22/03/2019    S58    - - Works - Contract notice - Restricted procedure 

United Kingdom-Newtown St Boswells: Construction work

2019/S 058-132930

Contract notice


Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Scottish Borders Council
Council Headquarters
Newtown St Boswells
United Kingdom
Telephone: +44 1835824000
E-mail: procurement@scotborders.gov.uk
Fax: +44 1835825150
NUTS code: UK

Internet address(es):

Main address: http://www.scotborders.gov.uk

Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00394

I.2)Information about joint procurement
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.publictendersscotland.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.publictendersscotland.publiccontractsscotland.gov.uk
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement

Hawick Flood Protection Scheme — Main Works

Reference number: SBC/CPS/1595
II.1.2)Main CPV code
II.1.3)Type of contract
II.1.4)Short description:

Scottish Borders Council (the Council) intends to take forward a series of flood protection measures in Hawick town centre which will protect over 900 business and residential properties against the effects of the 1 in 75 year flood event in the River Teviot. The works will comprise around 6 km of flood defences walls and embankments, new culverts, surface water pumping stations, Hawick waste water treatment works pumping station, replacement of 3 footbridges and the provision of new landscaping and reinstatement of the riparian corridor. Further details of the proposals, including a list of organisations who have registered an interest in becoming part of the multi layered supply chain that will deliver this project can be found at www.hawickfloodscheme.com

II.1.5)Estimated total value
Value excluding VAT: 49 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: no
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKM91
Main site or place of performance:

Hawick — Scottish Borders TD9.

II.2.4)Description of the procurement:

The Hawick Flood Protection Scheme (HFPS) will provide a significant benefit to the residents and businesses of Hawick by virtue of alleviating the effects of a major flood event in the River Teviot. The town has suffered from flooding in the recent past, including large numbers of properties inundated in 2005 and 2015, causing significant economic and human adverse effects. The HFPS will comprise the construction of nearly 6 km of entirely new flood defences, the great majority of which are flood defence walls. The walls will generally be sheet pile cored to a depth of between 4 and 12 m below ground level, with reinforced concrete pile cap and stem. Exposed concrete will either be clad in natural stone or finished with a formlined pattern. Around 60 glass panels, each 2,5 m wide and up to 1,4 m deep are to be set into the floodwalls. Approximately 1,8 km of the defences will require to be constructed directly within the watercourse. A short section of embankment will comprise a sheet pile core with locally won granular shoulders. 8 entirely new automatic surface water pumping stations will provide further protection, comprising wet wells up to 6 m deep and 5 m diameter, valve chambers up to 4 m deep and 6 m diameter and GRP kiosks to house the power and control units. The MEICA design for the surface water pumping stations will be the main contractor design element. The discharge capacity of the submersible pumps will vary within each pumping station, with the largest requiring to deliver up to 450 l/s. A 9th pumping station will be required within the Hawick waste water treatment works to assist the works during high flows and flood events, with submersible pumps capable of delivering up to 1100 l/s of storm water. Approximately 275 m and 185 m of new culvert will be required to discharge the Stirches and Boosie Burns respectively into the River Teviot. Requirement to install 9 new single leaf lift hinge floodgates within the flood defences to maintain pedestrian and vehicle access and 2 sets of stop log type demountable barriers are also required. The existing Lawson, Victoria and Mansfield steel truss footbridges will, as a minimum, require to be raised by 1 m, 1 m and 0,4 m respectively at their current location, comprising new abutments and extension legs welded to the deck supports at midspan. The current preferred option which is currently subject to SUSTRANS funding confirmation, is to remove the existing bridges from their supports and replace with entirely new steel truss structures at new locations, with deck widths up to 4 m wide. If SUSTRANS funding is confirmed, the new bridges will be part of a new 7 km combined pedestrian and cycle route throughout Hawick, which will be delivered by this procurement excercise. The replacement bridge option will be the scenario which is to be priced as part of this procurement exercise. Further details of the work description are appended to the ESPD.

Construction of the HFPS will be subject to a number of environmental and pedestrian/traffic management constraints, including restrictions on the time of year when works can be carried out within or adjacent to the river channel in order to reduce the impacts on salmon migration, and restrictions on which roads and footpaths can be closed simultaneously.

The Council are currently carrying out an advance works contract which comprises the diversion of a large number of existing public utilities and the felling of the majority of trees which may be impacted by construction of the project. This procurement exercise will still require the protection and small scale diversion of some public utilities and a small amount of tree felling.

