VOLUME 1
Information and Instructions for Bidders
1
Contents
NOTICE ................................................................................................................................. 3
GLOSSARY OF TERMS .......................................................................................................
4
Section A – Information on the Authority and the Scheme..................................................... 5
Section B – Contract Option and Procurement Strategy……….............................................
12
Section C – Instructions for Bidders ......................................................................................
13
Section D – Information on the Process................................................................................. 16
Section E – Evaluation of Bid Responses..............................................................................
17
Section F – General Conditions ............................................................................................
19
ITPD – Appendix A – Form of Tender and Certificate of Bona Fide Tender
ITPD – Appendix B – Non-Canvassing Certificate
2
NOTICE
This Invitation to Participate in Dialogue (ITPD) is being issued by Northumberland County Council
(the “Authority”) in respect of the recruitment of a main contractor through a competitive dialogue
process in line with the requirements of the Public Contracts Regulations 2015.
The Authority and its advisers have taken all reasonable care to ensure that the information provided
is accurate in all material respects. However, the Bidder’s attention is drawn to the fact that no
representation, warranty or undertaking is given by the Authority or its advisers in respect of the
information provided in respect of this transaction and/or any related transactions. The Authority and
its advisers do not accept any responsibility for the fairness, accuracy or completeness of the
information provided and shall not be liable for any loss or damage arising directly or indirectly
because of reliance on this ITPD or any subsequent communication. Only the express terms of any
written contract for the provision of works as and when it is executed, shall have any legal effect in
connection with the matters to which it relates.
Any person considering deciding to enter contractual relationships with the Authority or any other
person based on the information provided should make their own investigations and form their own
opinion of the Authority. The attention of Bidders is drawn to the fact that, by issuing this ITPD, the
Authority is in no way committed to awarding any contract and that all costs (including development
costs) incurred by Bidders in relation to any stage of this tender process are for the account of the
relevant Bidder only.
3
GLOSSARY OF TERMS
“Authority’s Requirements”
The output specification contained in Volume 6 of this ITPD.
“Bidders”
The shortlisted tenderers invited to bid for this Scheme.
“Bid Response”
A bid response (Outline Submission or Final Tender) submitted by a
Bidder to this ITPD.
“Building Contract”
The lump sum design and build contract to be used for the
development of a Scheme in the form set out in Volume 4 of this ITPD.
"Final Tender"
A response submitted by a Bidder to the ISFT after the second phase
of dialogue
“Final Tenders Closing
The closing date for the delivery of Final Tenders being 5 July 2019.
Date”
"HLT"
Hadrian Learning Trust
“ISFT”
Invitation to Submit Final Tenders to be issued by the Authority after
formal close of dialogue.
“ITPD”
This Invitation to Participate in Dialogue.
“OBC”
Outline Business Case.
"Outline Submission"
A response submitted by a Bidder to this ITPD after the first phase of
dialogue
"Outline Submission
The closing date for the delivery of Outline Submissions being Friday
Closing Date"
3rd May 2019.
“Portal”
The DueNorth ProContract e-tendering system described in section 3.5
of this ITPD Volume 1.
“Preferred Bidder”
The Bidder selected following evaluation to carry out the scheme.
“Pricing Schedules”
The schedules set out in Volume 7 of this ITPD.
“PCSA”
Pre-Construction Services Agreement.
“Regulations”
The Public Contracts Regulations 2015 (as amended).
“Scheme”
Replacement school buildings for the Hadrian Learning Trust schools
in Hexham, Northumberland.
4
SECTION A – INFORMATION ON THE AUTHORITY AND THE SCHEME
1.
INTRODUCTION
The Corporate Vision
The Authority has set out its vision for the County in its Corporate Plan 2018-21. The principles
of the vision are focussed on ensuring each resident:
feels safe, valued, and part of their community;
lives in distinctive vibrant places, which they value and in which they feel proud;
can easily get to work, to learning, and to the various facilities and services they want
to use; and
regardless of age, has the right qualifications and skills to secure a good job that pays
well and provides the prospect of a rewarding career.
The provision of fit-for-purpose educational facilities for the 21st century for children and young
people in Northumberland is a key building block in achieving this vision.
Countywide Strategy
Stemming from the Education Vision, Northumberland’s countywide strategy for education is
articulated within the Service Director’s Annual Report 2018.
