Crossrail
Project Delivery Partner
OJEU Notice 2008/S 65-088136 Lot 2
Invitation to Tender
Part 1 - Instructions for Tendering
Confidential
__________________________________________________________
CROSS LONDON RAIL LINKS
PROJECT DELIVERY PARTNER
OJEU Notice 2008/S 65-088136 Lot 2
(Contract No. 2072 – Lot 2)
Invitation to Tender
Part 1 - Instructions for Tendering
This document contains proprietary information. No part of this document
may be reproduced without prior written consent from the Executive
Chairman of Cross London Rail Links Ltd.
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Contents
1. General
1.1 Introduction
1.2 Document
Structure
1.3 Disclaimer
1.4 Confidentiality
Agreement
1.5
Change in Circumstances
1.6
Publicity and Marketing
2.
The Tendering Process
2.1 General
2.2 Tender
Process
2.3 Data
Room
2.4 Tender
Programme
2.5 Tender
Communications
2.6
Tender Queries and Tender Amendments
3. Tender
Returns
3.1 General
Requirements
3.2 Tender
Qualifications
3.3 Pricing
Errors
3.4 Submission
Structure
3.5 Alternative
Tenders
4.
Stage 1 Tender Submission
4.1 Submission
Requirements
4.2 Technical
Submission
4.3 Commercial
Submission
4.4
Form of Tender
5.
Stage 2 Tender Submission
5.1 Submission
Requirements
5.2 Technical
Submission
5.3 Commercial
Submission
5.4
Form of Tender
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6.
Tender Evaluation and Contract Award
6.1 Compliance
6.2
Assessment Criteria and Evaluation
6.3 Tender
Presentations
6.4
Stage 1 Evaluation and Short-listing
6.5
Stage 2 Evaluation
6.6 Contract
Award
Appendices
Appendix A
Glossary
Appendix B
Form of Tender
Appendix C
Crossrail eSourcing Portal Guidance
Appendix D
Data Room Protocol
Appendix E
Commercial Information
Appendix F
Award Criteria, Sub-Criteria, Questions and Weightings
Appendix G
Staff Rates Schedule
Appendix H
Contract Duration Resource Estimate
Appendix I
Interim Incentive Schedule Pro forma
Appendix J
Final Incentive Schedule Pro forma
Appendix K
Incentives Flow Chart
Appendix L
First Service Delivery Plan
Appendix M
ITT Compliance Checklist
Appendix N
Resource Schedule
Appendix O
Resource Estimate
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1. General
1.1. Introduction
1.1.1 These Instructions for Tendering (IFT) are issued by Cross London Rail Links
Limited (CLRL).
1.1.2 Tenders are being invited from contracting entities who were selected by
CLRL following the evaluation of Expressions of Interest submitted in
response to a Contract Notice (2008/S 65-088136 Lot 2) published in the
Official Journal of the European Union.
1.1.3 The procurement process for this Contract will be in accordance with EU
Utilities Directive 2004/17/EC and the Utilities Contracts Regulations 2006
using the Negotiated Procedure.
1.1.4 Defined terms used in this IFT are as defined in Appendix A.
1.2 Document
Structure
1.2.1 The Invitation to Tender (ITT) documents are structured in two parts:
Part 1 - The Instructions for Tendering (IFT) provides details of the
competition being conducted by CLRL to select a Project Delivery Partner to
enter into the Contract .
Part 2 - The Contract sets out the terms and conditions for the appointment of
the Project Delivery Partner and defines the scope of the services that the
Project Delivery Partner is required to provide.
1.2.2 In addition to the ITT a briefing material document has been provided to
Tenderers. This provides background information on the Programme, Project
and the delivery organisation. This briefing material must be read in
conjunction with the ITT and all of the information provided in the data room.
1.3 Disclaimer
1.3.1 Any disclaimers or limitations in this ITT (whether appearing under the
heading of Disclaimer or otherwise) shall apply to and be for the benefit of
CLRL, its advisers and/or representatives acting on behalf of CLRL and shall
continue to apply to and be enforceable by CLRL.
1.3.2 This ITT and all other information, statements, opinions, conclusions, data
and communications, whether written or oral and however transmitted or
otherwise made available to Tenderers, which is made available to Tenderers
during the procurement process (together, the 'Information') is being provided
to Tenderers for information only and for the sole purpose of assisting them
to submit Tenders relating to the Crossrail Project Delivery Partner.
1.3.3 The Information does not purport to be comprehensive or to contain all of the
information that a Tenderer may require to submit a Tender. Any Tenderer
considering submitting a Tender in response to this ITT shall conduct its own
due diligence and seek its own professional, financial, legal and other advice
as appropriate.
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1.3.4 The Information made available by CLRL does not include any Legislation
which is applicable in relation to this ITT and/or the Contract. In producing
their Tenders, Tenderers shall satisfy themselves as to the requirements of
Legislation.
1.3.5 Words such as “anticipates”, “expects”, “projects”, “intends”, “plans”,
“believes”, “will” and terms with similar meaning indicate the present
expectation held by CLRL of future events, which are subject to a number of
factors and uncertainties that could cause CLRL’s requirements to differ from
those described in this ITT. If CLRL’s requirements change at any time
during this procurement process, Tenderers will be notified as soon as is
reasonably practicable.
1.3.6 Neither CLRL nor any of its advisers, representatives or agents acting on
CLRL’s behalf:
i)
accept any liability arising out of or in connection with the Information
including without limitation for any error or misstatement in, or
omission from, the Information and, so far as permitted by law, in
respect of any negligence or misrepresentation; and/or
ii)
give any representation, warranty or undertaking, express or implied,
with respect to the Information, including, without limitation, with
respect to the fairness, accuracy, adequacy or completeness of any of
the Information; and/or
iii)
shall be liable for any loss or damage (other than in respect of
fraudulent misrepresentation) arising out of or in connection with any
reliance on the Information.
1.3.7 None of the Information shall constitute a contract or part of a contract in any
way, and none of the Information is or should be relied on as a promise or
representation as to CLRL's ultimate decisions in relation to the Crossrail
Programme or that CLRL will enter into a contract with any Tenderer.
1.3.8 CLRL does not bind itself to enter into any contract or contracts arising out of
the procedures envisaged by this ITT and no contractual rights, express or
implied, arise out of this ITT or the procedures set out in it.
1.3.9 A response to this ITT does not guarantee that a Tenderer will be awarded a
contract.
1.3.10 CLRL reserves the right, at any time and without cost to CLRL, to the extent
permitted by law:
i)
to terminate or suspend any part of or the whole of this procurement
process and/or to withdraw this ITT at any time or to re-invite
responses on the same or any alternative basis; and/or
ii)
to waive any requirements of this procurement process; and/or
iii)
to vary any requirements and/or procedures relating to the
procurement process; and/or
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iv)
not to award the whole or part of the Contract as a result of this
procurement process.
1.3.11 CLRL reserves the right to reject or disqualify any Tenderer who:
i)
provides information or confirmations which later prove to be untrue or
incorrect; and/or
ii)
does not submit a Tender in accordance with the requirements of this
ITT or as directed by CLRL during the procurement process; and/or
iii)
fulfils any one or more of the criteria detailed in Regulation 26 of the
Utilities Contracts Regulations 2006; and/or
iv)
undergoes a change in identity, control, financial standing or other
materially adverse change affecting the Tenderer which in the
reasonable opinion of CLRL would have an adverse impact on the
procurement process or the ability of the Tenderer to perform the
Contract; and/or
v)
fails to put forward proposals to manage any actual or potential conflict
of interest arising, including any conflict between the interests of CLRL
and the Tenderer, any subcontractor of the Tenderer or any of their
respective professional advisers; and/or
vi)
fails to put forward proposals to manage any actual or potential conflict
of interest arising as a result of being appointed to both the
Programme Partner and Project Delivery Partner roles.
1.3.12 CLRL reserves the right to require the submission by a Tenderer of any
additional or supplemental information or clarification as it may, in its absolute
discretion, consider appropriate.
1.3.13 All Tenderers are solely responsible for all their costs and expenses incurred
in connection with this procurement process at all stages. Under no
circumstances will CLRL be liable for any costs or expenses borne by or on
behalf of the Tenderer or any party associated with this procurement process.
1.3.14 CLRL will be subject to the Freedom of Information Act 2000 and the
Environmental Information Regulations 2004, together with all codes of
practice, guidance and directions issued pursuant to the same from time to
time. CLRL may at its sole discretion be required to disclose any information
submitted by Tenderers as part of their response to this ITT.
1.3.15 The submission of a Tender in response to this ITT shall be deemed to imply
the Tenderer’s acceptance of terms and conditions in this ITT without
qualification.
