has been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which their organisation is established (if outside the UK), that their organisation is in breach of obligations related to the payment of tax or social security contributions 3. The Supplier must declare whether any of the following situations currently apply, or have applied in the past three years, to their organisation: (a) your organisation has violated applicable obligations referred to in regulation 56 (2) of the Public Contract 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; (b) your 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; (c) your organisation is guilty of grave professional misconduct, which renders its integrity questionable; (d) your organisation has entered into agreements with other economic operators aimed at distorting competition; (e) your organisation has a conflict of interest within the meaning of regulation 24 of the Public Contract Regulations 2015 that cannot be effectively remedied by other, less intrusive, measures; (f) the prior involvement of your 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; (g) your 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; For the purposes of this clause Highways England would regard a quality warning notice under any Highways England contract, or an equivalent under any other contract, to be a comparable sanction. (h) your organisation— (hi) 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 (hii) has withheld such information or is not able to submit supporting documents required under regulation 59 of the Public Contract Regulations 2015; or (i) your organisation has undertaken to (aa) unduly influence the decision-making process of the Highways England, or (bb) obtain confidential information that may confer upon your organisation undue advantages in the procurement procedure; or (j) your organisation has negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award. 4. The Supplier must declare whether any of their company tax returns submitted on or after 1 October 2012 been subject to the following situations: (a) Given rise to a criminal conviction for tax related offences which is unspent, or to a civil penalty for fraud or evasion; (b) Been found to be incorrect as a result of: (bi) HMRC successfully challenging it under the General Anti-Abuse Rule (GAAR) or the ‘Halifax’ abuse principle; or (bii) a tax authority in a jurisdiction in which the legal entity is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or the ‘Halifax’ abuse principle; or (biii) the failure of an avoidance scheme which the Supplier was involved in and which was, or should have been, notified under the Disclosure of Tax Avoidance Scheme (DOTAS) or any equivalent or similar regime in a jurisdiction in which the Supplier is established. In any case where a supplier or its directors or any other person who has powers of representation, decision or control has been convicted of an offence described in paragraphs (1), (2), (3) or (4), Highways England may disregard the prohibition described there if it is satisfied that there are overriding requirements in the general interest which justify doing so in relation to that economic operator in order to maintain or enable sufficient competition. Constructionline is a UK based pre-qualification certification service for construction-related contractors and consultants. Constructionline members are requested to ensure their account is valid and up to date for the purposes of this tendering process. If you are already registered with Constructionline after August 2016 or you have updated your profile and information after August 2016, you will not need to complete the full selection questionnaire. If you have registered with Constructionline before August 2016 and have not updated your profile and information since then, please log-in to your Constructionline account and confirm the information held on your organisation is accurate and up to date. For Unincorporated Joint Ventures or Consortiums, each member of the group must ensure their accounts are up to date as described above. If you supply Highways England with a Constructionline account which is not up to date at the time of tender as mentioned above then you may be excluded from this competition. Tenderers who have any queries on their Constructionline profile, or wish to register on Constructionline, should contact Aaron Good on Aaron.Good@capita.co.uk telephone 07881 354286, or Shaun Lyons on shaun.lyons@capita.co.uk telephone 07557 748 525. Note — that having Constructionline is not mandatory. Tenderers not registered with Constructionline will need to demonstrate that they meet our requirements by completing the whole selection questionnaire on Bravo. Note that audited accounts or other elements will additionally be required. Both members and non-members of Constructionline will be evaluated against the same criteria and using the same methodology for the purpose of this competition. Highways England expressly reserves the right (i) not to award any contract as a result of this tendering exercise commenced by publication of this notice; and (ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will Highways England be liable for any costs incurred by candidates. Please refer to the Tender Documents.
Constructionline is a UK based pre-qualification certification service for construction-related contractors and consultants. Constructionline members are requested to ensure their account is valid and up to date for the purposes of this tendering process. If you are already registered with Constructionline after August 2016 or you have updated your profile and information after August 2016, you will not need to complete the full selection questionnaire. If you have registered with Constructionline before August 2016 and have not updated your profile and information since then, please log-in to your Constructionline account and confirm the information held on your organisation is accurate and up to date. For Unincorporated Joint Ventures or Consortiums, each member of the group must ensure their accounts are up to date as described above. If you supply Highways England with a Constructionline account which is not up to date at the time of tender as mentioned above then you may be excluded from this competition. Tenderers who have any queries on their Constructionline profile, or wish to register on Constructionline, should contact Aaron Good on Aaron.Good@capita.co.uk telephone 07881 354286, or Shaun Lyons on shaun.lyons@capita.co.uk telephone 07557 748 525. Note — that having Constructionline is not mandatory. Tenderers not registered with Constructionline will need to demonstrate that they meet our requirements by completing the whole selection questionnaire on Bravo. Note that audited accounts or other elements will additionally be required. Both members and non-members of Constructionline will be evaluated against the same criteria and using the same methodology for the purpose of this competition. Highways England expressly reserves the right (i) not to award any contract as a result of this tendering exercise commenced by publication of this notice; and (ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will Highways England be liable for any costs incurred by candidates.
Please refer to the Tender Documents.