Improving the quality of education in Northumberland is a key priority for the Authority's elected
members. Both the Corporate Plan and the Health and Wellbeing Strategy place education at
the heart of the Authority and its partners’ work. Elected members recognise how vital it is for
the future prosperity of Northumberland; that our children and young people achieve the
highest levels possible in schools, academies and colleges and that all of our educational
establishments are judged to be good or better by Ofsted.
It is accepted that while strong leadership and governance in schools together with good
teaching are key to improving outcomes for pupils, studies have shown that poor quality
surroundings can impact negatively on effective teaching and learning, both for staff and pupils.
In order to address this issue, the Authority is proposing to continue to invest significant capital
resources in education.
Project Overview
In December 2017, consultation began to determine the future education structure within the
West of Northumberland. One of the drivers for the consultation was HLT’s desire to provide a
financially and educationally secure future for its schools. They were also faced with the need
for significant capital investment in the school estate, and although investment had been
earmarked for part of the high school site it did not address the remaining academy buildings.
As a result of this consultation, no structural changes to the school system in Hexham were
progressed, although there was overwhelming support for the schools to have significant
capital investment.
In light of the feedback from the consultation, the Authority’s Cabinet instructed officers to work
with HLT to develop an Outline OBC in order to establish a preferred site and develop a robust
project budget to provide new buildings for HLT in Hexham. After reflecting on the feedback
from consultation, HLT decided to take the view that having Queen Elizabeth High School
(QEHS) and Hexham Middle School (HMS) co-located on one site will deliver educational,
operational and financial benefits. This therefore forms the basis of this business case that
tests the options of co-locating both schools on one site, whilst maintaining each school’s own
identity.
5
In 2014, the Authority were successful with its application for QEHS to form part of the national
Priority School Building Programme - a programme of investment in school buildings through
replacement or refurbishment. Whilst the original application was for a whole school
replacement, the outcome was that the Department for Education (DfE) deemed that
investment should only be made in the refurbishment of the Grade II listed Hydro building. As
the proposed scheme within this business case is now to replace all the school buildings for
both QEHS and HMS, the Authority, with support from HLT, have been working with
representatives from the DfE to agree the project delivery arrangements, along with the level of
contribution that the DfE would make to the wider scheme. This contribution is time limited;
needing to be fully expended by 31 March 2021.
As part of the site option appraisal, three sites were identified as potential sites for development
for the co-location of two schools. Two of the sites were not in the ownership of the Authority
and following a period of negotiation it was not possible to agree to purchase either of the sites.
As a result, this left the existing high school site as the preferred option.
Strategy and Objectives
As stated above, the rationale for the initiation of this project has been founded on HLT’s desire
to provide a financially and educationally secure future for its schools. They were also faced
with the need for significant capital investment in the school estate and although investment
had been earmarked for part of the high school site, it did not address the remaining academy
buildings.
The project would improve the teaching and learning environment for current and future pupils
in the schools, including on-site sporting and community facilities that would also benefit the
Hexham community as a whole. The objectives of this project are to:
provide good quality, modern teaching and learning environments for the pupils
attending HMS and QEHS, thereby removing existing physical barriers that distract
from the teaching and learning experience;
provide modern sporting facilities on-site to enhance the curriculum offer and to provide
improved sporting and community facilities for the wider community in and around
Hexham; and
support HLT in providing a financially and educationally secure future for its schools
through their co-location.
Scope of the Scheme
Refer to paragraph A.3 of Volume 6 Sub-Part A.
6
1.1
ITPD Structure
This ITPD is structured in eleven volumes:
Volume reference
Content
Volume 1
This volume provides:
Information and Instructions
•
information about the Scheme, its technical requirements, the pricing
for Bidders
framework, and the legal documentation underpinning the Scheme in terms
of the Building Contract;
•
instructions concerning the development of Bid Responses, their content
and the assumptions to be adopted by Bidders in structuring their Bid
Responses; and
•
information about the Bid Response submission process, the timetable,
communication routes, contacts and the evaluation criteria.
Volume 2
This volume contains a copy of the Supplier Presentation.
Supplier Presentation
Volume 3
This volume contains a copy of the approved Outline Business Case.
Outline Business Case
Volume 4
This volume comprises the schedule of amendments to the JCT Design and Build
Building Contract
2016 standard form of construction contract between the selected Contractor and
the Authority. The Pre-Construction Services Agreement, draft collateral warranties
and draft Parent Company Guarantee/Bond are also incorporated in this volume.
Volume 5
This volume sets out the additional surveys undertaken to date following the
Survey Information
approval of the OBC.
