Appointment of a building contractor - refurbishment of 1936 building and former factory shop.

CONTRACT NOTICE

Works

SECTION I: CONTRACTING AUTHORITY

I.1)NAME, ADDRESSES AND CONTACT POINT(S)

Clackmannanshire Regeneration LLP
Greenfield House, Tullibody Road
Attn: c/o Clackmannanshire Council
FK10 2AD Alloa
UNITED KINGDOM
Tel. +44 1259452087

Internet address(es)

General address of the contracting authority http://www.clacksweb.org.uk/

Address of the buyer profile http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00260

Further information can be obtained at: As in above-mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s)

Tenders or requests to participate must be sent to: As in above-mentioned contact point(s)

I.2)TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES
Body governed by public law
General public services

SECTION II: OBJECT OF THE CONTRACT

II.1)DESCRIPTION
II.1.1)Title attributed to the contract by the contracting authority
Appointment of a building contractor - refurbishment of 1936 building and former factory shop.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Design and execution
Main site or location of works Alloa, Clackmannanshire.

NUTS code UKM22

II.1.3)The notice involves
A public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
Clackmannanshire Regeneration LLP seeks to appoint an experienced building contractor to carry out refurbishment works to two currently derelict properties within Alloa Town Centre.
The first building comprises of the former despatch warehouse (known as the 1936 building) and the second building comprises of the former Paton & Baldwins factory shop. The 1936 building is category A listed and the factory shop is category C listed. The contract will be let on the standard form SBCC design and build contract (2009 revised edition) and will be for a guaranteed maximum price.
The successful candidate will also be required to accept the novation of the LLP's design team for this project. Candidates invited to tender will be required to price separately in respect of the 1936 building and the former factory shop, as the LLP requires the option not to proceed with the refurbishment of the former factory shop.
Further details of the contract conditions will be provided to those candidates invited to tender. The successful candidate will require to enter into the building contract with the LLP's nominated property development manager, SCOT Sheridan (Alloa) Limited.

Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland web site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=204084.

The awarding authority has indicated that it will accept electronic responses to this notice via a "tender submission postbox" facility. Further details of this facility are available at http://www.publiccontractsscotland.gov.uk/PostBox/Postbox_Explain.aspx?ID=204084.

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems. The postbox closes precisely at the time stated.
II.1.6)Common procurement vocabulary (CPV)

45210000, 45213100, 45213200, 79610000

II.1.7)Contract covered by the Government Procurement Agreement (GPA)
Yes
II.1.8)Division into lots
No
II.1.9)Variants will be accepted
No
II.2)QUANTITY OR SCOPE OF THE CONTRACT
II.2.1)Total quantity or scope
It is anticipated that the phases of works will amount to:
Phase I - 3.8 million pounds sterling; and.
Phase II - 1.5 million pounds sterling.
The total budget available for this project is 6 million pounds sterling inclusive of contingencies.
II.2.2)Options
Yes
description of these options: The LLP shall have the right to proceed with phase I (1936 building) or both phases I and II. This right shall be at the LLP's sole discretion and subject to the approval of Clackmannanshire Council (on behalf of the LLP).
The LLP reserves the right not to accept any tender in respect of this contract.
II.3)DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION
Duration in months: 12 (from the award of the contract)

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

III.1)CONDITIONS RELATING TO THE CONTRACT
III.1.1)Deposits and guarantees required
A performance bond of 10 % of the contract sum shall be required prior to the commencement of any works under the contract.
Collateral Warranties shall be required in favour of the LLP, the Project Funders and Clackmannanshire Council.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded
None preferred, however for entering into and performing the contract, tenderers will require to form a legal entity recognised by Scots law. There is no preferred form of economic operator but each individual in any group is to be jointly and severally liable for the contract. In the event of an associated group of companies being successful, the LLP will require each company to be jointly and severally liable for the satisfactory performance of the contract. This assurance will be required in writing before any contract can be awarded to such a group.
Tenderers will be required to confirm that none of the factors listed in Article 47 of Directive 2004/18/EC and Regulation 23 of the Public Contract (Scotland) Regulations 2006 (as amended) are applicable to their organisation.
III.1.4)Other particular conditions to which the performance of the contract is subject
Yes
Under this procurement the successful contractor will be required to support Clackmannanshire Council's economic and social regeneration objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations.
This may include labour recruitment and the provision of personnel services (CPV 74500000-4).
III.2)CONDITIONS FOR PARTICIPATION
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if requirements are met: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent;
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process;
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession;
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession;
(5) All candidates must comply with the requirements of the state in which they are established, regarding registration on the professional or trade register;
(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process;
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the state where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation;
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant state in which the candidate is established;
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant state in which the economic operator is established.
III.2.2)Economic and financial capacity
Information and formalities necessary for evaluating if requirements are met: (1) All candidates will be required to provide a reference from their bank;
(2) All candidates will be required to provide evidence of relevant professional risk indemnity insurance;
(3) All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice;
(4) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.
Minimum level(s) of standards possibly required Candidates must have demonstrable capacity to carry out the works required. The LLP reserves the right to exclude Candidates who cannot demonstrate the ability to carry out the type of works detailed in this notice.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if requirements are met:
(1) A statement of the candidate's average annual number of staff and managerial staff over the previous 3 years
(2) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract;
(3) All candidates will be required to provide certification from an independent body attesting conformity to environmental management standards in accordance with the Community eco-management and audit scheme (EMAS); or the European standard BS EN ISO 14001;
(4) All candidates will be required to provide certification drawn up by an independent body attesting the compliance of the economic operator with quality assurance standards based on the relevant European standards;
(5) Certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products clearly identified by references to specifications or standards;
(6) A statement of the principal goods sold or services provided by the supplier or the services provider in the past 3 years, detailing the dates on which the goods were sold or the services provided; the consideration received; the identity of the person to whom the goods were sold or the services were provided
(7) A check may be carried out by the contracting authority or by a competent official body of the state in which the candidate is established, to verify the technical capacity of the candidate; and if relevant, on the candidates study and research facilities and quality control measures;
(8) A statement of the candidate's technical facilities; measures for ensuring quality; and their study and research facilities;
(9) An indication of the proportion of the contract which the services provider intends possibly to subcontract;
(10) A statement of the technicians or technical services available to the candidate to carry out the work under the contract; or be involved in the production of goods or the provision of services under the contract; particularly those responsible for quality control, whether or not they are independent of the candidate;
(11) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract;
(12) A list of works carried out over the past 5 years, detailing the value of the consideration received; when and where the work or works were carried out; and whether they were carried out according to the rules of the trade or profession and properly completed.
III.2.4)Reserved contracts
III.3)CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1)Execution of the service is reserved to a particular profession
III.3.2)Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service

SECTION IV: PROCEDURE

IV.1)TYPE OF PROCEDURE
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 5
Objective criteria for choosing the limited number of candidates: A pre-qualification questionnaire is attached for completion by candidates.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)AWARD CRITERIA
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)An electronic auction will be used
No
IV.3)ADMINISTRATIVE INFORMATION
IV.3.1)File reference number attributed by the contracting authority
2/6/1012
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents
Time limit for receipt of requests for documents or for accessing documents 22.7.2011
IV.3.4)Time-limit for receipt of tenders or requests to participate
29.7.2011 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
3.10.2011
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening tenders

SECTION VI: COMPLEMENTARY INFORMATION

VI.1)THIS IS A RECURRENT PROCUREMENT
VI.2)CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS
VI.3)ADDITIONAL INFORMATION
This project is subject to the terms of the development agreement entered into between Clackmannanshire Regeneration LLP and SCOT Sheridan (Alloa) Limited. In accordance with the terms of this contract, the successful candidate will be required to enter into the building contract with SCOT Sheridan (Alloa) Limited and will have no direct contractual relationship with the LLP (save where any step in rights are exercised or rights arise under any guarantees or warranties).
The successful candidate will require to provide collateral warranties to the LLP's funder and to any tenants of the building, Clackmannanshire Council and to any other party as the LLP may reasonably require.
Please note that all submissions must be made by means of the tender postbox. Please refer to the supplier questionnaire for further details.
(SC Ref:204084).
VI.4)PROCEDURES FOR APPEAL
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Clackmannanshire Regeneration LLP will incorporate a minimum of 15 calendar day standstill period at the point of information on the award of the contract is communicated to candidates. This period allows unsuccessful candidates to seek further debriefing from the contracting authority before the contract is entered into. Such additional information should be required from the address in point I.1) of the contract notice. If an appeal regarding the award of contract has not been successfully resolved the Public Contracts (Scotland) Regulations 2006 (SSI 2006/1) (as amended) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rule to take action in the Sheriff Court or Court of Session. Any such action must be brought promptly and in any event within 3 months of the occurence of the breach complained of.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)DATE OF DISPATCH OF THIS NOTICE:
16.6.2011