Engineering and Construction Contract Instructions for Tenderers
Highways Agency
Gantry Systems Framework Framework RFP Volume 1
<Insert Name of Scheme >
Secondary Competition
Request for Proposal
Issue 1 revision 0 Page 2 of 24 September 2011
DRAFT
GSF Framework RFP Vol1 Gantry Systems Framework Secondary Competition
Instructions Request for TenderersProposal
SECONDARY COMPETITION
INSTRUCTIONS FOR TENDERERSRequest for Proposal
CONTENTS AMENDMENT SHEET
Amend. No. / Issue Date / Amendments / Initials / Date
List of Contents
SECONDARY COMPETITION QUOTATION PROCEDURE 4
1.1 Invitation to Participate 4
1.2 General 4
1.3 Documents 5
1.4 Copyright and Confidentiality 5
1.5 Communications 5
1.6 Inspections 6
1.7 Programme 6
1.8 Access to Government information 6
2 SUBMISSION OF PROPOSAL 7
2.1 General 7
3 QUOTATION PROCEDURE 8
3.1 General Instructions 8
3.2 Deliverables. 8
3.3 Capability & Capacity 8
3.4 Quality 8
4 ASSESSMENT PROCEDURE 10
4.1 Capacity and capability 10
4.2 Marking the quality statement, methodology submission 10
4.3 Marking the financial submission 10
4.4 Combining scores 11
4.5 Notification of Result of Secondary Competition 11
5 ALTERNATIVE TENDERS 12
5.1 Procedure 12
5.3 Assessment of Alternative Proposal 13
5,4 Checking of design 13
Annex A - Documents 14
Annex B - RFP QUERY FORM 15
Annex C - Indicative timetable 16
Annex D – Capability Questionnaire 17
Annex F – Flowchart of Quotation Procedure 21
Annex G – Form of risk register 22
Annex H - Form of key staff schedule 23
Annex I – Volume 2 Pricing Submission 24
Annex J Example of Scoring Method 26
Annex K – Guidance On The Rfq Document Pack And Selecting The Optimum Contract Type 27
1 SECONDARY COMPETITION QUOTATION PROCEDURE 4
1.1 General 4
1.2 Documents 4
1.3 Communications 4
1.4 Inspections & Presentations 4
1.5 Programme 4
2 SUBMISSION OF PROPOSAL 5
2.1 General 5
2.2 Quotation procedure with secondary competition 5
2.3 Capability & Capacity 5
2.4 Methodology 5
2.5 Prices 6
2.6 Other information 7
3 ASSESSMENT PROCEDURE 8
3.2 Notification of Result of Secondary Competition 8
4 ALTERNATIVE TENDERS 9
4.1 [State whether Alternative Tenders are permitted If they are then the following procedure applies and is to be included otherwise delete 5.1 to 5.4] 9
5.1 Procedure 9
5.2 Submission 9
5.3 Assessment of Alternative Proposal 10
5.4 Checking of design 10
SECONDARY COMPETITION TENDER PERIOD QUOTATION PROCEDURESS
1.1 General
1.2 Invitation to Participate
1.3 The Contracting Body (“The Contracting Body”) invites framework Suppliers, who have not been excluded, to participate in a Request for Proposal (“RFP”) event under the Highways Agency Enabled Gantries System Framework Contract (“The Framework”).
1.4 General
This document describes the procedure to be used by the contracting body for secondary competition, under the Framework. The Gantries System Framework Contract Documents describe the procedure and all relevant terms and conditions. If there is any discrepancy between this document and the Framework Contract Documents then the latter take precedence
The works, service or services to be supplied are described in the RFP Volume 3 – ‘Works Information’, ‘Service Information’ or ‘Scope’ (of Professional Services).
.These Instructions for Tenderers apply to the submission of secondary competition tenders for the Insert Project Name. Links to additional Highways Agency Reference Documents are provided in the RFP Volume 3 - Annex 1 - Reference Documents
1.5 The conditions of contract are the clauses of the NEC 3 Framework Contract (June 2005 edition), as amended by the Framework Contract ‘Z’ clauses set out in the RFP, Volume 2, Framework Contract Data, Parts One and Two.and RFP Volume 2 Annex A - Subcontract Package Order Contract Data Part 1 and Part 2
1.6 and/or
RFP Vol 2, Annex A, Part 1 and Part 2 - ‘Data Applicable to All Sub-contract Package Orders’ In the event of a discrepancy between this RFP and the Framework Contract Documents then the Framework Contract Documents shall take precedence If in any doubt, the supplier should contact the representative detailed in 1.2. g below.