Volume 6
This volume includes
Authority Requirements
•
Part 1 scheme specific requirements
•
Part 2 general scheme requirements
•
Part 3 contractor’s proposed derogation
Volume 7
The pricing schedules are set out as follows:
Pricing Schedules
•
Part 1 Elemental Cost Schedule
•
Part 2 Design Fees summary
•
Part 3 Statutory, survey and sundry fees
•
Part 4 Overheads and Profit
•
Part 5 Preliminaries
•
Part 6 Contingencies
Volume 8
This volume contains the core technical requirements to which the Bidders are
Technical Requirements
required to respond, and which will form the basis of the technical evaluation of the
(part i)
Bidders’ response to the Outline Submission.
•
Part 1 Design
•
Part 2 Works
•
Part 3 Pricing
Volume 9
This volume contains the core technical requirements to which the Bidders are
Technical Requirements
required to respond, and which will form the basis of the technical evaluation of the
(part ii)
Bidders’ response to this ITPD (Final Tenders).
•
Part 1 Design & Construction Contractual Proposals
•
Part 2 Design
•
Part 3 Works
•
Part 4 Handover
•
Part 5 Pricing
•
Part 6 Legal/ Commercial
Volume 10
This volume contains pre-construction documentation to support the Contractor in
Pre-Construction Information
respect to health and safety requirements.
7
1.2 The Authority reserves the right to amend the materials in these volumes as may be
appropriate from time to time.
2.
COMPETITIVE DIALOGUE PROCESS
2.1 OUTLINE OF PROCESS
Having completed the initial PQQ stage the procurement exercise has now moved onto the
ITPD stage.
Bidders should note that the first clarification meeting will be scheduled for Wednesday 17 April
2019.
The Authority intends to run the dialogue process with no more than 3 Bidders.
The Authority currently intends to down select one Bidder from the tender process after the first
three weeks of the dialogue phase. Bidders will be expected to provide an Outline Submission
at the end of this first phase of dialogue so that the Authority can evaluate and shortlist two
Bidders for proceeding into the second phase of dialogue.
Bidders will be expected to provide weekly proposals during the engagement meetings of the
second dialogue phase so that the Authority can satisfy itself that proposals are progressing in
a satisfactory manner. The Authority intends to provide informal feedback on these weekly
proposals, but they will not be evaluated.
All Bidders remaining in the procurement process at formal close of dialogue will be invited to
submit Final Tenders.
2.2 ITPD PHASE
This phase of the procedure is designed to confer a significant degree of freedom on the
Authority in the way it carries out the dialogue. The aim is to enable the Authority to discuss all
aspects of the project with Bidders so that a solution is reached which can satisfy our needs
and requirements and represents best value for money.
The ITPD includes (at Volume 4) draft legal documents for Bidders to review. In their ITPD
response Bidders are asked to submit a mark-up and/or commentary on the draft legal
documents if they are unable to accept the documents as drafted. No subsequent amendments
to the legal documents will be accepted unless these changes have been discussed with the
Authority, and agreed, prior to close of dialogue.
During the dialogue process, to ensure that Bidders have interpreted the Authority’s
requirements correctly and to allow the Authority to engage with Bidders to help develop their
solutions to best meet its needs, Bidders will be invited to dialogue meetings with Authority
officers and their advisors to discuss specific elements of the Authority’s requirements and
Bidders’ solutions:
8
Schedule of Dialogue Meetings
Phase 1 Meeting No: 1
Wednesday 17th April 2019
Phase 1 Meeting No: 2
Wednesday 24th April 2019
Phase 1 Meeting No: 3
Wednesday 1st May 2019
Evaluation Period
Down selection from 3 to 2 Bidders
Phase 2 Meeting No: 4
Wednesday 15 May 2019
Phase 2 Meeting No: 5
Wednesday 22 May 2019
Phase 2 Meeting No: 6
Wednesday 29 May 2019
Phase 2 Meeting No: 7
Wednesday 5 June 2019
Phase 2 Meeting No: 8
Wednesday 12 June 2019
Phase 2 Meeting No: 9
Wednesday 19 June 2019
Whilst it is the responsibility of Bidders to set an agenda for the Dialogue meetings and use this
time to best inform their design development process, the Authority has outlined a number of
topics that it would like to discuss during the 9 week Dialogue period. Bidders are requested to
propose a draft agenda and proposals for topics for each of the Dialogue meetings and present
this for discussion during meeting number 1.