1.4 Confidentiality
Agreement
1.4.1 This ITT has been issued to Tenderers who have entered into or agreed to
enter into a confidentiality agreement with CLRL (the "Confidentiality
Agreement"). All Information contained within this ITT constitutes
"Information" pursuant to the terms of the Confidentiality Agreement and
shall, as such, be treated by Tenderers in accordance with the terms of the
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Confidentiality Agreement. Any Tenderer who has not yet entered into a
Confidentiality Agreement acknowledges and agrees that this ITT has been
issued to it on the basis that it will enter into a Confidentiality Agreement and
agrees to comply with the terms set out therein as from the date of issue of
this ITT.
1.4.2 All Tenderers must have signed a Confidentiality Agreement before they can
gain access to the Data Room. Only individuals whose names have been
provided by the Tenderer to CLRL in advance will be allowed access to the
Data Room.
1.5
Change in Circumstances
1.5.1 Tenderers must notify CLRL immediately if there is a change in
circumstances from the Tenderer’s Expression of Interest including any
change to the identity, control, financial standing or composition of the
contracting entity comprising the Tenderer. Details of any changes must
also be set out in the Tender.
1.6
Publicity and Marketing
1.6.1 Tenderers are not permitted to:
i)
Make a public statement or communicate in any form with the media in
connection with this procurement process without first obtaining the
prior written consent of CLRL; and/or
ii)
Use any trade marks, logos or any other intellectual property rights
associated with CLRL or the Crossrail Programme; and/or
iii)
Represent that the Tenderer is directly or indirectly associated in any
way with CLRL or the Crossrail Programme; and/or
iv)
Engage in any form of ambush marketing or marketing which creates,
implies or refers to an association between the Tenderer and CLRL
and/or the Crossrail Programme; and/or
v)
Do anything or refrain from doing anything which would have an
adverse effect on or embarrass CLRL or the Crossrail Programme.
1.6.2 Tenderers should direct the media to the CLRL Helpdesk on 0845 602 3813
or [email address]. If required, Tenderers should seek further
guidance from CLRL through the Crossrail eSourcing Portal.
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2.
The Tendering Process
2.1. General
2.1.1 The tendering process seeks to determine the most economically
advantageous offer from the point of view of CLRL. CLRL will evaluate the
Tenders using the criteria and weightings listed in Appendix F.
2.1.2 Tenders must be submitted in accordance with the instructions in this IFT.
Tenders not complying with these instructions may be rejected by CLRL
whose decision on the matter will be final.
2.1.3 CLRL is conducting this tendering process via the Crossrail eSourcing Portal
(www.crossrail.bravosolution.com). Further guidance on the use of this portal
can be found in Appendix C.
2.1.4 Should the Tenderer find discrepancies in, or omissions from, the ITT
documents, should the intent or meaning appear unclear, or should any
question arise relating to the documents or the tender process, the Tenderer
should request clarification from CLRL.
2.1.5 All communications with regard to this tendering process must be via the
Crossrail eSourcing Portal only. Except where otherwise directed in this IFT,
Tenderers must not contact any person within CLRL, or connected with
Crossrail.
2.1.6 Any information issued to Tenderers in connection with this ITT remains the
property of CLRL. All such information may only be used for the purpose of
tendering and must be returned to CLRL on completion of the tendering
process.
2.2 Tendering
Process
2.2.1 The tendering process is divided into four broad stages:
i)
Stage 1 Tender period
ii)
Stage 1 evaluation and short-listing
iii)
Stage 2 Tender period and negotiation
iv)
Stage 2 evaluation and Contract award
The activities that will take place within these broad stages are outlined
below.
2.2.2 During the Stage 1 Tender period all Tenderers will jointly receive a briefing
from the CLRL Executive Team on the role of the Project Delivery Partner
and the tendering process. Tenderers will have an opportunity to ask
questions at this briefing. Any questions raised will be treated as tender
queries.
2.2.3 During Stage 1 tendering all Tenderers must prepare a Stage 1 Tender in
accordance with this IFT.
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2.2.4 During Stage 1 evaluation and short-listing CLRL will evaluate the Stage 1
Tenders against the award criteria shown in Appendix F.
2.2.5 As part of the evaluation of the Stage 1 Tenders, Tenderers will be required
to provide a presentation of no more than 1 hour duration.
2.2.6 Following the Stage 1 evaluation CLRL will shortlist one or more Tenderers.
The short-listed Tenderer(s) will enter a period of negotiations with CLRL and
develop their Stage 1 Tender into a Stage 2 Tender.
2.2.7 CLRL will arrange meetings with each short-listed Tenderer during Stage 2 of
the Tender period. Short-listed Tenderers will be invited to discuss their
proposals, but nothing said or intimated by CLRL at these meetings will be
deemed to constitute an approval of any proposal or an acceptance of its
adequacy in meeting CLRL’s requirements.
2.2.8 During Stage 2, Tenderers may request meetings with CLRL in addition to
those initiated by CLRL. If a Tenderer wishes to request such a meeting,
they should use the Crossrail eSourcing Portal messaging service to request
a meeting. When requesting a meeting, Tenderers should provide an agenda
and supporting information indicating the subject matter to be discussed so
that CLRL can arrange for the appropriate people to attend. CLRL will not be
obliged to agree to such requests.
2.2.9 During Stage 2, CLRL will issue guidance to all short-listed Tenderers on
proposals made or issues raised in meetings with a Tenderer where it
believes that is required by the duties of transparency and of equal and non-
discriminatory treatment.
2.2.10 CLRL will evaluate Stage 2 Tenders against the criteria listed in Appendix F
to establish the most economically advantageous offer from the point of view
of CLRL.
2.2.11 CLRL will notify all Tenderers of its intended Contract award decision
following the Stage 2 Tender evaluation.
2.2.12 Following a 10 day standstill period the Contract will be awarded.
2.3 Data
Room
2.3.1 Information relevant to this Tender will be made available to Tenderers within
a data room. The data room is both electronic and hard copy within the
CLRL offices. Further information on the data room is included in Appendix
D.
2.4 Tender
Programme
2.4.1 The Tender programme is given in Table 1 below. If these dates change
then new dates will be confirmed via the Crossrail eSourcing Portal
messaging service.
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Table 1 – Tender Programme
Key Stage
Event
Week
Date/Time
Stage 1
Issue ITT
0
25/09/08
Tendering
Stage 1 Tenders returned
10
05/12/08
12 noon
Stage 1
Stage 1 presentations
11
15/12/08
Evaluation
16/12/08
and Short-
listing
Time t.b.c
Stage 1 evaluation and short-listing
14 09/01/09
completed
Stage 2
Stage 2 Tenders returned
19
13/02/09
Tendering
12 noon
Stage 2
Stage 2 Presentations
20
23/02/09
Evaluation
Time t.b.c
and
Contract
Stage 2 Evaluation completed and
23 01/04/09
Award
Notify Tenderers
Award Contract
25
15/04/09
2.5 Tender
Communications
2.5.1 All communications between Tenderers and CLRL must be in English.
2.5.2 All written submissions, questions, queries, communications and the like from
Tenderers and CLRL, at all stages of the Tender and negotiation process,
shall be undertaken via the Crossrail eSourcing Portal messaging service.
2.5.3 Tenderers will be expected to make their own record of meetings. CLRL
does not intend to issue or agree minutes or other records of meetings.
Tenderers will not be allowed to use voice or other recording equipment to
record the meetings.
2.6
Tender Queries and Tender Amendments
2.6.1 CLRL intends to circulate the answers to all Tender queries to all Tenderers
for information. Tenderers should clearly identify any queries they wish to
have treated as confidential. It shall be at the discretion of CLRL, acting in
accordance with the requirements of the Regulations, whether any such
query can be responded to on a confidential basis.
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2.6.2 All Tender queries will be responded to via the Crossrail eSourcing Portal
messaging service.
2.6.3 CLRL will answer Tenderers’ queries provided they are received at least
seven days prior to the relevant stage Tender return date. Queries raised in
the seven day period prior to the Tender return date may not be answered.
2.6.4 If any query results in a change to the ITT documents then a tender
amendment will be issued. Tender amendments will be communicated via
the Crossrail eSourcing Portal messaging service.
2.6.5 If a statement is made at any meeting by any CLRL representative that the
Tenderer considers is not in accordance with the ITT documents then the
Tenderer must raise a query via the Crossrail eSourcing Portal messaging
service.
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3 Tender
Returns
3.1 General
Requirements
3.1.1 Tenders must be submitted in accordance with the IFT including any tender
amendments. Please refer to Appendix M – ITT Compliance Checklist
3.1.2 CLRL’s decision as to whether or not a Tender complies with this IFT will be
final.
3.1.3 Tenders not received by CLRL by the relevant Tender return date and time
will be excluded from further consideration. Stage 2 Tenders must remain
open for acceptance for 120 calendar days from the Stage 2 Tender return
date as notified by CLRL.
3.1.4 If a Tenderer is successful in being awarded the Contract, proposals for
undertaking the requirements of the Contract contained within its Tender shall
carry forward into the operation and delivery of the Contract. Tenderers must
therefore ensure that their commercial submissions within their Tenders
reflect the commitments given in the remainder of their submission.