The Contracting Body will use the e-sourcing portal, for the RFP event. The e-sourcing portal may be accessed via the following hyperlink; https://highways.bravosolution.co.uk
The Contracting Body will be represented by Insert name, title of representative and contact details, in all communications. Contact with the insert name may only be made via the e-sourcing portal
Suppliers must not contact any other person directly and only use the e-sourcing portal for communication any person other than insert name or, if nominated; their designated deputy in relation to this competition. The name of any designated deputy will be confirmed in writing.
Suppliers must nominate a single point of contact in their organisation to communicate via the e-sourcing portal. with insert name.
This framework has 2 separate lots that may be used, these are set out below: [please state what lot using]
Lot 1 – Fabrication, Transportation, and Erection of Gantries
Lot 2 - Removal, Transportation, Refurbishment and Erection of Gantries
The RFP event may be made up of either lot or both if required. [compiler to delete which ever one is not appropriate
1.7
The process seeks to determine the best overall value acceptable tender to the <Insert Primary Supplier Name>, endorsed by the Highways Agency. This will be a compliant bid with a best overall value than any other Tenderer and with acceptable pricing levels and proposals for gantry fabrication, modification and provision.
Tenders must be submitted in accordance with these Instructions. Tenders not complying with these Instructions may be rejected by the <Insert Primary Supplier Name>, endorsed by the Highways Agency, whose decision in the matter will be final. These Instructions will not form part of the proposed contract.
The Contracting Body will use the following system for the Tendering Event….For enquiries contact the Highways Agency via the e-Sourcing portal https://highways.bravosolution.co.uk for Category Management Gantry Systems Framework. The Procurement Officer for this competition is <Insert Name>. Contact with the Procurement Officer must be made via the e-sourcing portal https://highways.bravosolution.co.uk only. Except where otherwise directed in these instructions, Tenderers must not contact any person in relation to this competition other than the Procurement Officer or, if nominated, their designated deputy. The name of any designated deputy will be confirmed in writing.
Tenderers Suppliers are to identify a single point of contact in their organisation to communicate with the Procurement Officer.
These Instructions for Secondary Competition and tender documents must be treated as private and confidential. Tenderers should not disclose the fact that they have been invited to tender or release details of the tender documents, other than on an "in confidence" basis to those who have a legitimate need to know or whom they need to consult for the purpose of preparing the tender. Tenderers should not release information concerning the invitation to tender and/or the tender documents for publication in the press or on radio, television, screen or any other medium.
Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 (EIR) the Highways Agency may be obliged to disclose information relating to the tender process including any Tenders received.
Under the Cabinet Office Efficiency Reform Group’s Guidance Note dated December 2010 entitled “Transparency - Publication of New Central Government Contracts”, the Highways Agency is obliged to publish any contract resulting from this competition, excluding only information which is exempt from disclosure pursuant to the Freedom of Information Act 2000 along with the EIR. The decision as to which materials are excluded from publication rests with the Highways Agency at its sole discretion. The Highways Agency’s initial view is that the only materials likely to be excluded from publication on this basis are as follows:
1. Part B of the Quality Statement
2. CVs for the persons listed in the key staff schedule
3. Build-ups of the prices in the [bill of
quantities/ price schedule] and the staff rates in the resource cost schedule (but not the total of the prices)
4. Build-ups of the fee percentages and the Working Areas, overhead percentage (but not the total percentages)
Tenderers are invited to request that certain information is not disclosed or published if to do so would prejudice their legitimate commercial interests or is otherwise exempt from disclosure under the Freedom of Information Act 2000. Requests for non-disclosure under the Freedom of Information Act 2000 must accompany the tender and include:
Clear and substantive justification
A time limit when any confidential information could be disclosed
The terms of any confidentiality agreement would, if requested, be available for disclosure. Any request by the Tenderer under this paragraph is for information only and will not be taken into account in the tender assessment process, nor will it form part of any contract between the Highways Agency and the Tenderer.