Suggested topics to be covered during Dialogue meetings
•
Schedules of Accommodation
•
Education and Leisure Briefs
•
Current occupation in the predecessor schools
•
Clarifications on the ITPD
•
Principal Design
•
Site Access / Phasing/ Handback
•
Sustainability / Life Cycle and Maintenance Costs
•
FF&E and ICT / Interface with ICT Advisor
•
Statutory consultations e.g. planning, Sport England
•
Surveys & Investigations
•
Facilities Management
2.3 OUTLINE SUBMISSIONS
The Authority currently intends to down select one Bidder from the tender process after the first
three weeks of the dialogue phase. Bidders will be expected to provide an Outline Submission
at the end of this first phase of dialogue, by the Outline Submission Closing Date. The
Authority will then evaluate and shortlist two Bidders for proceeding into the second phase of
dialogue. Outline Submissions will be evaluated using the weighted evaluation criteria set out
in Annex 1 to Volume 8 Technical Requirements: Evaluation Methodology of this ITPD.
9
2.4 FINAL TENDERS
Once the Authority is confident that it will receive tenders capable of meeting its needs, it will
formally close the Dialogue phase and invite the remaining two Bidders to submit their Final
Tenders in response to the ISFT.
Once the Final Tenders to the ISFT are received, there may need to be a period for clarifying,
specifying and optimising the detail of the Final Tenders with the Bidders. Once clarification and
optimisation has taken place, the Final Tenders will be evaluated.
The Bidder who submits the most economically advantageous tender, in accordance with the
contract award criteria set out in Section E of this Volume 1 and Annex 2 to Volume 9 Technical
Requirements: Evaluation Methodology of the ITPD shall be selected as Preferred Bidder.
2.5 APPOINTMENT OF PREFERRED BIDDER AND CONTRACT AWARD
The final phase of the procurement process involves the formal award of the tender and
undertaking the necessary preparations for the commencement of the project. The
unsuccessful Bidder(s) will be notified and the Authority will implement a mandatory ten-day
standstill period prior to contract award. The proposed timetable for receipt of Final Tenders
and contract award is as follows:
Final Tender Closing Date
Friday 5th July 2019
Evaluation of Final Tenders
8th July to 9th August 2019
Standstill Period
12th August to 23rd August 2019
Commencement of Pre-Construction Services Agreement
Monday 26th August 2019
Execution of Building Contract
Friday 24th January 2020
When the Preferred Bidder is selected, the Authority will undertake negotiation with the
Preferred Bidder to confirm financial commitments and the terms in the legal documents. Once
all issues are agreed and finalised, the opportunity will be awarded to the Preferred Bidder,
subject to the Authority’s formal decision making and scrutiny processes.
The Authority intends to complete the Pre-Construction Services Agreement prior to
submission of the application for planning permission for the Project. Once planning permission
has been obtained, the Building Contract will be completed.
3.
PRICING
Bidders must price their Bid Responses in accordance with their obligations under the Pre-
Construction Services Agreement, Building Contract, and other legal documentation set out in
Volume 4.
The Bidders shall complete the Pricing Schedules included in Volume 7 of the ITPD following
the guidance included in Volume 7.
Bidders must adhere to the overall funding envelope advised by the Authority in the OBC which
is a contract value of £36,090,900. The Bidders’ acceptance of this issue will be evaluated in
Volume 9.
As the Scheme is developed the Bidder will manage the design development and construction
of a Scheme within the funding allocation for the Scheme together with any additional funding
10
from other funding streams whilst maintaining high quality designs that meet the Authority’s
Requirements and the aspirations of the Authority and HLT.
The Bidders shall note that the Authority will not pay Bidders for pre-construction activities,
including design fees, until the parties have entered into Pre-Construction Services Agreement.
At this point, fees will be reimbursed in accordance with the agreed Pricing Schedules and the
terms of the Pre-Construction Services Agreement for work already undertaken.
11
SECTION B – CONTRACT OPTION AND PROCUREMENT STRATEGY
3.1 Design & Build Procurement
It is proposed to co-locate both the middle and the high schools into new or refurbished
buildings on the existing site of the high school. The effective date of the opening of the
schools in their new buildings would be 6 September 2021.
The procurement strategy is detailed within the OBC contained in Volume 3 of this ITPD.
Following initial market testing the Authority decided that the Scheme will be designed to RIBA
stage 3 in full competition. This will enable the Authority to achieve cost certainty on the project
from the outset.