3.1.5 All Tender prices, rates and the like must be completed in pounds sterling (£).
Only the Commercial Submission is to contain pricing information. No
reference should be made within any other sections of the Tender to prices,
lump sums, costs, unit rates, hourly rates, or other information of a
commercial nature unless specifically requested by CLRL.
3.1.6 Tenders shall be self contained documents and should not rely on cross
references to documents which are not required to be submitted as part of
the Tender.
3.1.7 Tenders must include the question (See Appendix F) followed by its
response. When stating the question it is essential that it is preceded by the
relevant reference number including the square brackets e.g. [B3].
Supporting information must be referenced to the relevant question otherwise
CLRL may not be able to evaluate information.
3.1.8 When producing the Commercial Submission assume the following dates:
• Contract Start Date
20 April 2009
• Contract Completion Date
31 December 2017
3.2 Tender
Qualifications
3.2.1 Tender qualifications are strongly discouraged and should only be made in
relation to Contract terms and conditions that the Tenderer cannot comply
with under any circumstances, or at any price. If the Tenderer wishes to
make any qualifications then this must be done with the Stage 1 Tender and
they must be contained within, and in accordance with, Part 4 of the Form of
Tender in Appendix B. Qualifications are not permitted with Stage 2 Tenders.
3.2.2 CLRL reserves the right to disregard a Tender which contains tender
qualifications.
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3.3 Pricing
Errors
3.3.1 Should a genuine error be discovered in the Tenderer’s pricing during the
evaluation period the Tenderer will be given an opportunity of confirming the
Tender or of amending it to correct the error.
3.4 Submission
Structure
3.4.1 The Tender submission must have the file structure and file name convention
as detailed within Table 2. Sections 1–8 (Technical Submission) should be
submitted as a single file. Sections 9-12 (Commercial Submission) should be
submitted as a single file. Sections 13-17 should be submitted as individual
files.
3.4.2 Documents must be submitted in both a Microsoft Word format and a text
readable pdf file format. The commercial file must be submitted in an Excel
format.
3.4.3 Tenders must only attach documents that have been requested.
Note: The columns entitled Stage 1 and Stage 2 indicate what is required to
be submitted at each stage.
Table 2
Submission Structure
Stage 1
Stage 2
File No. / Name
Section
1. General Approach to
* *
01_Technical Submission. –
delivering an effective and
General
efficient service
Approach_[Tenderers Name]
* *
01_Technical Submission. –
2. Delivering the
Programme
Programme to Budget
Budget_[Tenderers Name]
* *
01_Technical Submission. –
3. Delivering the
Programme
Programme on Time
Time_[Tenderers Name]
* *
01_Technical Submission –
4. Safe Delivery of the
Safe Delivery of the
Programme
Programme_[Tenderers
Name]
* *
01_Technical Submission –
5. Sustainable and
Sustainable & Responsible
Responsible Delivery of the
Delivery of the
Programme
Programme_[Tenderers
Name]
* *
01_Technical Submission –
6. Delivering a World Class
Delivering a World Class
Railway
Railway_[Tenderers Name]
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*
NA 01_Technical
Submission
–
7. Design Package
Design Package
Comments
Comments_[Tenderers
Name]
* *
01_Technical Submission –
8. Previous Projects
Previous Projects
Schedule
Schedule_[Tenderers Name]
* *
02 Commercial Submission
9. Staff Rates Schedule –
–Staff Rates
(Appendix G)
Schedule_[Tenderers Name]
*
NA
02 Commercial Submission
10. Contract Duration
–Resource Estimate
Resource Estimate –
Appendix H_[Tenderers
(Appendix H)
Name]
NA *
02 Commercial Submission
11. Resource Schedule
– Resource
(Appendix N)
Schedule_[Tenderers Name]
NA *
02 Commercial Submission
12. Resource Estimate
– Resource Estimate
(Appendix O)
Appendix O_[Tenderers
Name]
13. Interim Incentive
*
*
03 Commercial Submission
Schedule (Appendix I)
–IIS_[Tenderers Name]
14. Final Incentive
*
NA
04 Commercial Submission
Schedule (Appendix J)
–FIS_[Tenderers Name]
15. First Service Delivery
*
*
05 Commercial Submission
Plan (Appendix L)
–FSDP_[Tenderers Name]
16. Change in
*
*
06_CIS_[Tenderers Name]
Circumstances
17. Form of Tender
*
*
07_FOT_[Tenderers Name]
(Appendix B)
3.5 Alternative
Tenders
3.5.1 Tenderers may provide alternative Tenders, but these will only be considered
if the Tenderer has also submitted a compliant Tender. If providing an
alternative Tender this should be within an entirely self-contained and
separate document clearly indicating that it is an alternative Tender
submission.
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4.
Submission of Stage 1 Tenders
4.1 Submission
Requirements
4.1.1 The following must be submitted with the Stage 1 Tender:
Signed Confidentiality Agreement (if not already provided).
The Stage 1 Tender must include the following information contained within
the electronic and hard copy documents:
i)
Technical Submission as explained below;
ii)
Commercial Submission as explained below;
iii)
Change in circumstances; and
iv)
Form of Tender in the form contained in Appendix B.
4.1.2 Tenderers must publish their Stage 1 Tender in the Crossrail e-Sourcing
Portal in accordance with the Tender programme in Table 1.
4.1.3 Within 1 working day of publishing their Stage 1 Tender, Tenderers must also
submit one bound hard copy of the proposal to the following address.
Alistair Booth – Procurement Manager
Cross London Rail Links Ltd
Procurement Department
Portland House
Bressenden Place
London
SW1E 5BH
4.1.4 The hard copy should be submitted in a sealed unmarked package with the
Commercial Submission contained within a separate envelope within that
package and marked ‘Commercial Submission’. The hard copy and the
electronic copy of the Stage 1 Tender must have identical content.
4.2 Technical
Submission
4.2.1 The Technical Submission must clearly articulate the Tenderer’s proposed
approach to delivery of the Contract.
4.2.2 The award criteria, sub-criteria and questions are linked to the subject matter
of the Project Delivery Partner Contract. The Technical Submission must be
structured to answer the questions as detailed within Appendix F.
4.2.3 The Technical Submission must include, as requested, evidence from
previous projects undertaken by the Tenderer to demonstrate that the
proposed approach is likely to be successfully delivered.
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4.2.4 The organisational proposals should in particular take account of the
following key information:
i)
The scope of works as set out in this ITT defining the role of the
Programme Partners;
ii)
Background to the organisation contained in the briefing material
issued with the ITT;
iii)
Organisation charts in the data room;
iv)
The existing CLRL staff schedule in the data room;
4.2.5 The Technical Submission should explain how, if awarded the Contract, the
Tenderer will deliver the services, manage or help to mitigate the key risks,
and help to deliver a successful Project outcome. In particular, the questions
require Tenderers to consider:
i)
Delivering the Project to budget
ii)
Delivering the Project to time
iii)
Safe delivery of the Project
iv)
Sustainable and responsible delivery of the Project
v)
Delivering a world-class railway
CLRL’s obligations and aspirations in these areas are contained in the ITT,
briefing material issued with the ITT, and the data room.
4.2.4 Tenderers should note that the briefing material represents the position in
July 2008 and the scope sets out the current position. It is possible that there
are discrepancies between these documents and, if this occurs, Tenderers
must base their proposals on the ITT.
4.2.6 In total, the Technical Submission must not exceed the page limit, which is 50
sheets of A4 paper (100 sides). Text must be presented in the Tenderer’s
‘house style’ with a font no smaller than Arial 11 point, single-spaced with the
margins set at 2.5cm. A minimum of Arial 8 point font can be used for
diagrams, drawings and flow charts.
4.2.7 The hard copy of the Technical Submission should be printed on both sides
of each sheet. The contents page and covers of the hard copy are not
included in the page limit. Tenderers may use A3 paper in lieu of A4, but
each A3 sheet will be counted as two A4 sheets. The pages of the hard copy
of the Technical Submission must be numbered. Page numbers and other
header or footer information may be included in the margin space.
4.2.8 The Technical Submission must include a ‘previous projects’ schedule listing
all of the previous projects referred to in your Tender. The schedule must
contain the following information:
i)
Client, contact name and contact details
ii)
Overall value of the project
iii)
The value of your services
iv)
The dates between which your services were provided
The previous projects schedule does not form part of the page limit.
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4.2.9 The Technical Submission must include a proposed Interim Incentive
Schedule for the first Contract Year using the pro forma given in Appendix I.
The proposed Interim Incentive Schedule must not include Interim Actual
Amounts (or other commercial information) but must clearly show:
i)
The proposed Interim KPIs, which must be supported by definitions
and methods of measurement; and
ii)
Proposed Performance Bands that cover the full range of possible
performance levels for each Interim KPI.
The Interim Incentive Schedule submission is to be provided by Tenderers
for information purposes only and will not be evaluated. It does not form
part of the page limit.