Tenderers must advise the Highways Agency if,
1. their ownership or the ownership of any member of their tendering consortium (or their parent company) changes, or
2. any organisation involved in the preparation of this contract is acquired by them or by any member of their consortium (or an associated company).
If the Highways Agency considers that a change in ownership on either ground referred to in paragraph 1.1.10 above has created a potential conflict, the Highways Agency may exclude a conflicted Tenderer from the tender assessment. If excluded, the Tenderer will be notified by the Procurement OfficeNB there is no requirement for the clause that I have deleted. These provisions are already covered by the Z Clauses in the Framework Contract, which the Suppliers have already signed. r.
Documents
Instructions relating to documentation are contained in Annex ‘A’.
Copyright and Confidentiality
These instructions, RFP documents and any drawings, prints, specifications, data, calculations and analyses issued to Suppliers in connection with this RFP event, hereafter referred to as (“the RFP pack”) remain the property of the Highways Agency.
Approved Contracting Bodies are permitted to use the RFP pack for the purpose of conducting a secondary competition. All such information issued to Suppliers may only be used for the purpose of responding to the RFP. Such information should not be disclosed to persons unconnected with the RFP.
Suppliers should not disclose the fact that they have received an RFP or release details of the RFP documents, other than on an "in confidence" basis to those who have a legitimate need to know or whom they need to consult for the purpose of responding to the RFP.
Suppliers should not release information concerning the RFP for publication in the press or on radio, television, screen or any other medium.
These provisions apply equally to drawings and other information supplied for the purpose of the proposal, the property rights of which vest in a third party.
Communications
1.17 Any queries from Suppliers regarding the RFP documents must be made via the e-Sourcing portal on the form supplied in Annex B and sent to insert name no later than 7 days prior to the date of return of the RFP.
1.19.1
1.18 All RFP queries will be acknowledged and answered by insert name. Queries and responses will be circulated to all Suppliers on a non-attributable basis,.
Should insert name feel that the query is not commercially sensitive, it will be discussed with the Supplier raising the query.
Following the discussion; if insert name still believes the query is not commercially sensitive; the Supplier will have the option to withdraw the query, which will not then be published.
If any answer requires a change to the RFP documents, a RFP amendment will be issued.
1.19.2 RFP amendments are changes to the RFP documents that are made in writing by Contracting Body and issued to all Suppliers. Only in exceptional circumstances will RFP amendments be issued after RFPs have been submitted. In such circumstances suppliers will be notified via the e-sourcing portal of the required action.
, insert name will notify all Suppliers of the required action.
1.8 Inspections
1.9 [omit if no land is associated with the contract]
1.10
Suppliers wishing to visit any land or property associated with the contract must notify of this via the e-sourcing portal. insert name. Liability for any damage or disturbance caused to such land or property rests with the Supplier.
1.11 Indicative Programme
1.12 The programme for this RFP is set out below also contained in Annex Cincluded at Annex C.
1.13 <Insert Date> Electronic Issue of RFP through e-sourcing portal
1.14 <Insert Date> Deadline for Tender Queries
1.15 <Insert Date> Bid Submission 12.00pm (Noon) (date & time)
1.16 <Insert Date> Endorsement Meeting/ Minded to award
1.17 <Insert Date> Contract Award
1.20. Access to Government Information
1.21.
1.21.1 All Contracts awarded above £10k will be published in full on Government websites, including Contracts Finder. The Highways Agency’s requirements relating to the publication of confidential information are set out in the Service Information.
1.21.2
1.21.3 Under the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIRs”), The Highways Agency is obliged (subject to the application of any relevant exemptions and, where applicable, the public interest test) to disclose information in response to requests for information.
1.22.
You need to be aware that The Highways Agency could receive requests for any information relating to this contract. The contract will include provisions to reflect the Agency’s obligations under those disclosure regimes.
1.23.
The Highways Agency cannot contract out its obligations in this respect and will only accept confidentiality clauses in very exceptional circumstances.
1.24.
1.24.1 You must set out any information which you regard as confidential in a separate schedule along with the reason you have taken this view.
1.25.
1.25.1 Your attention is also drawn to the Code of Practice (in particular, section V thereof) issued by the Lord Chancellor under section 45 of the FOIA (section IX of the Code of Practice issued under regulation 16 of the EIRs provides similar guidance).