A standard JCT Design & Build Contract with a schedule of amendments (“Building Contract”)
as included in Volume 4 of this ITPD will be used to deliver the Scheme. A Pre-Construction
Services Agreement (also set out in Volume 4) will be entered with the Preferred Bidder for
RIBA stage 4 design development to cover the period during which the planning application for
the Scheme will be pursued. On receipt of planning approval, the Building Contract will be
completed, and this agreement will then govern the construction and management of the
Scheme moving forward in place of the Pre-Construction Services Agreement.
12
SECTION C – INSTRUCTIONS FOR BIDDERS
DEVELOPMENT AND SUBMISSION OF BID RESPONSES
3.2 Introduction
3.2.1 This section describes the requirements for Bid Responses and the process that the
Authority will operate to assist in the development of Bid Responses.
3.2.2
Phase 1 Outline Submissions must be received by Friday 5th May 2019 no later than 12
noon.
3.2.2 Phase 2 Final Tenders must be received by Friday 5th July 2019 no later than 12 noon.
3.3 Bid Response Format
3.3.1
The Outline Submission must comprise:
a)
written responses and documents required in the Technical Requirements
Volume 8
3.3.2
The Final Tender must comprise:
a)
the completed Pricing Schedules as set out in Volume 7;
b)
written responses and documents required in the Technical Requirements
Volume 9; and
c)
the forms contained in Appendices A and B to this Volume 1 completed and
signed.
3.3.3
All Bid Responses must be in English.
3.3.4
The cover of the Bid Response must be marked with the following details:
a)
project title; and
b)
Bidder’s name.
3.3.5 Any other documents, loose materials or other literature provided separate to the
response to this ITPD must be clearly annotated in order that the Authority can take this
into account in evaluating and assessing Bid Responses received.
3.3.6 The person signing the Bid Response must state his capacity and official position in the
Bidder’s organisation and must be the person empowered and duly authorised to sign
Bid Responses for and on behalf of the Bidder and nominated for that purpose in the
Form of Tender and Certificate of Bona Fide Tender in Appendix A and B respectively
of this Volume 1.
3.3.7 The Authority may reject a Bid Response which is non-compliant with the requirements
of this ITPD and any ISFT. Bidders submitting any qualifications should therefore give
explicit justification and reasoning for entering a qualification.
3.4 Bid Response Delivery
3.4.1
Bid Responses including any associated documentation must be submitted via the
Portal:
https://procontract.due-north.com/Login
Contract ID – DN394799
Submissions must not be returned by any other means.
13
If a Bidder believes that they:
•
Are unable to submit their complete Bid Response through the Portal;
•
Require assistance on submitting their Bid Response;
•
Require further information to be able to use the e-tendering process
they must contact the support number on 0330 005 0352 no later than 4 calendar days
before the submission date for the Bid Response to enable any technical queries to be
investigated and resolved.
Bidders should note that it is their responsibility to ensure that their submission is
uploaded onto the Portal by the due date.
Late submissions will neither be accepted nor evaluated.
3.5 Bid Response Clarification and Development
3.5.1
The Authority wishes to have a full and effective Competitive Dialogue with Bidders
throughout the period leading to the close of dialogue and call for Final Tenders.
3.5.2
The Authority believes that its needs and those of the Bidders will best be served by a
dialogue meeting framework, as described in the Schedule of Dialogue Meetings at
Section A Paragraph 2.1 above.
3.5.3
Bidders shall provide a final agenda and proposals for topics two days in advance of
each Dialogue meeting. The Authority will finalise the timings for the meetings in due
course and will also be prepared to consider requests for additional scheduled
meetings.
3.5.4
During Bid Response preparation, Bidders may submit questions and requests for
clarification or further information. Bidders should note the following procedure for
obtaining further information or clarification on matters arising during the Bid Response
preparation period:
Bidders should address their questions and requests for clarification or further
information to the Contact Officer whose details are set out in paragraph 4 of Section D
of this Volume 1.
All questions and requests for clarification or further information must be made in
writing via the Portal and the Contact Officer will, so far as is practicable, respond in
writing.
All questions and requests for clarification or further information, and the corresponding
responses, will be circulated to all Bidders.
When submitting a question or request for clarification or further information, Bidders
should indicate whether they believe the question or request for clarification or further
information is commercially confidential to them and should not therefore be shared
with other Bidders. This should be done through marking the question or request for
clarification or further information “Confidential – not to be circulated to other Bidders”
(and Bidders are expressly requested not to mark a question as confidential in this way
unless this is genuinely the case). At its absolute discretion, the Contact Officer will
respond to that specific request privately, providing that the principle of equal
availability of information to all Bidders is not breached.
