Kirklees Metropolitan Council : SURFACE DRESSING OF FOOTWAYS AND CARRIAGEWAYS WEST YORKSHIRE CONTRACT - KMCHS-140, 1 FEBRUARY 2014 - 31 JANUARY 2018

UK-Huddersfield: Surface dressing.

Section I: Contracting Authority
   I.1)Name, Addresses and Contact Point(s):
      The Council of the Borough of Kirklees
      Town Hall, Ramsden Street, Huddersfield, HD1 2TA, United Kingdom
      Tel. +44 1484221000, Fax. +44 1484225577, Email: highways.contracts@kirklees.gov.uk, URL: https://www.kirklees.gov.uk
      Contact: Robert Williams, Attn: Robert Williams
      Electronic Access URL: https://www.yortender.co.uk
      Electronic Submission URL: https://www.yortender.co.uk

      Further information can be obtained at: As Above       
      Specifications and additional documents: As Above       
      Tenders or requests to participate must be sent to: ANNEX A.III
            
   
   I.2)Type of the contracting authority:
      Regional or local authority

   I.3) Main activity:
      General Public Services

   I.4) Contract award on behalf of other contracting authorities:
      The contracting authority is purchasing on behalf of other contracting authorities: Yes

Section II: Object Of The Contract: WORKS
   II.1)Description
      II.1.1)Title attributed to the contract by the contracting authority: SURFACE DRESSING OF FOOTWAYS AND CARRIAGEWAYS WEST YORKSHIRE CONTRACT - KMCHS-140, 1 FEBRUARY 2014 - 31 JANUARY 2018
      II.1.2)Type of contract and location of works, place of delivery or of performance: WORKS         Execution


         Region Codes: UKE - YORKSHIRE AND THE HUMBER         
      II.1.3) Information about a public contract, a framework or a dynamic purchasing system: The notice involves the setting up of a framework agreement                                                        

      II.1.4)Information on framework agreement:      
            Framework agreement with several operators
            maximum number of participants to the framework agreement envisaged: 6
         Duration of the framework agreement:
                        Duration in months: 48
         Estimated total value of purchases for the entire duration of the framework agreement:
                                    
            Range between: 1,000,000 and 25,000,000
            Currency: GBP
                  
      II.1.5)Short description of the contract or purchase:
      Surface dressing. Surface work for roads. Surface work for footpaths. Surface work for highways. The Services will consist of the provision of labour, plant, materials and traffic management to carry out Surface Dressing of Footways and Carriageways within the administrative areas of the relevant Contracting Authority of the Council of the Borough of Kirklees, Leeds City Council, City of Wakefield Metropolitan Council, Bradford Metropolitan District Council, Calderdale Council and any other Local Authority (as defined in the Local Government Act 1972) within the Yorkshire and Humber Region. Details of the relevant Local Authorities who may participate under this Framework Contract can be found at:
http://local.direct.gov.uk/LDGRediret/MapLocationSearch.do?mode=1.1&map=4
as more fully described in the Service Information document which forms part of the Tender Documents.
         
      II.1.6)Common Procurement Vocabulary:
         44113810 - Surface dressing.
         
         45233220 - Surface work for roads.
         
         45233253 - Surface work for footpaths.
         
         45233210 - Surface work for highways.
         

      II.1.7) Information about Government Procurement Agreement (GPA):
         The contract is covered by the Government Procurement Agreement (GPA): No       
      II.1.8)Lots:
         This contract is divided into lots: No
      II.1.9)Information about variants:
         Variants will be accepted: No    
   
   II.2)Quantity Or Scope Of The Contract
      II.2.1)Total quantity or scope:
      Not Provided      
      
      II.2.2)Options: No          
         II.2.3)Information about renewals:
            This contract is subject to renewal: Not Provided         
   II.3)Duration Of The Contract Or Time-Limit For Completion      
         Duration in months: 48 (from the award of the contract)

   Information About Lots
               
Section III: Legal, Economic, Financial And Technical Information
   III.1)Conditions relating to the contract
      III.1.1)Deposits and guarantees required:
      Refer to Tender Documents. The contracting authority reserves the right to request contractors to provide a guarantee from their parent or ultimate holding company if necessary – see section A.12 of the business questionnaire contained within the tender documents (Please see file 03 Document to be returned Part A of the tender documents).
      