4.2.10 The Technical Submission must include a proposed Final Incentive Schedule
using the pro forma given in Appendix J. The proposed Final Incentive
Schedule must not include any percentages relating to Programme KPIs and
Performance Bands (or other commercial information) but must clearly show:
i)
The proposed Programme KPIs, in line with the aims identified in the
pro forma, which must be supported by definitions and methods of
measurement; and
ii)
Proposed Performance Bands that cover the full range of possible
performance levels Programme KPI.
The Final Incentive Schedule submission is to be provided by Tenderers for
information purposes only and will not be evaluated. It does not form part of
the page limit.
4.2.11 The Technical Submission must include the Tenderers comments on the
proposed design packages that are anticipated to be awarded under the
design framework contract. This is to be provided for information purposes
only and will not be evaluated. It does not form part of the page limit.
.
4.2.12 The Technical Submission must include a proposed First Service Delivery
Plan Schedule of Deliverables and Target Dates for the first Contract Year
using the table format given in Appendix L. This schedule is to be provided
by Tenderers for information purposes only and will not be evaluated. It does
not form part of the page limit.
4.2.13 If the Technical Submission exceeds the page limit then the Tender may be
rejected.
4.2.14 If a Tenderer considers that the page limit is insufficient to provide the
information required by this IFT then a Tender query should be raised. No
guarantee can be given that the page limit will be increased.
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4.3 Commercial
Submission
4.3.1 Background to the Commercial Submission is provided in Appendix E.
4.3.2 Tenderers
must:
i)
Provide a completed
staff rates schedule using the template
spreadsheet provided in Appendix G.
ii)
Provide a Project Delivery Partner Contract Duration Resource
Estimate for the entire duration of the Contract using the template
spreadsheet provided in Appendix H.
4.4
Form of Tender
4.4.1 Tenderers must complete and include the Stage 1 Form of Tender provided
in Appendix B.
4.4.2 The Form of Tender must be completed and signed by an officer (or officers)
empowered to make such commitments on behalf of the Tenderer.
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5
Submission of Stage 2 Tenders
5.1 Submission
Requirements
5.1.1 Each short-listed Tenderer must submit a compliant Stage 2 Tender. This
must adopt and develop the proposals submitted in the Tenderer's Stage 1
Tender.
5.1.2 The Tender must be a stand alone document and must not cross-refer to the
Stage 1 Tender.
5.1.3 The Tender must include the following information contained within the
electronic and hard copy documents:
i)
Expanded Technical Submission as explained below;
ii)
Updated Commercial Submission as explained below;
iii)
Change in circumstances; and
iv)
Form of Tender in the form contained in Appendix B.
5.1.4 Tenderers must publish their Stage 2 Tender in the Crossrail e-Sourcing
Portal in accordance with the Tender programme in Table 1.
5.1.5 Within 1 working day of publishing their Stage 2 Tender, Tenderers must also
submit one bound hard copy of the proposal to the following address.
Alistair Booth – Procurement Manager
Cross London Rail Links Ltd
Procurement Department
Portland House
Bressenden Place
London
SW1E 5BH
5.1.6 The hard copy should be submitted in a sealed unmarked package with the
Commercial Submission contained within a separate envelope within that
package and marked ‘Commercial Submission’. The hard copy and the
electronic copy of the Stage 2 Tender must have identical content.
5.2 Technical
Submission
5.2.1 The Technical Submission must clearly articulate the Tenderer’s proposed
approach to delivery of the Contract.
5.2.2 The award criteria, sub-criteria and questions are linked to the subject matter
of the Contract. The Technical Submission must be structured to answer the
questions as detailed within Appendix F.
5.2.3 Tenderers must submit a proposed First Service Delivery Plan. The First
Service Delivery Plan must be consistent with the remainder of the Technical
Submission. The First Service Delivery Plan is not independently evaluated
but parts of it may be taken into account in the evaluation where the
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Technical Submission expressly cross-refers to it in responses to the
questions contained in Appendix F.
5.2.4 The First Service Delivery Plan must include the Schedule of Deliverables
and Key Dates as supplied by CLRL following the Stage 1 evaluation.
5.2.5 In total, the Technical Submission (excluding the First Service Delivery Plan)
must not exceed the page limit, which is 75 sheets of A4 paper (150 sides).
Text must be presented in the Tenderer’s ‘house style’ with a font no smaller
than Arial 11 point, single-spaced with the margins set at 2.5cm.
5.2.6 The hard copies of the Technical Submission should be printed on both sides
of each sheet. The contents page and covers of the hard copy are not
included in the page limit. Tenderers may use A3 paper in lieu of A4, but
each A3 sheet will be counted as two A4 sheets. The pages of the hard copy
of the Technical Submission must be numbered. Page numbers and other
header or footer information may be included in the margin space.
5.2.7 If the Technical Submission exceeds the page limit then the Tender may be
rejected.
5.2.8 If a Tenderer considers that the page limit is insufficient to provide the
information required by this IFT then a Tender query should be raised. No
guarantee can be given that the page limit will be increased.
5.2.9 The Technical Submission must include a ‘previous projects’ schedule listing
all of the previous projects referred to in your Tender. The schedule must
contain the following information:
v)
Client, contact name and contact details
vi)
Overall value of the project
vii) The value of your services
viii) The dates between which your services were provided
The previous projects schedule does not form part of the page limit.
5.3 Commercial
Submission
5.3.1 In advance of submission of Stage 2 Tenders, Tenderers will be provided
with the completed Final Incentive Schedule, which will be included in
Appendix 4 of the Contract.
5.3.2 Tenderers must:
i)
Provide a completed staff rates schedule using the template
spreadsheet provided in Appendix G. These staff rates must not
exceed the rates submitted in the Stage 1 Tender.
ii)
Provide a Resource Schedule for the first Contract Year using the
template spreadsheet provided in Appendix N.
iii)
Provide a Resource Estimate from the end of the first Contract Year to
the assumed Contract Completion Date (see 3.1.8) using the template
spreadsheet provided in Appendix O.
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iv)
Complete the Interim Incentive Schedule containing the Interim KPIs
as supplied by CLRL following the Stage 1 evaluation. The completed
Interim Incentive Schedule must clearly show:
a. The Interim Maximum Amount; and
b. The Interim Actual Amounts, in pounds, that would be allocated to
the achievement of the particular Performance Bands for the
Interim KPIs.
5.4
Form of Tender
5.4.1 Complete and include the attached Stage 2 Form of Tender (see Appendix
B).
5.4.2 The Form of Tender must be completed and signed by an officer (or officers)
empowered to make such commitments on behalf of the Tenderer.
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6
Tender Evaluation and Contract Award
6.1 Compliance
6.1.1 Each Tender will be checked initially for compliance with this IFT. CLRL may
seek clarification from a Tenderer to help determine if a Tender submitted by
that Tenderer is compliant.
6.2
Assessment Criteria and Evaluation
6.2.1 All Tenders that are compliant will be assessed using the same methodology.
CLRL will carry out its evaluation according to the criteria, sub-criteria and
weightings given in Appendix F.
6.2.2 The Evaluation Panel will evaluate the Tenders based wholly on the contents
of the written Tender submissions, which must therefore contain all the
information which Tenderers wish to be considered, and the Tender
presentations.
6.3 Tender
Presentations
6.3.1 Presentations must be given by the key persons who will be responsible for
the day-to-day delivery of the Contract services. The presentations are not
an opportunity to add new information and modify the Tender but to explain
the Tender. Presentations should be used to explain the proposals and the
rationale underpinning their development, including the input of experience
gained from the delivery of similar work.
6.3.2 Presentations will be assessed in accordance with the criteria in Appendix F.
6.4
Stage 1 Evaluation and Short-listing
6.4.1 As part of the evaluation of the Stage 1 Tenders, Tenderers will be required
to provide a presentation of no more than 1 hour duration covering the key
aspects of their proposal.
6.4.2 Up to eight of the Tenderers’
key persons should attend the presentation.
CLRL may ask questions during and/or after the presentation. Overall the
presentation and question/answer session will last no more than 2½ hours.
6.4.3 Tenderers may be required to answer written queries and provide further
information to clarify their Stage 1 Tender.
6.4.4 Tenderers may be required to attend further clarification interviews or provide
further presentations on specific aspects of their Stage 1 Tender.
6.4.5 Following the Stage 1 evaluation CLRL will shortlist one or more Tenderers.
The short-listed Tenderer(s) will enter a period of negotiations and develop
their Stage 1 Tender into a Stage 2 Tender.
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6.5
Stage 2 Evaluation
6.5.1 As part of the evaluation of the Stage 2 Tenders, Tenderers will be required
to provide a presentation of no more than 2 hours duration covering the key
aspects of their proposal.
6.5.2 Up to eight of the Tenderers’ key management staff (who would comprise the
key persons under the Contract) should attend the presentation. CLRL may
ask questions during and/or after the presentation. Overall the presentation
and question/answer session will last no more than 4 hours.
6.5.3 Tenderers may be required to answer written queries and provide further
information to clarify their Stage 2 Tender.