14
If the Authority considers that, in the interests of open and fair competition, it is unable
to respond to the question or request for clarification or further information on a
confidential basis, it will inform the Bidder who has submitted it. The Bidder must as
soon as practicable thereafter respond in writing requesting that either the query be
withdrawn or treated as not confidential. The Authority will deem that the question or
request for clarification or further information has been withdrawn if the Authority is not
contacted in writing within three working days following informing the Bidder as referred
to above.
Bidders should note that all responses to requests for clarification or further information
given at meetings with Bidders cannot be relied upon unless the Authority subsequently
confirms that clarification or further information in writing. Bidders should therefore
ensure that all requests for clarification or further information have been the subject of
written correspondence.
3.5.5
The deadline for requests for clarification or further information is 21st June 2019. The
Authority will not respond to any requests received after this date.
15
SECTION D – INFORMATION ON THE PROCESS
PROCESS AND TIMETABLE
3.6
The Procurement Process
The Authority expects the procurement process from the ITPD stage to signing the Pre-
Construction Services Agreement to reflect the following flow of events:
3.6.1
initial written comments, for discussion will be invited from Bidders before the Dialogue
meetings referred to in paragraph 3.6 of Section C of this Volume 1. The Authority will
want to review progress of the proposed solution and how the designs are progressing,
and will therefore expect Bidders to be able to present at the appropriate meeting
drawings, preliminary ideas on proposed specification and materials, draft schedules of
accommodation and draft programmes, together with proposed cost plans and
comments on the legal/ commercial aspects;
3.6.2
Outline Solutions will be due from Bidders by Friday 3rd May 2019;
3.6.3
The Authority will then evaluate the Outline Solutions;
3.6.4
The two shortlisted Bidders will be invited to participate in further dialogue following the
same process as described in 3.6.1 above;
3.6.5
Final Tenders will be due from Bidders by the Final Tenders Closing Date;
3.6.6
The Authority will then evaluate the Final Tenders.
The Authority reserves the right to seek further clarification from Bidders about their Bid
Responses at any time.
4.
COMMUNICATION AND CONTACTS
4.1 Please note that all Bidder enquiries should be directed to Helen Mills via the Portal:
https://procontract.due-north.com/Login
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SECTION E – EVALUATION OF BID RESPONSES
EVALUATION CRITERIA
This Section E explains the criteria and evaluation methodology the Authority will use in
assessing the Bid Responses.
4.2 Evaluation of Outline Submissions
Bidders will submit a response to the Technical Requirements (part i) as set out in Volume 8.
Outline Submissions will be evaluated as follows:
Headline Evaluation Criteria
Weighting (%)
Part 1 Design & Construction Contractual Proposals
35%
Part 2 Design
15%
Part 3 Works
20%
Part 4 Pricing
30%
TOTAL
100%
The Outline Submission evaluation sub-criteria and their associated weightings, together with
the detailed evaluation methodology is provided in Annex 1 to Volume 8 Technical
Requirements of this ITPD.
4.3 Evaluation of Final Tenders
Bidders will submit a response to the Pricing Schedule set out in Volume 7 and the Technical
Requirements (part ii) as set out in Volume 9.
Final Tenders will be evaluated as follows:
Headline Evaluation Criteria
Weighting (%)
Part 1 Design & Construction Contractual Proposals
20%
Part 2 Design
25%
Part 3 Works
25%
Part 4 Handover
5%
Part 5 Pricing
20%
Part 6 Legal
5%
TOTAL
100%
The Final Tenders evaluation sub-criteria and their associated weightings, together with the
detailed evaluation methodology is provided in Annex 2 to Volume 9 Technical Requirements of
this ITPD.
17
SECTION F - GENERAL CONDITIONS
GENERAL
It is the Bidder’s responsibility to understand all aspects of this ITPD. Any queries arising from this
ITPD must be submitted in writing to Helen Mills via the Portal.
Further information on how to raise a clarification question or other query is contained in Section D of
this Volume 1 at paragraph 4.
5.
CONFLICTS OF INTEREST
The Authority requires all actual or potential conflicts of interest to be notified at least one week
before the Closing Date of Outline Solutions and Final Tenders. The Authority will consider the
actual or potential conflict and will require such conflict to be resolved to the Authority’s
satisfaction prior to the delivery of Bid Responses to this ITPD.
6.
ADDITIONAL INFORMATION
The Authority reserves the right to ask for additional information by way of clarification and
confirmation from Bidders at any time during the tender process. Such requests will include
time limits for response which Bidders are asked to comply with to ensure the tender process
runs to timetable.
7.
COLLUSIVE PROPOSALS
Any Bidder which:
•
fixes or adjusts its Bid Response by arrangement with any other person; or
•
communicates to any person other than the Authority or its own advisers (from whom it
shall have secured all necessary guarantees of confidentiality beforehand) the details of its
Bid Response; or
•
enters into any arrangement with any other person that it will cease to discuss its Bid
Response with the Authority; or
•
offers or agrees to pay or give or does pay or give any sum of money, other inducement or
consideration, directly or indirectly, to any person in respect of its Bid Response or the
Scheme,
will be disqualified, without prejudice to any other civil remedy which may be available to the
Authority, and any criminal liability that may be incurred.
8.
PREPARATION AND PROPOSAL
8.1
It is the responsibility of Bidders to obtain for themselves at their own expense all information
necessary for the preparation of their Bid Responses.
8.2
Information supplied by the Authority is supplied for general guidance in the preparation of the
Bid Response. Bidders must satisfy themselves by their own investigations about the accuracy
of any such information and no responsibility whatsoever is accepted by the Authority or its
advisers for any inaccurate or incomplete information obtained by Bidders.
9.
MEETINGS IN PONTELAND LEISURE CENTRE, PONTELAND, NORTHUMBERLAND
All meetings in connection with the Scheme will usually be held in Ponteland Leisure Centre at
Ponteland Leisure Centre, Callerton Lane, Ponteland, Northumberland NE20 9EG, unless the
Authority agrees or stipulates otherwise.
18
10.
THE AUTHORITY NOT BOUND
The Authority is not bound to accept the highest scored or any Bid Response.
11.
COSTS AND EXPENSES
The Authority shall have no liability or obligation to pay any costs incurred by the Bidder
because of this tender process howsoever incurred. The Bidder shall sign the statement
entitled Form of Tender and Bona Fide Certificate (Appendix A of this Volume 1) declaring that
it fully understands and accepts that the Authority shall not bear any costs in relation to:
•
incidental work in responding to the ITPD and the ISFT;
•
any presentations, demonstrations or other arrangements;
•
submission of a Bid Response, whether the same is compliant or successful.
12.
PUBLICITY
Bidders shall not undertake (or permit to be undertaken) at any time during the procurement
stage, any publicity activity with any section of the media in relation to this Scheme, other than
with the prior written agreement of the Authority. Such agreement shall extend to the content
of any publicity. In this paragraph 12 the word “media” includes (but without limitation) radio,
television, newspapers, trade and specialist press, the Internet and e-mail accessible by the
public at large and the representatives of such media.
13.
THE AUTHORITY’S EMPLOYEES
No Authority employee has any implied or actual power from the Authority to give any
undertaking, guarantee, warranty or representation (express or implied) in relation to this ITPD
or any other matter relating to the Scheme.
14.
VARIATION/SUSPENSION/CANCELLATION OF PROCEDURE
The Authority reserves the right to vary, suspend or cancel the tender process at any time
without explanation or liability for Bidders’ costs.
15.
SUBJECT TO CONTRACT
No offer or Bid Response is deemed accepted until the Pre-Construction Services Agreement
has been duly signed by the Authority and the Bidder and declared unconditional. Discussions
with the Bidder do not imply acceptance of any offer or constitute an indication that the Bidder
will become Preferred Bidder. Only the express terms of any written contract which is finally
signed for and on behalf of the relevant parties and which is duly declared unconditional shall
have any contractual effect.
16.
INTELLECTUAL PROPERTY
The Authority and any relevant advisers will keep Bid Responses confidential and the
information and documents contained in them, subject always to the Authority’s obligations to
other Bidders under the Regulations and its duties under the Freedom of Information Act 2000.
17.
UPDATING OF INFORMATION
Any matter which comes to the attention of the Bidder at any time which may cause any
information given to the Authority (whether prior to or after this ITPD has been issued) to be
inaccurate, incomplete or misleading shall be notified by the Bidder to the Authority without
delay, in sufficient detail to enable the Authority fully to evaluate the impact of such information.
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18.
ENGLISH LAW
Negotiations and all subsequent contracts will be subject to English law and the exclusive
jurisdiction of the English courts.
19.
ENGLISH LANGUAGE
All negotiations will be conducted, and all documents will be prepared in the English language.