      III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
      Refer to Tender Documents
      
      III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
      Refer to Tender Documents
      
      III.1.4)Other particular conditions:
         The performance of the contract is subject to particular conditions:Yes       
      If Yes, description of particular conditions:
      Description of particular conditions: As detailed in the Tender Documents      
   III.2)Conditions For Participation
      III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers:

      Information and formalities necessary for evaluating if the requirements are met: Tenderers must complete and provide the relevant information and/or documents requested within the Business Questionnaire contained within the Tender Documents.
The relevant selection criteria set out within the Business Questionnaire are based on those criteria permitted under Regulations 23 to 26 of the Public Contracts Regulations 2006.
Kirklees Council, acting as the main Contracting Authority, reserves the right to refuse any Tenderer's application and to exclude its tender from evaluation in any of the circumstances as follows:
- in the event that the Business Questionnaire, supporting information or any other tender submissions are incomplete, inaccurate or misleading;
- for any reason specified in Regulation 23 (criteria for rejection of economic operators) of the Public Contracts Regulations 2006 which requires or permits the Council not to select or to treat as ineligible applicants/economic operators;
The information supplied in the Business Questionnaire will be scored according to the criteria set out within that document.
Tenderers scoring LESS THAN 16 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.      
      III.2.2)Economic and financial capacity
         Economic and financial capacity - means of proof required:         
         
         Information and formalities necessary for evaluating if requirements are met:
         Tenderers must complete Sections B and D of the Business Questionnaire contained within the Tender Document.
Minimum level(s) of standards possibly required: Section B – Financial requirments
In response to Sections B1 and B2 of the Business Questionnaire, Tenderers are required to provide their most recent two (2) years' FULL (non abbreviated) accounts (or for the period of your incorporation or trading if less than 2 years).
Responses to Section B2 will be scored as follows:
- Net Profit levels reasonable and consistent/increasing over 2 years = 6
- Net Profit levels reasonable but decreasing over 2 years = 4
- Net Profit levels low and consistent/increasing over 2 years = 2
- Net Profit levels low but decreasing over 2 years = 1
Should the Council establish that the submitted accounts are not the most recent accounts in accordance with the requirements at B1 and B2, the Council will use its judgement as to which figures to use for evaluation purposes.
Modified balance sheets, without trading account summaries and details of turnover are not acceptable.
Failure to supply requested accounts will result in exclusion.
In relation to Section B3 of the Business Questionnaire, the Tenderer's answer to section A12 of the Business Questionnaire (i.e. “is your parent company or ultimate holding company prepared to guarantee the performance of your company?”) was ‘yes,' Tenderers must provide that company's most recent two (2) years' FULL (non abbreviated) accounts. The information provided in response to B3 will be used in the
financial assessment of the Tenderer for the purposes of scoring of B1 and B2.
In relation to Section B4 of the Business Questionnaire, Tenderers must provide details of any material changes affecting their business operations since the end of the period to which the most recent submitted accounts apply. Any Information provided will be used to update the information provided at B1 and B2 and those scores will be adjusted accordingly.
Information supplied in response to Section B generally will be checked against the submitted accounts. In the event of any discrepancy, the figures stated in the submitted accounts will be used.
Section D – Insurance requirments
Further to Section D1 of the Business Questionnaire, all Tenderers must provide confirmation that their insurance cover meets the minimum insurance requirements, which are described in fuller detail in Section D1.
If a Tenderer does not possess the minimum insurance cover required, then they must confirm that if awarded a contract, they will meet the minimum insurance requirements, at no extra cost to the Council or the other Contracting Authorities, before contract commencement.
If the Tenderer's insurances do not meet the Contracting Authority's minimum requirements, and the Tenderer does not provide confirmation that it will meet said requirements before the Commencement of the contract, this will result in exclusion.
General
Kirklees Council, as the main Contracting Authority, reserves the right to carry out independent financial vetting if required. Any vetting which leads the contracting authority, acting reasonably, to conclude that it would be inappropriate to select the Tenderer on this occasion will lead to exclusion.
Tenderers scoring Less than 16 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.
For further information see Section VI.3 of this notice below.
      