6.5.4 Tenderers may be required to attend further clarification interviews or provide
further presentations on specific aspects of their Stage 2 Tender.
6.6 Contract
Award
6.6.1 Following the Stage 2 Tender evaluation and before Contract award, CLRL
will require confirmation that the
key people are available to commence
delivery of the services.
6.6.2 CLRL will notify all Tenderers of its Contract award decision.
6.6.3 Following the 10 day standstill period the Contract will be awarded.
6.6.4 CLRL will award the Contract to the Tenderer submitting the most
economically advantageous offer from the point of view of CLRL.
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Appendix A
Glossary
In this Part 1, the following defined terms have the following meanings.
CLRL
Cross London Rail Links Limited of Portland House,
Bressenden Place, London SW1E 5BH.
Contract
The Project Delivery Partner contract to be entered into
between CLRL and the successful Tenderer in the form
contained in Part 2 of this ITT.
Contract Year
A twelve month period, commencing 1 April, save that the first
Contract Year shall be the period from the Contract Date to and
including the 31 March 2010.
Design
The design consultants to be appointed by CLRL under
Framework
framework agreements relating to the detailed design of the
Consultants
Crossrail Programme pursuant to OJEU Notice 2008/S 65-
088136.
DfT
The Department for Transport.
Expression of
An expression of interest submitted in response to a Contract
Interest
Notice (2008/S 65-088136 Lot 1) published in the Official
Journal of the European Union.
incentive schedule The “Incentive Schedule” as defined in the Contract.
IFT
The Instructions for Tendering in this Part 1
ITT
This Invitation to Tender (Parts 1 and 2).
key people /
“key persons” as defined in the Contract in Part 2.
persons / staff
Legislation
As defined in the Contract in Part 2.
PDA
The project development agreement to be entered into between
CLRL and the Sponsors appointing CLRL to deliver and
implement the Crossrail Project.
Pre-qualification
The pre-qualification pack for the Project Delivery Partner(s)
Pack
contract 2072 pursuant to OJEU Notice 2008/S 65-088136.
Programme or
The “Programme” as defined in the Contract in Part 2.
Crossrail
Programme
Programme
The partner to be appointed by CLRL pursuant to OJEU Notice
Partner
2008/S 65-088136 in relation to the Crossrail Programme.
Regulations
The Utilities Contracts Regulations 2006.
Resource
As defined in the Contract in Part 2.
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Schedule
Scope
The Scope at Appendix 1 to the Contract in Part 2.
Service Delivery
As defined in the Contract in Part 2.
Plan
services
“services” as set out in the Contract in Part 2.
Sponsors
TfL and DfT.
staff rates
“staff rates” as defined in the Contract in Part 2.
Subconsultant
As defined in the Contract in Part 2.
Tender
A submission by a Tenderer in response to this ITT.
Tenderer
A party selected by CLRL following the evaluation of
Expressions of Interest submitted in response to a Contract
Notice (2008/S 65-088136 Lot 1) published in the Official
Journal of the European Union.
TfL
Transport for London.
Time Charge
As defined in the Contract in Part 2
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Appendix B
Form of Tender
PART 1 - OFFER
INVITATION TO TENDER FOR CONTRACT NO. 2072 – LOT 2
[STAGE 1] / [STAGE 2]1 TENDER
Crossrail Project Delivery Partner Contract
Having examined the Invitation to Tender documents (ITT) for the above named
contract, we hereby submit our Tender and confirm that:
1.
our completed Tender constitutes a bona fide offer, in full conformity with the
ITT documents, to carry out the
services in accordance with the Contract terms
and conditions contained in Part 2 of the ITT for the rates and prices as set
forth in the Commercial Submission forming part of our Tender;
2.
[we will submit a Stage 2 Tender in accordance with the ITT if invited to do so
by CLRL; and]2
[this offer shall be valid for one hundred and twenty (120) days from the Tender
return date; and]3
3.
Parts 2 - 4 of this Form of Tender are an integral part of our Tender.
Signed:4
For and on behalf
of:
Name:
Date:
Position:
Notes:
1. Delete as appropriate
2. Include in Stage 1 Tender only
3. Include in Stage 2 Tender only
4. This form should be completed and signed by an officer empowered to make
such commitments on behalf of the Tenderer.
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Appendix B (cont.)
Form of Tender
PART 2 - CERTIFICATE OF BONA FIDE TENDER
INVITATION TO TENDER FOR CONTRACT NO. 2072 – LOT 2
Crossrail Project Delivery Partner Contract
We, the undersigned, certify that:
1.
this is a bona fide Tender intended to be competitive and the amount has not
been fixed or adjusted by any agreement or arrangement with any other person
or persons;
2.
we have not and shall not undertake any of the following acts prior to the award
of a formal contract:
a. Communicate to a person or persons other than CLRL, the amount or
approximate amount of the Tender or any part thereof except where
necessary, in confidence, to obtain quotations required for the preparation
of this Tender;
b. Obtain or attempt to obtain, directly or indirectly, from any person or
persons information concerning any other Tenderer or Tender submitted by
another Tenderer in relation to this procurement process;
c. Enter into any agreement or arrangement with any other person or persons:
i.
to fix or adjust any Tender price;
ii.
such that said person or persons shall refrain from submitting a
Tender or as to the amount of Tender or any part thereof to be
submitted by such person(s);
d. Offer, pay, give or agree to pay or give any sum of money or valuable
consideration directly or indirectly to any person or persons for doing,
agreeing to do or having done or causing, agreeing to cause or having
caused to be done to any tender for these services any act or thing of the
sort described above;
e. Commit an offence under the Prevention of Corruption Acts 1889 to 1916 or
give any fee or reward the receipt of which is an offence under sub-section
2 of Section 117 of the Local Government Act 1972.
In this certificate "any person or persons" refers to any body or association,
incorporated or unincorporated, and any "agreement or arrangement" including any
such transaction, formal or informal and, whether legally binding or not.
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Signed:
For and on behalf
of:
Name:
Date:
Position:
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Appendix B (cont.)
Form of Tender
PART 3 - ITT AMENDMENTS
INVITATION TO TENDER FOR CONTRACT NO. 2072 – LOT 2
Crossrail Project Delivery Partner Contract
We acknowledge acceptance of the following modifications of the ITT documents:
Date Number
Method
of
Title
transmission
Note:
Either in response to requests for additional information or clarification in respect of
this ITT, or in its own right, CLRL may modify the ITT in any respect, by way of
clarification, addition, deletion or otherwise, prior to the closing date. The Tenderer
shall incorporate such modification(s), confirmation of which shall be made in this
Part of the Form of Tender.
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Appendix B (cont.)
Form of Tender
PART 4 - QUALIFICATIONS TO ENQUIRY
INVITATION TO TENDER FOR CONTRACT NO. 2072
Crossrail Project Delivery Partner Contract
Tenderers must provide a statement confirming acceptance of the Contract terms
and conditions contained in Part 2 of the Invitation To Tender documents. In the
event that the Tenderer cannot comply with any of the Contract terms and conditions
under any circumstances or at any price and therefore wishes to make any
qualification, then the precise alternative wording, together with the commercial
benefit to Cross London Rail Links Limited should any qualification be accepted,
should be clearly stated using this form with the Stage 1 Tender. No qualifications
may be submitted with the Stage 2 Tender. Only those qualifications so stated
below shall be considered by Cross London Rail Links Limited, and any qualifications
raised or submitted at a later date will not be considered.
Provide details below:
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Appendix C
Crossrail eSourcing Portal - Guidance
Overall Process
This Tender will be conducted under an eTendering procedure. eTendering is a suite
of collaborative, web based tools that enable procurement professionals and
suppliers to conduct the strategic activities of the procurement lifecycle over the
internet. It provides a simple, secure and efficient means of managing tendering
activities, reducing the time and effort for both buyers and suppliers.
CLRL intends to conduct this procurement via the Crossrail eSourcing Portal
(www.crossrail.bravosolution.com).
Tenderers will have already registered on the Crossrail eSourcing Portal and
downloaded the ITT documents.
Responding to the Invitation to Tender
Tenderers should use the “Messages” function to communicate with Crossrail.
Tenderers must click the “Reply” button to activate the “Publish” button.
Tenderers should upload the Tender Submission and click “Publish” and then
“Confirm” when they wish to submit their final completed Tender.
Please note that the deadline for completion is a precise time and the eSourcing
portal will reject Tender submissions published after this time.
Please note that there is detailed online help. For further assistance contact the
BravoSolution help desk which is available Monday to Friday ( 8am to 6pm BST) on:
email:
[email address]; or
telephone: 0800 011 2470 / Fax: 020 7080 0480; Outside UK +(44)2070600490
General Guidance
All communications from CLRL will be notified by email to the main contact who has
registered. If Tenderers want the communications to go to other users then this can
be achieved by accessing the User Rights area in the portal and enabling the other
users to receive messages.
If CLRL make changes to a ‘Live’ tender, Tenderers MUST “re-publish” their
response. Tenderers will receive a message prompt from CLRL notifying the
Tenderer that changes have been made.