20.
CANVASSING
The Authority reserve the right to disqualify (without prejudice to any other civil remedies
available any Bidder who, in connection with this ITPD):
•
offers any inducement, fee or reward to any member or officer of the Authority or any
person acting as an adviser for the Authority in connection with this ITPD;
•
does anything which would constitute a breach of the Prevention of Corruption Acts 1889
to 1916 or under section 117 of the Local Government Act 1972 or under the Bribery Act
2010;
•
canvasses any of the persons referred to in paragraph 13 above in connection with this
ITPD; or
•
contacts any officer of the Authority prior to signing the Pre-Construction Services
Agreement about any aspect of the ITPD in a manner not permitted by this ITPD.
21.
COPYRIGHT
The copyright in this ITPD is vested in the Authority. This ITPD may not be copied or stored in
any electronic medium without the Authority’s prior written consent, other than strictly for
preparing a Bid Response to this ITPD.
22.
FAILURE TO COMPLY
Failure to comply with any of the instructions set out in this ITPD or any other procedures
required in it may result in the Bid Response not being considered by the Authority and such
Bidder being disqualified from the tender process. The Authority also reserves the right to
reject any Bidder who is guilty of misrepresentation in supplying any of the information
requested in this ITPD or at any point in the procurement.
23.
AMENDMENTS
The documents which accompany the submission of this ITPD to Bidders must not be
amended or altered by the Bidder, except in so far as the same is required to complete the
Tender Documents. No altered figures should appear on the Form of Tender (Appendix A of
this Volume 1) or the Pricing Schedules without being initialled by the Bidder’s authorised
signatory on each volume where such alteration(s) appear.
Any amendment to the documents which accompany the submission of this ITPD to Bidders
(including, but not limited to amendments made pursuant to the process referred to in
paragraph 3.7 of Section D of this Volume 1), and/or to the scope of the Project, that the
Authority decides to make during the tendering period will be communicated in writing to the
Bidder.
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ITPD - APPENDIX A - FORM OF TENDER AND CERTIFICATE OF BONA FIDE TENDER1
To: Northumberland County Council
Having examined the procurement documentation, including all volumes of the Invitation to Participate
in Dialogue, I/we undertake, if this Bid Response is accepted, to complete and deliver the whole of the
design and construction work comprised within any Pre-Construction Services Agreement and
Building Contract executed pursuant to this ITPD and generally to comply with the obligations within
those agreements.
I/we declare that to the best of our knowledge and belief no payments, gifts or other inducements
have been or will be offered by us or our agents to board members, officers or employees of the
Authority for obtaining any favour in connection with the award of the Pre-Construction Services
Agreement.
I/we agree to abide by this tender for a period of 180 days from the date set for receiving the same
and it shall remain binding and open for acceptance at any time prior to the expiration of that period.
I/we understand that the Authority is not bound to accept any Bid Response it may receive and
understand that the Authority has no liability to defray expenses herewith nor be responsible for return
of any document submitted for the purpose of tendering.
I/we certify this is a Bona Fide Tender and that I/we have not fixed or adjusted the amount of the Bid
Response by or under or in accordance with any agreement or arrangement with any other Bidder.
Dated
………………………………………….
Signed
………………………………………….
Position
………………………………………….
Duly authorised to sign Bid Responses and acknowledge the contents of this Form of Tender and
Certificate of Bona Fide Tender,
For and on behalf of
………………………………………….
(Name of Bidder)
1 As per paragraph 3.4.2(c) this is only relevant to submission of Final Tenders.
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ITPD - APPENDIX B - NON-CANVASSING CERTIFICATE
Non-canvassing Certificate
To:
Northumberland County Council
1.
We hereby certify that we have not canvassed or solicited any officer, board member or
employee of the Authority or their advisers, agents or representatives in connection with this
Bid Response or in connection with any other bid or proposed bid for the Scheme and that no
person employed by us or acting on our behalf has done any such act.
2.
We further hereby undertake that we will not in the future canvass or solicit any director,
officer, member or employee of the Authority or their advisers, agents or representatives in
connection with this Bid Response or in connection with any other bid or proposed bid for the
Scheme and that no person employed by us or acting on our behalf will do any such act.
Dated
………………………………………….
Signed
………………………………………….
Position
………………………………………….
Duly authorised to sign Bid Responses and acknowledge the contents of the Non-Canvassing
Certificate,
For and on behalf of
………………………………………….
(Name of Bidder)
………………………………………….
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