The Council intend to appoint a main contractor to carry out the construction of this project under the terms and conditions of NEC3 (Engineering and Construction Contract) Option A contract.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Key Contract Personnel / Weighting: 20
Quality criterion - Name: Project Specific Method Statements / Weighting: 21
Quality criterion - Name: Contractor’s Tender Programme / Weighting: 11
Quality criterion - Name: Risk and Constraint Management / Weighting: 10
Quality criterion - Name: Communication and Public Liaison / Weighting: 10
Quality criterion - Name: Contractor Design Elements / Weighting: 5
Quality criterion - Name: Construction Phase Health & Safety Plan / Weighting: 5
Quality criterion - Name: Subcontractors & Supply Chain / Weighting: 5
Quality criterion - Name: Environmental Acceptability & Sustainability / Weighting: 5
Quality criterion - Name: Tender Presentation / Weighting: 5
Quality criterion - Name: Community Benefits / Weighting: 2
Quality criterion - Name: Fair Work Practices / Weighting: 1
Price - Weighting: 50
II.2.6)Estimated value
Value excluding VAT: 49 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 34
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Maximum number: 6
Objective criteria for choosing the limited number of candidates:

Envisaged minimum number: 5

Envisaged maximum number: 6

Bidders must pass the minimum standards of the ESPD within Sections 4A, 4B and 4D of the PCS-t Qualification envelope.

Bidders must complete the scored element of the ESPD within Technical and Professional Ability at Section 4C which can be found in the PCS-t Technical envelope.

Section 4C will be scored as per the scoring methodology detailed below. Bidders must score 2 out of 4 (50 %) or above in each question of the technical envelope to be considered for short-listing to the Invitation to Tender (ITT) stage. Subject to passing this minimum standard the sum of the Section 4C weighted scores for each bidder will be used to create a final shortlist based on the minimum and maximum number of bidders to be invited to the ITT as stated above.

Scoring methodology:

0 = 0 %: unacceptable, nil or inadequate response or fails to demonstrate previous experience/capacity/capability relevant to this criterion.

1 = 25 %: poor, response is partially relevant and poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/capacity or capability.

2 = 50 %: acceptable, response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature.

3 = 75 %: good, response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience,knowledge or skills/capacity/capability relevant to providing similar services to similar clients.

4 = 100 %: excellent, response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience,knowledge or skills/capacity/capability relevant to providing similar services to similar clients.

It is noted that the capability of bidders will be assessed on their previous experience of undertaking any major civil engineering project which has involved works in or adjacent to a river or coastal environment and which has been undertaken in or has had an impact on an adjacent or nearby major road.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Question 4C.2.1.3 - 4C.2.1.7:

Examples 60 %

Question 4C.2.1.8:

Project management experience: 15 %

Question 4C.2.1.9

Site manager/agent experience: 10 %


Support staff details: 10 %

Question 4C.2.1.11:

Environmental risks: 5 %

A further breakdown of the weightings can be found within ESPD Question 4C.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
III.1.2)Economic and financial standing
List and brief description of selection criteria:

Economic operators shall be required to satisfy minimum standards of economic and financial standing. To determine these standards, economic operators shall:

— Insurance Question 4B.5:

In response to Question 4B.5 economic operators must confirm they already have or can commit to obtain, prior to the commencement the following levels of insurance:

—— employer’s liability insurance = 10 000 000 GBP,

—— public liability insurance = 50 000 000 GBP,

—— professional indemnity insurance = 10 000 000 GBP,

— contractors “All Risks” insurance:

—— contractors pollution liability insurance = 5 000 000 GBP,

—— motor third party liability insurance = 5 000 000 GBP.

In responding to any part of Question 4B.5 of the ESPD, where the tenderer ticks the box “No, and I cannot commit to obtain it” they shall be marked as fail.

Minimum level(s) of standards possibly required:

(a) Question 4B.1 — Minimum “general” yearly turnover of 100 000 000 GBP for the last 2 years of trading, or for the period which is available if trading for less than 2 years.

(b) Question 4B.4 — Evaluation criteria ratios.

The financial information received under ESPD, Question 4B.4 shall be evaluated and scored out of 50 by allocating a score against 9 individual economic and financial standing evaluation criteria, namely:

1) Acid test ratio;

2) Cash interest cover ratio;

3) Return on capital employed;

4) Operating profit ratio;

5) Net worth;

6) Gearing;

7) Annual contract value to turnover;

8) Filed accounts;

9) Audit report.

The individual scores shall be weighted, with the most recent (“Year 1”) financial statements weighted at 67 % and the previous (“Year 2”) statements being weighted at 33 %, to form an aggregated score for each of the 9 criteria over the 2 years.