The Crossrail eSourcing portal is a secure site and you will be logged out if you are
inactive for more than 15 minutes.
Tenderers should note that all files uploaded cannot be amended by anyone once
published and that original files published by Tenderers will be maintained in an un-
altered state on the system right through the procurement process.
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Appendix D
Data Room Protocol
Overview
Crossrail’s Data Room has been established as a resource that will provide the
opportunity for Tenderers to access information that may be required to effectively
develop a Tender. Data Room documents will be available to view as follows:
i)
Highly Confidential documents will only be available in hardcopy
format within the CLRL Data Room at Portland House;
ii)
Confidential documents will be available in hardcopy format and
electronic format within the CLRL Data Room at Portland House; and
iii)
Low level security categorised documents will be available in hardcopy
format and electronic format within the CLRL Data Room at Portland
House.
Rules to regulate the access and use of the Data Room are identified below.
All Tenderers must have signed a Confidentiality Agreement before they can gain
access to the Data Room. Tenderers will be provided with specific access
dates/times to the Data Room. Only individuals whose names have been provided by
the Tenderer to CLRL in advance will be allowed access to the Data Room.
Low level security information will also be made available via a ‘data stick’.
Tenderers should request this from the Data Room Manager once the Confidentiality
Agreement has been returned and the ITT downloaded from the Crossrail eSourcing
Portal
The Data Room Manager will provide controlled access to ‘Highly Confidential’ and
‘Confidential’ documents.
All the documents within the Data Room are recorded on a Data Room Register.
Portland House Data Room
To arrange access Tenderers should contact the Data Room Manager at
[email address] referring to the time slots previously provided.
This email address must only be used for arranging access to the Portland House
Data Room. Any other queries or questions on any other matter regarding the Data
Room must be directed via the Crossrail eSourcing Portal messaging service.
Tenderers may not use mobile phones or cameras within the Data Room.
Tenderers may not photocopy any information.
All visitors must sign in at Portland House reception and will be issued with a visitor’s
pass. All visitors will be directed to Crossrail reception on the 6th Floor where the
Data Room Manager will collect them. A Health and Safety Welcome pack will also
be issued on arrival.
Any visitors with special requirements need to contact the Data Room Manager
before their visit.
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Electronic Data Room - Access Within the Portland House Data Room
The Data Room Manager will provide access to the electronic data room, providing
access to two terminals in Portland House. Tenderers should ensure that they log
out when leaving the Data Room.
Documents on the electronic system are in PDF form.
Tenderers may not use any removable storage and media including memory stick or
disks.
Tenderers should only use the PC Workstations for viewing data or for searching for
information.
Tenderers may not print out any data.
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Appendix E
Commercial Information
This section provides an overview and explanation of CLRL’s commercial approach
to the Project Delivery Partner Contract. Given that the Project Delivery Partner
Contract is complex, of a long duration, requires flexibility and close working with the
Employer, the following reimbursement and incentivisation framework has been
developed:
i)
Payment based on staff rates;
ii)
Alignment of CLRL and Project Delivery Partner objectives through
incentive schemes linked to annual performance and overall delivery
of the Crossrail Project outcomes.
iii) Pre-agreed periodic Service Delivery Plans (with Resource
Schedules);
iv) CLRL controlled Project Delivery Partner staff selection and staffing
levels; and
v)
Key staff retention measures.
Agreement of Resources
During the course of the Contract, and as part of the agreement of Service Delivery
Plans, CLRL will agree with the Project Delivery Partner Resource Schedules for a
defined period of time (usually one year commencing 1 April with a two-year look
ahead for planning purposes).
Resource Schedules should include details of all staff required by the Project
Delivery Partner showing the names of individual staff (where known), grades (as per
the
staff rates schedule), numbers of staff, function, position within the organisation,
whether designated a
key person, days to be worked per period, applicable
staff
rates, and maximum Time Charge for each period.
Staff Rates
The schedule of
staff rates provided by the Tenderer as part of the Tender will form
Appendix 3 of the Contract. This schedule should include all types and grades of
staff required by the Project Delivery Partner and shall include
staff rates for all
personnel whether services are provided directly by the Project Delivery Partner’s
staff or by Subconsultants. Tenderers should ensure that a complete schedule is
provided.
Notwithstanding the agreement and/or instruction of any Resource Schedule or
Service Delivery Plan, before the Project Delivery Partner allows any key persons or
any other persons to commence providing the services, it shall propose to CLRL an
appropriate staff rate that is consistent with the staff rates shown in Appendix 3 of the
Contract and shall obtain CLRL’s acceptance of that person and their applicable staff
rate. Requests for the acceptance of staff rates shall include detailed curriculum
vitae of each person together with details of the proposed role and responsibilities,
position within the Project Delivery Partner’s team and reporting lines, anticipated
duration of appointment and any other information requested by CLRL.
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Staff rates are amended for inflation in line with the change in the
index as set out in
the Contract.
Amendment of an agreed Resource Schedule
As part of the implementation of a compensation event or otherwise by agreement
with CLRL, a revised Resource Schedule may be agreed.
Payment for Resources
Payment will be made, each period, for the staff time properly spent on work under
the Contract at the
staff rates. However, for each period this shall not exceed the
maximum time commitment for each staff member set out in the Resource Schedule
nor the Time Charge for the corresponding assessment interval shown within the
Resource Schedule. Payment shall not be made for staff time incurred by staff not
included in the Resource Schedule.
Incentivisation
The Project Delivery Partner will have a highly influential role and will have a major
impact on the delivery of Crossrail. Performance incentives will be included within
the Project Delivery Partner’s Contract.
Incentives will be based on performance against Key Performance Indicators (KPIs)
that reflect the key aims and priorities of CLRL. These will be determined by CLRL
following feedback from Tenderers provided at Stage 1 of the tender process. The
Contract will include two incentive schemes:
i)
Interim Incentive Scheme (IIS)
ii)
Final Incentive Scheme (FIS)
These schemes are described below and have been developed to operate together
to incentivise performance against the overall Crossrail outcomes and ongoing aims
and priorities.
Capitalised terms used in the following sections of this ITT have the meanings
ascribed to them in the Contract. Tenderers should refer to the Contract for full
details of the Interim and Final Incentive Schemes.
Interim Incentive Scheme (IIS)
The Interim Maximum Amount that can be earned per annum under the IIS will be
determined prior to the start of each Contract Year. The Interim Maximum Amount
will be the product of the anticipated Price for Services Provided to Date for the next
Contract Year (staff time multiplied by
staff rates) and the Performance Incentive
Percentage, which shall be 15%.
The Interim Maximum Amount is allocated within the Interim Incentive Schedule to
the achievement of particular Performance Bands for each Interim KPI. Such
allocated amounts are the Interim Actual Amounts.
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The Interim Earned Amount is the Interim Actual Amount which has been earned
under the IIS per Contract Year based upon the Project Delivery Partner’s actual
performance against the Interim KPIs. The Interim Earned Amount may be a
positive or negative amount, where it is a negative amount the aggregate deductions
in any contract year shall not exceed 10% of the anticipated Price for Services
Provided to Date (PSPD) for the Contract Year.
The Interim KPIs, Performance Bands and Interim Actual Amounts will be fixed prior
to the start of each Contract Year, which will run from 1 April to 31 March. The
Interim Actual Amounts, in pounds, must be allocated within the Interim Incentive
Schedule in accordance with the following rules:
i)
The Interim Maximum Amount shall be earned only in the event of
‘Excellent’ performance against all of the Interim KPIs in the IIS.
ii)
The maximum deduction will only apply the event of ‘Very Poor’
performance against all of the Interim KPIs in the IIS.
iii)
In the case of ‘Poor’ or ‘Very Poor’ performance the Interim Earned
Amount may be a debt due from or deducted from the sums otherwise
payable to the Project Delivery Partner.
iv) There should be a clear differential between the Interim Actual
Amounts allocated to the performance bands.
Improvement plans will be required if actual performance falls below the “Excellent”
Performance Band.
The first Contract Year Interim KPIs, Performance Bands and Interim Actual
Amounts will be determined as part of the Tender process and included in Appendix
4 to the Contract when awarded. It is expected that the first Contract Year will run
from the Contract Date to 31 March 2010.
A pro-forma for the Interim Incentive Schedule is given in Appendix I.
Interim KPIs, Performance Bands and Interim Actual Amounts (agreed and shown in
the Interim Incentive Schedule) will allow alignment of incentives with short-term
aims and a reasonable degree of flexibility during the course of the Contract.
The Interim Maximum Amount may only be adjusted during the course of the
Contract Year when there has been a significant omission of services due to any
failure by the Project Delivery Partner.
There will be an expectation that performance will continually improve during the
course of the Contract, which will be taken into account when agreeing Interim KPIs,
Performance Bands and Interim Actual Amounts .
Where the Interim Earned Amount for a Contract Year is a positive number it will be
treated as follows:
i)
25% will be paid to the Project Delivery Partner; and
ii)
75% will be added to the Final Maximum Amount that can be earned
under the Final Incentive Scheme (the “Reserved Amount”).
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Where the Interim Earned Amount for a Contract Year is a negative number that
Interim Earned Amount is deducted from sums otherwise payable or is a debt due to
CLRL. There is no change to the Final Maximum Amount.
Final Incentive Scheme (FIS)
The Final Maximum Amount that can be earned under the FOIS will be the sum of
the Reserved Amounts earned from the IIS during the Contract period. It is
anticipated that the Employer will determine a minimum Final Maximum Amount to
ensure that an incentive to deliver the Crossrail outcomes remains effective in any
event. The minimum Final Maximum Amount will be notified to Tenderers in
advance of submission of their Stage 2 Tenders.
The Final Earned Amount earned under the FIS will be determined based on
performance against the Programme KPIs given in the incentive schedule. The Final
Earned Amount will be paid to the Project Delivery Partner as the FIS payment. If
the Final Earned Amount is a negative amount, this amount will be repaid by the
Project Delivery Partner to CLRL.
Programme KPIs and Performance Bands are aimed at ensuring that a focus is
maintained on the ultimate Project outcomes. Illustrative Programme KPIs and
Performance Bands are given in the pro forma schedule in Appendix J to this ITT.
This schedule will be determined by CLRL following feedback from Tenderers
provided at Stage 1 of the tender process and will be included in Appendix 4 to the
Contract. This will be provided to Tenderers in advance of submission of their Stage
2 Tenders.
A flow chart illustrating the incentivisation mechanism is given in Appendix K.
Proposing Interim KPIs and Targets
As part of the Stage 1 Tender, Tenderers must propose Interim and Programme
KPIs and Performance Bands in accordance with this IFT. The pro-formas given in
Appendix I and Appendix J must be used for this purpose.
Tenderers should note that the Interim and Programme KPIs and Performance
Bands entered into the Interim Incentive Schedule and Final Incentive Schedule
must comply with the following principles:
i)
The KPIs must be simple to understand and administer.
ii)
The KPIs must be open to objective assessment to support efficient
Contract management and help to ensure that the incentive scheme
operates as intended, i.e., to promote behaviour which is aligned with
the delivery of the key aims of the Project.
iii) All KPIs should be designed to support an open approach to their
measurement. It should be noted that if CLRL uncovers misreporting
of performance then payments will not be made against the affected
KPIs.
iv) There is an absolute expectation that there will be no fatalities or
serious injuries during the delivery of Crossrail and full compliance with
the law (including with the Undertakings and Assurances given during
the passage of the Bill).
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v)
All of the KPIs must be clearly linked to one of the key aims of the
Crossrail Project, i.e.,
a. Delivery within
Budget
b. Delivery
on
Time
c. Safe
Delivery
d. Sustainable and Responsible Delivery
e. Delivery of a
World Class Railway f. Excellence of approach (enabling activities)
The Interim KPIs should provide three types of incentive as follows:
i)
Efficiency of Project Delivery Partner services, i.e., an incentive to
minimise Project Delivery Partner Time Charge;
ii)
Effectiveness of Project Delivery Partner services in achieving the
Crossrail Project aims; and
iii)
Excellence in the approach to delivery of the service, i.e, incentives
relating to key enablers such as staff retention, management of
relationships, etc.
The incentivised Interim KPIs should be balanced to help ensure that there is not
excessive focus on one particular type of incentive, e.g., focussing too much on
efficiency may achieve lower Project Delivery Partner Time Charges in the first
instance but this may be at the expense of effectiveness.
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Appendix F
Award Criteria, Sub-Criteria, Questions and
Weightings
Award Criteria
Award Sub-criteria
Questions
Description
Wt
Description
Wt
Description
Wt
%
%
%
Technical Submission – Criteria 1 to 6inclusive
1. General
28
Leadership - Appropriate
2
[A1.1] Explain how the leadership
2
approach to
leadership for the Project
role directly accountable for the
delivering an
Delivery Partner role
Project Delivery Partner organisation
effective and
will operate.
efficient
service
Organisation
-
Appropriate
2
[A1.2] Provide organisation charts
2
and complete organisation
including key roles,
their functions
structures for the provision
and their relationship to CLRL:
of the services aligned with
the requirements of the role
a. For the first Contract Year.
and CLRL.
b. At peak resource level
People – Appropriate
18
[A1.3] Provide a list of eight
key
16
qualifications, skills and
persons with a statement of their
experience of the
key
qualifications, skills and experience
persons and the ability to
that demonstrates their suitability for
retain and motivate these
the role that they will fulfil. The
and other staff.
minimum period of availability is to
be given for each
key person.
2
[A1.4] Describe how you will retain
and incentivise
key persons and
other staff and ensure succession
planning during the course of
delivering the
services.
Relationships - Suitability of
4
[A1.5] Describe the values and
2
the approach proposed to
behaviours you will promote and how
working with CLRL and
these will be implemented and
other key stakeholders.
maintained throughout delivery of the
services.
[A1.6] Describe how effective
relationships with CLRL and other
2
key Project stakeholders will be
developed and managed.
Incentives - The quality and
2
[A1.7] Provide details of the people,
2
effectiveness of the
processes and systems that will be
proposed arrangements for
used to monitor and manage the
managing KPIs.
Interim and Programme KPIs
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Award Criteria
Award Sub-criteria
Questions
Description
Wt
Description
Wt
Description
Wt
%
%
%
2. Delivering
6
Understanding of the key
2
[B2.1] Describe the key risks to
2
the Project to
risks to delivering the
delivering the Project to budget that
budget
Project to budget
the Project Delivery Partner can
control or influence
.
Management of the key
4
[B2.2] Explain how you will manage
4
risks to delivering the
or help to mitigate each of the key
Project to budget
risks to delivery to budget. Describe
where you have previously applied
the proposed approach.
3. Delivering
6
Understanding of the key
2
[C3.1] Describe the key risks to
2
the Project on
risks to delivering the
delivering the Project on time that
time
Project on time
the Project Delivery Partner can
control or influence
.
Management of the key
4
[C3.2] Explain how you will manage
4
risks to delivering the
or help to mitigate each of the key
Project on time
risks to delivery on time. Describe
where you have previously applied
the proposed approach.
4. Safe
6
Understanding of the key
2
[D4.1] Describe the key risks to
2
delivery of the
risks to the safe delivery of
Project health and safety that the
Project
the Project
Project Delivery Partner can control
or influence
.
Management of the key
4
[D4.2] Explain how you will manage
4
risks to the safe delivery of
or help to mitigate the key risks to
the Project
health and safety. Describe where
you have previously applied the
proposed approach.
5.
6
Understanding of the key
2
[E5.1] Describe the key risks to the
2
Sustainable
risks to the sustainable and
sustainable and responsible delivery
and
responsible delivery the
of the Project that the Project
responsible
Project
Delivery Partner can control or
delivery of the
influence
.
Project
Management of the key
4
[E5.2] Explain how you will manage
4
risks to the sustainable and
or help to mitigate the key risks to
responsible delivery of the
sustainable and responsible delivery.
Project
Describe where you have previously
applied the proposed approach.
6. Delivering
6
Understanding of the key
2
[F6.1] Describe the key risks to the
2
a world-class
risks to delivering a world-
delivery of a world-class railway that
railway
class railway
the Project Delivery Partner can
control or influence
.
Management of the key
4
[F6.2] Explain how you will manage
4
risks to delivering a world-
the key risks to the delivery of a
class railway
world-class railway. Describe where
you have previously applied the
proposed approach.
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Award Criteria
Award Sub-criteria
Questions
Description
Wt
Description
Wt
Description
Wt
%
%
%
Commercial Submission
7. Price for
30
The CLRL assessed cost of
30
[G7.1] Using the template .xls
30
the Services
the services using CLRL’s
spreadsheet, provide a completed
own resource model.
staff rates schedule and incentive
schedules as directed.
Presentations
8. Confidence
12
Confidence in the key staff
12
Demonstrate drive, professionalism,
12
in the team
and delivery proposals
experience, competence and
gained from the Tender
personal capability in the
presentations.
presentations.
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Appendix G
Staff Rates Schedule
Note: See separate excel file.
Appendix H
Contract Duration Resource Estimate
Note: See separate excel file.
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Appendix I
Interim Incentive Schedule Pro forma
Interim Incentive Schedule
Aim
Interim KPI Description and Definition
A = Performance Band
B = Interim Actual Amount (£)
Excellent
Very Good
Acceptable
Poor
Very Poor
1. Delivery
Example themes for KPIs:
A
[Performance] [Performance] [Performance] [Performance] [Performance]
within budget
• Delivery to Project spend profile
B
[£] [£] [£] Charge
[-£]
Charge
[-£]
• Delivery within Project Delivery Partner forecast spend (efficiency)
2. Delivery on
Example themes for KPIs:
A
[Performance] [Performance] [Performance] [Performance] [Performance]
time
• Delivery of key Project milestones
B
[£] [£] [£] Charge
[-£]
Charge
[-£]
3. Safe
Example themes for KPIs:
A
[Performance] [Performance] [Performance] [Performance] [Performance]
delivery
• Approach to behavioural safety and accident prevention
B
[£] [£] [£] Charge
[-£]
Charge
[-£]
Note: All safety KPIs should be designed to support an open approach to
accident and incident reporting. Any examples of misreported by the
Delivery Partner will result in no payment against safety KPIs.