      III.2.3)Technical capacity
         Technical capacity - means of proof required         
         
         Information and formalities necessary for evaluating if requirements are met:
         III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Tenderers must complete Section E of the Business Questionnaire contained within the Tender Document.
Minimum level(s) of standards possibly required:
In relation Section E1, Tenderers must provide a list of (i) the main activities of their business; and (ii) how long they have been undertaking them, relevant to this procurement.
Responses to E1 will be scored as follows:
- Examples provided matching client requirement = 4
- Poor examples provided or no relevant examples = 1
In relation Section E2, Tenderers must state the number of similar contracts that the company has carried out within the last 3 years.
Responses to E2 will be scored as follows:
- Examples provided matching client requirement = 4
- Poor examples provided or no relevant examples = 1
In relation Section E3, Tenderers must provide the names and full addresses of at least three referees for your company. Who have confirmed their willingness to provide a reference for similar types of work.
Responses to Section E3 will be scored as follows:
- Three or more relevant examples provided (closely matching client requirement) = 6
- Two relevant examples provided (matching client requirement) = 4
- One relevant (matching client requirement) examples provided = 2
- Poor examples provided or no relevant examples = 1
If the Council receives no references, or, if any information obtained from referees leads the Council, acting reasonably, to conclude (considering the risk that the relevant answer suggests about the Tenderer's ability to properly perform the contract) that it would be inappropriate to select the Tenderer on this occasion, then the Council reserves the right to exclude the Tenderer.
In relation Section E4, Tenderers must provide details of:
- Any penalties, default notices or liquidated damages awarded against it during the last 3 years in respect of comparable services;
- Any contracts terminated or any employment terminated under the terms of a contract during the last 3 years in respect of comparable services;
- Any contract not renewed for failure to perform to the terms of that contract; or
- Any incident where the Tenderer withdrew itself from a contract after the contract award but before its completion.
Responses to Section E4 will be scored as follows:
- No penalties, damages, terminations or withdrawals = 6
- Penalties etc applied with satisfactory explanation = 4
- Penalties etc applied without satisfactory explanation = 1
Responses to E5, E6 and E7 will not be scored and are for information only.
Tenderers scoring LESS THAN 16 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.
For further information see Section VI.3 of this notice below      
      III.2.4)Information about reserved contracts: Not Provided
Section IV: Procedure
   IV.1)Type Of Procedure
      IV.1.1)Type of procedure: Open
   
   IV.2)Award Criteria
      IV.2.1)Award criteria:      
         Lowest price

      IV.2.2)Information about electronic auction:
         An electronic auction will be used: No       

   IV.3)Administrative Information
      IV.3.1)File reference number attributed by the contracting authority: YORE-9D2KWE      
      IV.3.2)Previous publication(s) concerning the same contract: No

      IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document:



         Payable documents: No       
      
      IV.3.4)Time-limit for receipt of tenders or requests to participate
         Date: 13/01/2014
         Time: 13:00      
      IV.3.6)Language(s) in which tenders or requests to participate may be drawn up:         English
         
      IV.3.7)Minimum time frame during which the tenderer must maintain the tender
         Duration in month(s): 6
      
      IV.3.8)Conditions for opening tenders
         Place:
         Time and Place to be arranged
         Persons authorised to be present at the opening of tenders: Yes
            Representatives of Corporate Procurement, Audit and any other authorised Officer of the Council.