The maximum cumulative score resulting from the summation of the 9 economic and financial standing aggregated scores shall be 50 marks in each year. A submission shall be marked as a fail and will not be considered further if the score achieved by a single economic operator or a group of economic operators is less than 50 % of the available marks. The template laying out the scoring mechanism can be downloaded and is provided with the ESPD documentation.

(c) The Council will access a CreditSafe report for the tenderers organisation and use the information contained within to assist with the assessment of the tenderers economic and financial standing. A rating no less than 50 is required.

Where the submission has been submitted by a group of economic operators, the information submitted by each Group Member will be evaluated in the proportion of the percentage shareholdings or percentage equity/interest of each group member and a score determined for such group of economic operators on that basis. The template for this information (if relevant) is provided with the ESPD information.

In addition to the information requested under (a) and (b) economic operators are required to provide a link/copies of the associated annual accounts as filed at Companies House (or equivalent if not a UK registered company) for the last 2 years of trading, or for the period which is available if less than 2 years.

This information has been requested to enable Scottish Borders Council to perform their own assessment and confirm the financial ratios submitted. Ultimately, ensuring the correct score is allocated, and to ensure no misinterpretation. Where there exist differences in ratios, between those provided and those calculated by Scottish Borders Council clarification will be sought.

Where a tenderer does not meet any one of requirements (a), (b) or (c) then the tenderer will be marked as a fail and will progress no further in the tender process.

In the event the analysis of your financial position determines that additional measures are necessary in order to provide assurance of financial strength you may be required to provide a Parent Company Guarantee and/or Bank Guarantee.

In any event, and if your organisation is a private or public company and the tenderer is a subsidiary, then a completed Parent Company Guarantee is required for any subsidiary members from a consortium. The Council reserves the right to evaluate the economic and financial standing of the parent company in the same way as any other tenderer.

Should none of the above requirements be satisfactory to the Council, the Council reserves the right to exclude the tenderer from the tender process.

The Council further reserves the right to revisit any part of the ESPD evaluation process at any time during the procurement process prior to and at the point of any contract award.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

Question 4C.2.1.3:

Bidders are required to provide examples of works of a similar* nature and scale over the past 5 years that demonstrates experience to deliver the works. Bidders examples must include, but are not limited, the following details. The details may come from the same project or multiple projects:

(i) details of previous similar* projects which have involved a significant proportion of vibro-driven sheet piles and the methods used to control noise and vibration;

(ii) details of previous similar* projects which have involved the construction of temporary and/or permanent works in a river channel and the methods used to control the ingress of water;

(iii) details of previous similar* projects which have involved significant traffic and pedestrian management and the methods used to advertise, manage and execute the traffic management. Provide details of any lessons learned and what could work better in the future;

(iv) details of previous similar* projects which have involved the protection or diversion of public utilities and the methods used to ensure the integrity of such services during construction of the project;

(v) examples of initiatives undertaken by the bidder during the project examples that have added value (health and safety, environmental, cost, time or quality) to the project out-turn.

*Similar nature to a flood protection scheme means any major civil engineering project which has involved works in or adjacent to a river or coastal environment and which has been undertaken in or has had an impact on an adjacent or nearby major road.

It should be noted that the capability of the bidders will be assessed on their previous experience of undertaking works of a similar nature and scale.

ESPD 4C.2.1.8 — Provide details of project management experience, education and professional qualifications for those who carry out this role in projects of similar scale and complexity. Provide information for project managers who worked on the project examples provided and who are currently still employed by your organisation.

ESPD 4C.2.1.9 — Provide details of the site agent or site manager experience, education and professional qualifications for those who carry out the site agency or management roles in projects of similar scale and complexity. Provide information for Site Agents/Managers who worked on the project examples provided and who are still employed by your organisation.

ESPD 4C.2.1.10 — Provide details of the other management, technical and support staff who are an integral part of a project team delivering projects of similar scale and complexity. Describe the roles they undertake and the benefits they bring to the project.

ESPD 4C.2.1.11 — Demonstrate your understanding of the key environmental and ecological risks associated with a project of this scale, complexity and location. Identify how you have eliminated, controlled or mitigated similar risks in previous projects.

Minimum level(s) of standards possibly required:

ESPD 4D Quality management procedures:

The bidder must hold a UKAS (or equivalent) accredited independent third party certificate of compliance with BS EN ISO 9001 (or equivalent), or the bidder must hold the following:

A documented policy regarding quality management. The policy must set out responsibilities for quality management demonstrating that the bidder has, and continues to implement, a quality management policy that is authorised by their Chief Executive or equivalent, which is periodically reviewed at a senior management level.