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Interim Incentive Schedule
Aim
Interim KPI Description and Definition
A = Performance Band
B = Interim Actual Amount (£)
Excellent
Very Good
Acceptable
Poor
Very Poor
4. Sustainable
Example themes for KPIs:
A
[Performance] [Performance] [Performance] [Performance] [Performance]
and
• Encouraging a diverse base of suppliers
responsible
B
[£] [£] [£] Charge
[-£]
Charge
[-£]
delivery
• Promoting fair employment practices
• Promoting workforce welfare
• Meeting strategic labour needs and enabling training opportunities
• Community benefits
• Ethical sourcing practices
• Promoting greater environmental sustainability
5. Delivery of
Example themes for KPIs:
A
[Performance] [Performance] [Performance] [Performance] [Performance]
a world-class
• Accurate reporting of Project defects and approach to re-work
railway
B
[£] [£] [£] Charge
[-£]
Charge
[-£]
6. Excellent
Example themes for KPIs:
A
[Performance] [Performance] [Performance] [Performance] [Performance]
delivery of
• Retention of key staff
enabling
B
[£] [£] [£] Charge
[-£]
Charge
[-£]
activities
• Key stakeholder relationships
• Risk management
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Appendix J
Crossrail Final Incentive Schedule Pro forma
Final Incentive Schedule
Aim
KPI Description and Definition
A = Performance Band
B = Final Earned Amount (% of Final Maximum Amount)
Excellent
Very Good
Acceptable
Poor
Very Poor
1. Delivery
Example KPI:
Cost
A
[Performance] [Performance] [Performance] [Performance] [Performance]
within budget
Actual cost of the Project at Final Completion less the anticipated cost of
B [+%] [+%] [+%] [-%] [-%]
the Project in the PDA, expressed as a percentage of the anticipated cost
of the Crossrail Project in the PDA.
2. Delivery on
Example KPI:
Time
A
[Performance] [Performance] [Performance] [Performance] [Performance]
time
Actual date of Final Completion of the Project compared to the anticipated
B [+%] [+%] [+%] [-%] [-%]
date of Final Completion.
3. Safe
Example KPI:
Accident Incidence Rate (AIR)
A
[Performance] [Performance] [Performance] [Performance] [Performance]
delivery
Reportable accidents per 100,000 employed on the Project per year.
B
[+%] [+%] [+%] [-%] [-%]
Reportable accidents are as defined by HSE
4. Sustainable
Example KPI:
Impact on the Environment
A
[Performance] [Performance] [Performance] [Performance] [Performance]
and
How satisfied CLRL was that the impact on the environment (such as
responsible
B
[+%] [+%] [+%] [-%] [-%]
pollution, noise and dust) was controlled during the Project construction
delivery
process, using a 1 to 10 scale where: 10 = Very effective control; 8 =
Good control; 5/6 = Fair control; 3 = Little control; 1 = No effective control
5. Delivery of
Example KPI:
Defects
A
[Performance] [Performance] [Performance] [Performance] [Performance]
a world-class
The condition of the Project with respect to defects at the time of
railway
B
[+%] [+%] [+%] [-%] [-%]
handover, using a 1 to 10 scale where:
10 = Defect Free; 8 = Some
defects with no significant impact on the Employer; 5/6 = Some defects
with some impact on the Employer; 3 = Major defects with major impact
on the Employer; 1 = Totally defective
A defect is a fault which adversely affects the appearance or full intended
performance and function of the product.
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Appendix K
Incentives Flow Chart
Final
Interim Ince
rim Incentive Sch
Scheme (Annual)
Incentive Scheme
Final
incentive
Inter
Inte i
rim
payment or
Agree
Maximum
charge (£) =
Interim KPIs
Amount =
Reserved
Amount =
and
Interim
15% of
Amount (£) =
15% of
Final
Performance
Earned
75% Interim
anticipated
Maximum
Bands
Amount (£) =
PSPD for the
Earned Amount
PSPD for the
Amount x
Contract Year
% for
Service
ice
Calcula
lculate
performa
rformance
Delivery
using Inter
using Interim
Maximum
achieved
Plan
Plan
Incentive
char
charge =
ge =
Schedule
Interim
10% of
incentive
Agree
based on
sed on
incent
anticipated
payment (
Resource
Performa
rformance
payment £) =
PSPD for the
25% Interim
Schedule
Achieved
25% Inte
Contract Year
Earned Amount
Allocate
values (£) to
Performance
mance
Net negative
Bands
Bands
amounts
deducted from
deducted from
sums
sums otherwise
payable
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Appendix L
First Service Delivery Plan
The requirements of the First Service Delivery Plan (FSDP) are set out below:
i)
Further definition of services;
ii)
Schedule of Deliverables, Key Dates and conditions;
iii)
Programme for services (conditions of contract clause 31.1);
iv) Resource
Schedule;
v)
Key Dates and conditions;
vi)
Key persons and other employees, identifying responsibilities;
vii) Incentive schedule (Interim Incentive Schedule); and
viii) Any further information required by the Employer or proposed by the
Project Delivery Partner and agreed by the Employer.
First Service Delivery Plan
Schedule of Deliverables and Key Dates
Deliverable
Key Dates and
Condition (see Note)
Ref Deliverable
Draft (B)
Final (A)
Note - Condition of the deliverable at the Key Date:
Condition A: The Project Delivery Partner's deliverable is acceptable without
comments.
Condition B: The Project Delivery Partner's deliverable is acceptable subject to
changes or clarification requested by the Employer and the deliverable to be
resubmitted.
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Appendix M Submission Schedule Checklist
The following schedule outlines the documents, schedules and other material
Tenderers are required to submit as part of their Tender. CLRL does not warrant its
completeness and / or accuracy and Tenderers must satisfy themselves as to the
completeness of the tender submission.
SUBMISSION SCHEDULE CHECKLIST
Doc. Ref.
STAGE 1
Notification of actual or potential conflict of interest
1.3
arising
Confidentiality Agreement
1.4 / 4.1
Change in circumstances
1.5 / Table 2 / 4.1
Notification of discrepancies and requests for
2.1
clarification
Notification of confidential queries
2.6
Publish Stage 1 Tender
3.1 / 4.2 / Appendix C
Submit Hard Copy of Stage 1 Tender
4.1
Technical Submission
4.1 / 4.2 / Table 2
Previous Projects Schedule
4.2 / 5.2 / Table 2
Alternative Tenders
3.5
Response to Appendix F questions
3.1 / Appendix F
Proposed Interim Incentive Schedule
4.2 / Appendix E & I
Proposed Final Incentive Schedule
4.2 / Appendix E & J
Proposed Schedule of Deliverables and Target Dates
4.2 / Appendix L
Commercial Submission
4.1 / 4.3 / Table 2
Completed Staff Rates Schedule
4.3 / Appendix E & G
Contract Duration Resource Estimate
4.3 / Appendix H
Form of Tender
4.1 / 4.4 / Table 2 /
Appendix B
Certificate of Bona Fide Tender
Appendix B
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ITT Amendments
Appendix B
Qualifications to Enquiry
3.2 / Appendix B
Stage 1 Presentation
2.2 / 6.3 / 6.4
SUBMISSION SCHEDULE CHECKLIST
Doc. Ref.
STAGE 2
Stage 2 Meeting requests and Agenda
2.2
Publish Stage 2 Tender
5.1 / Appendix C
Submit hardcopy of Stage 2 Tender
5.1
Expanded Technical Submission
5.1 / 5.2
Previous Projects Schedule
4.2 / 5.2 / Table 2
Alternative Tenders
3.5
Response to Appendix F questions
5.2 / Appendix F
Proposed First Service Delivery Plan
5.2 / Appendix L
Schedule of Deliverables and Key Dates
5.2 / Appendix L
Updated Commercial Submission
5.1 / 5.3
Completed Staff Rates Schedule
5.3 / Appendix E & G
Resource Estimate
5.3 / Appendix O
Resource Schedule
5.3 / Appendix N
Completed Interim Incentive Schedule
5.3 / Appendix I
Form of Tender
5.1 / 5.4 / Appendix B
Certificate of Bona Fide Tender
Appendix B
ITT Amendments
Appendix B
Qualifications to Enquiry
Appendix B
Stage 2 Presentation
6.5
POST TENDER
Doc. Ref.
Return of ITT
2.1
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Appendix N Resource Schedule
Note: See separate excel file.
Appendix O Resource Estimate
Note: See separate excel file.
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Crossrail