Section VI: Complementary Information

   VI.1)This Is A Recurrent Procurement: Yes
      Estimated timing for further notices to be published: Estimated timing for further notices to be published: At least 6 months prior to the expiry date.
   VI.2)Information about European Union funds:
      The contract is related to a project and/or programme financed by European Union funds: No       
   VI.3)Additional Information: Further to section (II.3) of this notice, all tenderers should note that the Framework Period is due to commence on or around 1st February 2014, and shall continue for a period of up to four (4) years thereafter (i.e. on or around 31st January 2018). HOWEVER, Further to Clauses 3 and 5 of the Framework Conditions of Contract set out in ‘Schedule 1’ of the Framework Agreement (please see file 01 Instructions, Conditions etc of the tender documents), each Contractor’s continuing participation in the Framework Arrangement is subject to an annual review by the Council and the other Contracting Authorities of any Services the Contractor has carried under any relevant Task Order called-off during the previous twelve month annual period in accordance with the Framework Conditions of Contract. Progression of such a Contractor onto successive years of the Framework Period will only follow a successful outcome of the annual review and satisfactory performance by the Contractor of its obligations under the Framework Agreement and any Task Orders called off thereunder during the relevant twelve month period. For the avoidance of any doubt, if a Contractor has not performed any services for either the Council or any of the other Contracting Authorities during the relevant annual period, then they will automatically proceed on to the next year of the Framework Period.

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement, and the contract will be awarded on the basis of the lowest price.
Estimated total value of purchase for the entire duration of the Framework Agreement
Please note the range of values stipulated in Section II.1.4 of this Notice covers the potential spend of all of the participating Contracting Authorities, across the whole of the Yorkshire and Humber Region, throughout the duration of the Framework Agreement.
Notwithstanding the above paragraph, however, for the avoidance of doubt please note that:
- The estimates given in Section II.1.4 of this Notice are strictly estimated values only. Any information supplied in the Tender Documents as to the likely volumes of Services or the times when they are likely to be required are given purely as indication of past experiences of the Contracting Authorities.
- Furthermore, please note that estimates give in Section II.1.4 of this Notice are based on third party estimates of anticipated future workloads during the Framework Period as at the date of this Notice, and Kirklees Council gives no warranty as to the accuracy of said data.
- The anticipated total value and usage of this Framework Agreement is unknown at present. Tenderers should note that it is not possible to establish an exact future workload and it is therefore not possible to guarantee that all or any the successful economic operators with whom Kirklees Council enters into the Framework Agreement will in fact be called upon to execute Services on behalf of Kirklees Council or any of the other Contracting Authorities. Unless otherwise specifically stated elsewhere in the Tender Documents, there is no minimum or maximum value/quantity of Services that may be ordered on any one occasion and the rates tendered must therefore reflect the likelihood of varying magnitude of Service and types of Service.
- No Contracting Authority is bound to enter into any Task Order or other contract following discussions or other representations and no Contracting Authority shall incur any liability in respect of any failure to enter into any Services Contract or in connection with the total volume, type of Services or value of Services anticipated by any of Tenderers or which any Tenderer is asked to carry out.
- Without prejudice to the generality of the foregoing, the Tenderer will not be reimbursed any costs or expenses incurred in discussions and preparation of documentation for any prospective Works.
Selection Criteria
Any selection of tenderers will be based purely on the criteria set out in the Business Questionnaire and the remaining Tender Documents.
Tenderers scoring LESS THAN 16 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.
Award Criteria
Notwithstanding the foregoing paragraph of this Section VI.3 above relating to SMEs, all Tenderers who reach the Selection Criteria as stipulated in the Business Questionnaire shall then be assessed and the Contract shall then be awarded on the basis of lowest price as follows:
- All Tenderers meeting the minimum thresholds as stipulated in the Business Questionnaire will be accepted onto the Framework Arrangement.
- Task Orders will be placed with the lowest priced Contractor in accordance with the procedure in Clause 5 of Schedule 1 of the Form of Framework Agreement attached to this document.
- In addition, Kirklees Council will undertake an appraisal of the rates in the Framework Price List.
- Tenderers may be asked to explain any anomalies at a Post-Tender Clarification Meeting.
- Abnormally high or low tenders may, at the sole discretion of Kirklees Council's be excluded.
The evaluation will be undertaken by Kirklees Council and the following other Contracting Authorities:
- Leeds City Council,
- City of Wakefield Metropolitan Council,
- Bradford Metropolitan Council, and
- Calderdale Council,
who will follow a systematic and comprehensive process in accordance with Council's procedures.
For further information, please refer to the Tender Documents.
Availability of Tender Documents
Tender Documents will be available from the website http://yortender.co.uk, with reference YORE-9D2KWE. If you need assistance in downloading the relevant information, or uploading your submission, then please contact the Supplier Helpdesk (01670 597136) or email yorkshiresupport@due-north.com.
Participating Contracting Authorities
The five (5) main Local Authorities within the Yorkshire and Humberside Region which are anticipated to place orders are as follow:
- Kirklees Council, The Town Hall, Ramsden Street, Huddersfield HD1 2TA
- Leeds City Council, Civic Hall, Calverley Street, Leeds LS1 1UR
- Bradford Metropolitan District Council, City Hall, Channing Way, Bradford BD1 1HY
- Wakefield Metropolitan District Council, Town Hall, Wood Street, Wakefield WF1 2HQ
- Calderdale Council, Town Hall, Crossley Street, Halifax HX1 1UJ
Details of the other relevant Contracting Authorities who may participate in this Framework can be found at http://local.direct.gov.uk/LDGRedirect/MapLocationSearch.do?mode=1.1&map=4.
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To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=78190984
GO-20131121-PRO-5282593 TKR-20131121-PRO-5282592
   