ESPD 4D Quality assurance schemes:

The bidder must hold a UKAS (or equivalent) accredited independent third party certificate of compliance in accordance with BS OHSAS 18001 (or equivalent) or have, within the last 12 months, successfully met the assessment requirements of a construction-related scheme in registered membership of the safety schemes in procurement.

The bidder must be Constructionline accredited (or equivalent)or state they are willing to obtain.

ESPD 4D Environmental management systems or standards:

The bidder must hold a UKAS (Or equivalent) accredited independent third party certificate of compliance with BS EN ISO 14001 (or equivalent) or a valid EMAS (or equivalent) certificate, or the bidder must hold the following:

A regularly reviewed documented policy regarding environmental management, authorised by the chief executive or equivalent. The policy must include and describe the bidder’s environmental emergency response procedures, including the preparedness and response procedures for potential accidents, incidents and emergency situations that give rise to significant environmental impacts (e.g. hazardous substance spill control).

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1.1)Type of procedure
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2018/S 125-283876
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 23/04/2019
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 31/05/2019
IV.2.4)Languages in which tenders or requests to participate may be submitted:
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 4 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

Bidders should note that when it is judged by the Council (at their sole discretion) to be appropriate the Council will collaborate with relevant bodies (including Police Scotland) to actively share significant elements of information provided and detailed in this response.

Bidders shall ensure all relevant certificates, insurances, etc. are up to date.

If the tender is from a consortium, please note that only one tender from the consortium, nominating a lead organisation (which will be responsible for administration of the contract and in which regard shall also act as the central point for payment purposes), will be accepted. The full names, designations, and current addresses of all members of the consortium and the lead organisation will require to be submitted. In addition all members of the consortium will be required to execute the Contract together with all ancillary documentation, evidencing their joint and several liability in respect of the obligations and liabilities of the contract. Aside from the foregoing, it will otherwise generally be for the members of the consortium to sort out their respective liabilities amongst each other.

Once shortlisting has been completed for Stage 1 the following documents will be required:

Evidence of your company's insurance certification detailing the required level of insurance as per the levels stated within the Contract Notice.

A completed copy of the following forms:

Certificate of non-collusion, canvassing and declaration.

Freedom of information:

Non-involvement in serious crime declaration.

The Council reserves the right to enter into a negotiated value engineering exercise with suitable tenders if it considers it appropriate.

Should there be an insufficient number of candidates meeting the selection criteria to enable genuine competition then the Council may use a negotiated procedure without further publication of a Contract Notice.

Any change in circumstance, or change in information provided, following the submission of the ESPD, shall be notified by the tenderer to the Council as soon as practicable. The Council reserves the right to request additional information regarding this change. The Council reserves the right to reject or disqualify a tenderer where there is a change in identity, control, financial standing or other factors impacting on the selection or evaluation process affecting the tender.

The Council reserves the right not to award a contract without liability on its part.

The buyer is using PCS-Tender to conduct this PQQ exercise. The Project code is 13133

For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

A subcontract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363

Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361

A summary of the expected community benefits has been provided as follows:

The employment, training and work experience requirements of the community benefits clause will be included in the priced activity schedule for this tender, therefore bidders will be expected to price each element of these community benefits.

Scottish Borders Council is committed to maximising community benefit from its procurement activities. Under this procurement, the contractor and associated supply chain will be required to support the outcomes set out in the Scottish Borders Community Planning Partnerships' Community Plan and the Scottish Borders Council Corporate Plan. Accordingly contract performance conditions may relate in particular to social, economic and environmental considerations.

(SC Ref:576309)

VI.4)Procedures for review
VI.4.1)Review body
Scottish Borders Council
Council Headquarters
Newtown St Boswells
United Kingdom
Telephone: +44 1835824000
Fax: +44 1835825150

Internet address: http://www.scotborders.gov.uk

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Scottish Borders Council will incorporate a minimum 10 day standstill period at the point of information on the award of the contract is communicated to tenderers. The Public Contract (Scotland) Regulations 2015 (SSI, 2015 No. 446) provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rule to take action in the Sherriff Court or Court of Session. A claim for an ineffectiveness order must be made within 30 days of the Contract Award being published on the OJEU or within 30 days of the date to those who expressed an interest in or otherwise bid for the contract were informed of the conclusion of the contract or in any other case within 6 months from the date on which the contract was entered into.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice: