MFA for proposed utility diversions and/or protection audit and advice services

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        "description": "Transport Scotland is responsible for improving transport infrastructure across Scotland which involves delivery of major trunk road construction schemes. Major road construction schemes often include requirements to divert and/or protect utilities to enable their completion. The objective of this tender is to appoint multiple Consultants to provide the following services to Transport Scotland: Review and coordinate utility works programmes associated with trunk road design and construction projects; Review the correctness and completeness of processes undertaken in accordance with New Roads and Street Works Act 1991, the Town and Country Planning (Scotland) Act 1997; Technically review utility diversion/protection proposals; Liaise with Statutory Undertakers/Engineer/ Designer/ Contractor; Review risk management and mitigation; and Provide specialist technical support and adhoc advice. Further information on Transport Scotland can be accessed through our website at: www.transport.gov.scot",
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                "title": "MFA for proposed utility diversions and/or protection audit and advice services",
                "description": "Transport Scotland is responsible for improving transport infrastructure across Scotland which involves delivery of major trunk road construction schemes. Major road construction schemes often include requirements to divert and/or protect utilities to enable their completion. The objective of this tender is to appoint multiple Consultants to provide the following services to Transport Scotland: Review and coordinate utility works programmes associated with trunk road design and construction projects; Review the correctness and completeness of processes undertaken in accordance with New Roads and Street Works Act 1991, the Town and Country Planning (Scotland) Act 1997; Technically review utility diversion/protection proposals; Liaise with Statutory Undertakers/Engineer/ Designer/ Contractor; Review risk management and mitigation; and Provide specialist technical support and adhoc advice. Further information on Transport Scotland can be accessed through our website at: www.transport.gov.scot",
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                "description": "Transport Scotland on behalf of the Scottish Ministers has identified a requirement to appoint a suitably experienced Economic Operator (a \"Consultant\") to provide the following specialist services to support the delivery of trunk road projects across Scotland: i) Review and coordination of an overall utility works programme to ensure the strategy for utility diversions is appropriate and provides the most effective option to support the delivery, of for example: the A9 Dualling Programme of works, on time and to budget. ii) Correctness and completeness review of the process undertaken to ensure application of the appropriate Legislation; the Town and Country Planning (Scotland) Act 1997 and New Roads and Street Works Act 1991, the Conditions of Contract, including the Employer's Requirements and relevant codes of practice including, but not limited to: Measures necessary where apparatus is affected by major works (diversionary works). Any conflicts in these requirements should be identified together with recommendations for further review and/ or action. (iii) Technical review of utility diversion proposals to identify appropriateness and completeness of any proposals, ensure designs can practically be achieved and are compliant with relevant regulations. (iv) Liaise with Statutory Undertakers, Designer, Contractor etc. as necessary to ensure compliance with the proposed design and verification of the costs for the diversionary routes/or protection works and provide recommendations. v) Risk Management and Mitigation Review. Appraisal of Utility designs and programme to identify key risks to programme delivery and the measures taken to identify and mitigate these by Undertakers and relevant parties (i.e. Designer, Contractor etc.). vi) Specialist technical support relating to utility queries, dispute resolutions etc. which may involve, but not be limited to: attendance at meetings, preparation of draft correspondence, providing adhoc advice and recommendations. The appointed Consultants will be required to have personnel with specialist experience of reviewing utility diversion/protection proposals, with an in depth understanding of the Town and Country Planning (Scotland) Act 1997 and New Roads and Street Works Act 1991, as well as Transport Scotland's and Statutory Undertakers contract requirements. Transport Scotland ultimately wish to ensure a sufficiently robust and rigorous process has been undertaken to ensure prospective tenderers/ contractors/ consultants have sufficient information to accurately price and undertake construction works and programme activities within a specified timeline. The Consultant may also be required to attend offices, construction sites or other locations within the UK at which the statutory utility owners and contractors are based. The Consultants will be procured through a competitive tender procedure, in accordance with the restricted procedure as provided for in the Public Contracts (Scotland) Regulations 2015. The Framework Agreement will be for a period of 4 years. Contracts called off the framework will be of varying length depending on individual project requirements. This contract will not divided into lots as the service will generally be used on complex projects and will typically be interrelated therefore it would make it unreasonably complex to administer the contract in this manner. To be considered for this Contract, Economic Operators are required to complete the European Single Procurement Document (ESPD) in accordance with this Contract Notice. Economic Operators shall be evaluated in accordance with the Public Contracts (Scotland) Regulations 2015, on the basis of information they have provided within the ESPD. The ESPD can be downloaded via the Public Contracts Scotland portal (www.publiccontractsscotland.gov.uk). Economic operators may be excluded from this competition if they are in any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.",
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                    "description": "It is intended that 5 economic operators be taken forward to tender stage. These economic operators shall be who have: (i) submitted a compliant submission, comprising the completed ESPD; (ii) satisfied the relevant selection criteria under the exclusion grounds; (iii) (a) Minimum Standards of Eligibility - provided evidence of working on specified types of projects over a specified value; and (b) Technical or Professional Ability - provided evidence demonstrating an acceptable level of technical or professional ability; and (c) Human Resources - possess the necessary human resources, qualified appropriately to perform the requirement. (iv) has in place quality, environmental and health and safety management systems and appropriate sustainability measures attributing significantly to the requirement; (v) satisfied minimum standards of economic and financial standing; (vi) experience of design/audit/review of utility diversions/ protection on major highway/ trunk road construction projects with a value of > 10m GBP(total construction cost) and/ or utilities works relating to highway/trunk road construction with a value > 2m GBP; (vii) experience of applying the Town and Country Planning (Scotland) Act 1997 and the and New Roads and Street Works Act 1991 in relation to utility diversions and/or protection; (viii) achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to Statements (d), (e) and (f) (refer to Section III.1.3). However, if an economic operator has not submitted a compliant submission as described in (i) above, failed in respect of either (ii), (iii), (iv), (v), (vi) or (vii) above, then that economic operator shall be excluded from the ranking of scores described in (viii) as above. Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref. 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015."
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            "performanceTerms": "It is the Employer's policy to measure the performance of each Consultant on a regular basis. In the event that the Consultant's performance falls below a satisfactory level, the Consultant will be invited to determine a means of rectifying the situation. Repeated or continual service failures shall result in suspension or termination of the contract It is a requirement of the contract that the staff employed under the Framework Agreement shall have minimum levels of experience, education and professional qualifications. These should be provided for under ESPD, Question Ref. 4C6.1 in response to Statement (g) above."
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            "criteria": [
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                    "type": "suitability",
                    "description": "III.1.1 Economic Operators must be enrolled in the relevant professional or trade registers kept in the member state of its establishment (as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015) (i.e. registered under Companies House). Economic operators should provide details under Question Ref. 4A.1. Economic Operators should provide details of their certifications/ accreditations/ registrations under Question Ref. 4C.6. Subsequently, under ESPD, Question Ref 4D.1 Economic Operators are required to confirm their compliance and be able to provide the appropriate certification. Qualifications and Experience It is a requirement of the Contract that staff employed under the Contract shall have minimum levels of experience, education and professional qualifications. In particular, the Consultant shall have staff who are Chartered professionals (or equivalent) who will review and technically appraise designs (and processes applied) to ensure compliance with Employers requirements, appropriate standards, Statutory Undertakers requirements, Town and Country Planning (Scotland) Act 1997 and the New Roads and Street Works Act 1991. This should be coupled with relevant experience of Design and Build contract types and Design Build Finance Operate contract types and trunk road/ highway construction projects. It is not envisaged that the successful tenderer shall fulfil any named duties under Construction (Design and Management) Regulations 2015. Sub-Contractors ESPD Question Ref. 2D.1.1 requires Economic Operators to specify in so far as known, any subcontractors that may be used for any share of the Contract to deliver the services, due to the specialist nature of the services. This question is not scored."
                },
                {
                    "type": "economic",
                    "description": "Economic Operators shall be required to satisfy minimum standards of economic and financial standing. To determine these standards, Economic Operators shall: a) in response to ESPD, Question Ref 4B.1.1 provide the specified annual turnover for the last two years of trading, or for the period which is available if trading for less than two years; b) in response to ESPD Question Ref 4B.4 provide the name, value and/or range of Nine financial criteria for the last two years of trading, or for the period which is available if trading for less than two years; and c) in response to ESPD Question Ref 4B.5.1 confirm they already have or can commit to obtain, prior to commencement of the contract the required levels of insurance. In addition to the information requested under (a) and (b), Economic Operators are required to provide a link/ copies of the associated annual accounts as filed at Companies House (or equivalent if not a UK registered company) for the last two years of trading, or for the period which is available if less than two years. This information has been requested to enable Transport Scotland to perform their own assessment and confirm the financial ratios submitted. Ultimately, ensuring the correct score is allocated, and to ensure no misinterpretation. Where there exist differences in ratios, between those provided and those calculated by Transport Scotland, clarification will be sought.",
                    "minimum": "Economic operators shall be required to satisfy minimum standards of economic and financial standing. These are described below: Evaluation Criteria Ratios (Question Ref. 4B.4) The financial information received under ESPD, Question Ref. 4B.4 shall be evaluated and scored out of 50 by allocating a score against nine individual economic and financial standing evaluation criteria, namely: 1. Acid Test Ratio 2. Cash Interest Cover Ratio 3. Return on Capital Employed 4. Operating Profit Ratio 5. Net Worth 6. Gearing 7. Annual Contract Value to Turnover 8. Filed Accounts 9. Audit Report The individual scores shall be weighted, with the most recent (\"Year 1\") financial statements weighted at 67 percent and the previous (\"Year 2\") statements being weighted at 33 percent, to form an aggregated score for each of the nine criteria over the two years. The maximum cumulative score resulting from the summation of the nine economic and financial standing aggregated scores shall be 50 marks. A submission shall be marked as a FAIL and will not be considered further if the score achieved by a Single Economic Operator or a Group of Economic Operators is less than 50 percent of the available marks. The scoring mechanism can be downloaded via the Public Contracts Scotland portal (www.publiccontractsscotland.gov.uk). Where the submission has been submitted by a Group of Economic Operators, the information submitted by each Group Member will be evaluated in the proportion of the percentage shareholdings or percentage equity/interest of each Group Member and a score determined for such Group if Economic Operators on that basis. Insurance (Question Ref. 4B.5) In response to Question Ref. 4B.5.1 Economic Operators must confirm they already have or can commit to obtain, prior to the commencement, the following levels of insurance: Employer's (Compulsory) Liability Insurance = 5 million GBP Public Liability Insurance = 5 million GBP Professional Indemnity Insurance = 1 million GBP In responding to Question Ref 4B.5.1 and 4B.5.2 of the ESPD, where the bidder ticks the box \"No, and I cannot commit to obtain it\" they shall be marked as FAIL and shall be excluded from this procurement competition."
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                {
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                    "description": "ESPD: Question Ref. 4C.1.2 - Using the tables provided, Economic Operators must insert suitable responses to Statements (a) to (g) set out below, demonstrating that they meet required minimum standards of eligibility and technical and professional ability. Answers to these statements shall be answered by single economic operators and by groups of economic operators (group members should not respond individually). A \"group of economic operators\" is defined as an unincorporated consortium or joint venture. Responses to Statements (a) and (b) shall be assessed on the basis of PASS or FAIL. Economic Operators who fail to satisfy these minimum standards (either a 'No' answer or fail to provide an acceptable answer) shall be excluded from the procurement competition. Statement (c) is not scored but is required to be completed. The responses to Statements (d), (e) and (f) shall be assessed on the basis of a score with a minimum threshold, using the following scoring mechanism: - Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion (0-2 Unacceptable); - Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/capability/capacity (3-4 Weak); - Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature (5-6 Acceptable) - Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (7-8 Good) - Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (9-10 Excellent) An ESPD submission shall be marked as FAIL and will not be considered further if the score achieved for any statement is less than or equal to 2. Where a response is greater than 2 it shall be weighted in order to calculate a score out of 100 for the 3 statements. Economic Operators shall be required to insert suitable responses to Statements (i), (j) and (k) demonstrating that they have in place an appropriate quality, environmental and health and safety management systems. Economic Operators should specify their recognised accredited system or own non-accredited system, which shall ultimately be adopted upon contract. Subsequently, under ESPD Question Ref 4D.1 Economic Operators are required to confirm their compliance and be able to provide the appropriate certification. The responses to Statements (i), (j) and (k) shall each be assessed on the basis of PASS or FAIL. Economic Operators who obtain a FAIL in any response shall not be considered further in this procurement competition. Economic Operators shall be required to insert suitable responses to Statement (g) demonstrating that their employees have the requisite experience, educational and professional qualifications to perform the Framework Agreement. Economic Operators shall be required to insert a suitable response to statement (h) in ESPD Question Ref. 4C.7, and within their statement, demonstrating that they have in place suitable practices, procedures or policies supporting Transport Scotland's sustainable procurement duty, equality duty or fair work practice policies. Economic Operators shall be required to demonstrate that they are registered/accredited/certified under the relevant professional or trade body and/or processes conform to the appropriate technical specifications/standards.",
                    "minimum": "Statement (a) - Within the last 5 years have you provided a review and/or audit/ advice services for utility diversion/protection proposals to a client to the value of at least 100,000 GBP sterling per annum? If yes, please provide details Statement (b) - Within the last 5 years have you provided services in relation to the diversion of utilities on a trunk road/ highways related construction project dealing with the Town and Country Planning (Scotland) Act 1997/ New Roads and Street Works Act 1991? If yes, please provide details. Statement (c) - Provide information on no more than 4 \"reference projects\" which reflect similar works in terms of scope, size and/ or complexity to the Framework Agreement, predominantly carried out within the last 6 years detailing your role and the scope of the services performed (max. 500 words per reference project) Statement (d) - Stakeholder liaison (weighting 40%) - From your ref. projects, provide details of approach on working with, co-ordinating, managing and interfacing with key Statutory Undertakers, Designers, Project Managers and Contractors to ensure rights and interests of the parties are delivered. The response should provide evidence of approaches to consultation and liaison, evidence of the development of mutual value and benefits achieved as a result (max. 400 words). Statement (e) - Risk management and mitigation (weighting 40%) - From your ref. projects, provide details of approach to risk identification, management and mitigation. The response should be sufficiently detailed to demonstrate understanding of key risks of various stakeholders, specific mitigations taken and the benefits to the overall outcome (e.g. cost and time) (max. 400 words). Statement (f) - Skills and training (weighting 10%) - Provide details of your approach to developing staff skills and your commitment to training and ensuring employees knowledge is up to date. The response should also detail your approach to knowledge sharing/ developing skills of clients and/or stakeholders (max. 400 words). Statement (g) - It is a requirement of the contract that the staff employed under the Framework Agreement shall have minimum levels of experience, education and professional qualifications. Economic Operators should provide no more than 5 CVs (max. length 1 side sheet each CV) to demonstrate staff with the requisite capability to deliver the Framework Agreement. The minimum educational and professional qualifications include: Professional staff - chartered status (or equivalent) of a relevant professional organisation; Graduate staff - Degree (or equivalent) in a relevant subject from a relevant degree-awarding body; and Technical Staff - Appropriately qualified to contribute to the provision of services. Statement (h) - Fair work and equality practices - Economic Operators should describe the approach to equality and fair work practices for workers (including any agency or sub-contractor workers) engaged in the delivery of this contract. Answers need not be constrained to, your ref. projects (max. 500 words). Statement (i) - Quality Management System. This may be European Foundation Quality Model (EFQM) or equivalent; BS EN ISO 9001:2015 (Quality Management Systems); other accredited management system; or own non-accredited management system. Statement (j) - Health and Safety Management System. This may be BS OHSAS 18001:2007 (Occupational Health and Safety Management Systems) and associated standards; other accredited management system; or own non-accredited management system. Statement (k) - Environmental Management System. This may be BS EN ISO 14001:2015 (Environmental Management Systems); other accredited management systems; or own non-accredited management system."
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        "amendments": [
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                "id": "amd-9",
                "description": "In light of the recent disruption caused to travel and work arrangements following the weather the question deadline was extended and therefore the ESPD return deadline was amended accordingly.",
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                            "section": "IV.2.2",
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    "language": "EN",
    "description": "Transport Scotland will conduct the proposed procurement process for the Framework Agreement on behalf of the Scottish Ministers. In the event of the conclusion of the Framework Agreement, it is the intention that the Framework Agreement will be entered into between the Scottish Ministers and the most economically advantageous tenderers. Each selected Economic Operator shall be invited to submit a Tender on the same contract terms. Each Economic Operator shall submit four paper copies (one marked \"ORIGINAL\" and three marked COPY 1, 2 or 3 as relevant) together with one USB Flash drive/ USB data storage device of the completed ESPD, in a sealed package to arrive by no later than 12 noon GMT on 7 March 2018 to the following addressee and address: Procurement support manager Transport Scotland Buchanan House 58 Port Dundas Road Glasgow G4 0HF United Kingdom The Scottish Ministers shall not evaluate any submissions received past the specified deadline, unless the delay is caused by a situation out with the control of the Economic Operator, the determination of which shall be at the sole discretion of the Scottish Ministers. Compliance with achieving the specified deadline is the sole responsibility of the Economic Operator. Economic Operators which alter their composition after making a submission will be the subject of re-evaluation. Any request by Economic Operators for clarification of any part of the documentation shall be made through the Public Contracts Scotland portal website. The deadline to submit questions relating to the submission via the Public Contracts Scotland portal is 12:00hrs GMT on 16 February 2018. Neither Transport Scotland nor the Scottish Ministers shall be responsible in any way to Economic Operators as a result of any delay or failure in answering any request for clarification or any decision not to answer a request for clarification (either in full or in part). Absence of a response from Transport Scotland or the Scottish Ministers shall not entitle Economic Operators to qualify their submission. The Scottish Ministers reserve the right not to conclude any Framework Agreement as a result of the procurement process initiated by this notice and to make whatever changes the Scottish Ministers deem appropriate to the content, process, timing and structure of the procurement process. Transport Scotland and the Scottish Ministers shall have no liability for any costs howsoever incurred by those participating in the competition. Economic Operators should be aware that all information submitted to the Scottish Minister may need to be disclosed and/or published by the Scottish Ministers in compliance with the Freedom of Information (Scotland) Act 2002. (SC Ref:564336)",
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