   VI.4)Procedures For Appeal
      VI.4.1)Body responsible for appeal procedures:
      Not Provided

      VI.4.2)Lodging of appeals: Precise information on deadline(s) for lodging appeals: The Council will incorporate a minimum 10 calender day standstill period at the point when information on the award of the contract is communicated to tenderers. "If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2009/2992) provided for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).   
   
      VI.4.3)Service from which information about the lodging of appeals may be obtained:
            Not Provided

   VI.5) Date Of Dispatch Of This Notice: 21/11/2013

ANNEX A
   
   III) Addresses and contact points to which tenders/requests to participate must be sent:
      Kirklees Council
      E-Procurement, Civic Centre III, Market Street, Huddersfield, HD1 2EY, United Kingdom
      Attn: Tender Opening Officer

   IV) Address of the other contracting authority on behalf of which the contracting authority is purchasing
      Purchased on behalf of other contracting authority details:
         1: Contracting Authority
      Leeds City Council
      Civic Hall, Calverley Street, Leeds, LS1 1UR, United Kingdom

   IV) Address of the other contracting authority on behalf of which the contracting authority is purchasing
      Purchased on behalf of other contracting authority details:
         2: Contracting Authority
      City of Bradford Metropolitan District Council
      City Hall, Channing Way, Bradford, BD1 1HY, United Kingdom

   IV) Address of the other contracting authority on behalf of which the contracting authority is purchasing
      Purchased on behalf of other contracting authority details:
         3: Contracting Authority
      Wakefield Metropolitan District Council
      Town Hall, Wood Street, Wakefield, WF1 2HQ, United Kingdom

   IV) Address of the other contracting authority on behalf of which the contracting authority is purchasing
      Purchased on behalf of other contracting authority details:
         4: Contracting Authority
      Calderdale Council
      Town Hall, Crossley Street, Halifax, HX1 1UJ, United Kingdom