P&C Fwk Lot B Vol 1 Version 2.5 (03/12/13)

P&C Fwk Lot B Vol 1 – Version 2.5 (03/12/13)

Category Management Pavement & Concrete Framework

Request For Proposal (RFP)

Lot Group B

Volume 1

Instructions for Secondary Competition

1 P&C Fwk Lot B Vol 1 – Version 2.5 (03/12/13)

Contents

1 SECONDARY COMPETITION - INSTRUCTIONS FOR SUPPLIERS...... 3 2 SUBMISSION OF QUOTATION...... 7 3 QUOTATION PROCEDURE...... 8 4 ASSESSMENT PROCEDURE...... 10 5 ANNEXES...... 12

Document Update Details

Date Volume Amendment 08/02/2013 Vol 1 Version update to 2.3 08/08/2013 Vol 1 – Page 15 Pricing Schedule Rate Calculator for Lot B in Annex C amended to new version. Updated to version 2.4 03/12/2013 Vol 1 – Pages, 2,4,5,7,8,13 Document wording amended on muliple pages. Updated to version 2.5

1. SECONDARY COMPETITION - INSTRUCTIONS FOR SUPPLIERS

1. Invitation To Participate

1.1. The Contracting Body (Insert name of company as “The Contracting Body”) invites framework Suppliers to participate in a Request For Proposal (“RFP”) event under the Highways Agency Enabled Pavement & Concrete Framework (“The Framework”).

2. General

2.1. This RFP document describes the procedure to be used by The Contracting Body for a secondary competition.

The conditions of contract are the clauses of the NEC 3 Framework Contract (2005) as amended by the Framework Contract ‘Z’ clauses set out in the ‘Category Management: Pavement & Concrete Framework, Volume 1, Framework Contract Data Part One’.

The NEC 3 Term Service Contract terms and conditions, as amended by the ‘Z’ clauses in the ‘Category Management: Pavement & Concrete Framework, Volume 1, Term Service Package Order Contract Data Part One Annex B’ (‘Data Applicable to All Term Service Package Orders).’

The ‘Category Management: Pavement & Concrete Framework’ Contract Documents are available through ‘Contracts Finder’ at: http://www.contractsfinder.businesslink.gov.uk/Common/View %20Notice.aspx?site=1000&lang=en¬iceid=384774&fs=true

The ‘RFP Lot Group B, Volume 2, Additional Contract Data for a Term Service Package Order, Part One’.

1.2.1 The Services to be supplied are described in the Brief in ‘RFP Lot Group B, Volume 3, Additional Service Information’, and when applicable in the ‘RFP Lot Group B, Volume 2, Part One.’

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 1.2.4 below.

2.2. 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

2.3. The Contracting Body will be represented by Insert name, title of representative, in all communications. Contact with insert name may only be made via the e-sourcing portal

2.4. Suppliers must not contact any other person directly and only use the e- sourcing portal for communication.

2.5. Suppliers must nominate a single point of contact in their organisation to communicate via the e-sourcing portal.

3. Documents

3.1. Instructions relating to documentation are contained in Annex A.

4. Copyright and Confidentiality

4.1. 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.

4.2. 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.

4.3. 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.

4.4. Suppliers should not release information concerning the RFP for publication in the press or on radio, television, screen or any other medium.

4.5. 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.

5. Communications

5.1. 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 no later than 7 days prior to the date of return of the RFP.

5.2. RFP amendments are changes to the RFP documents that are made in writing by the 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.

6. Inspections [omit if no land is associated with the contract]

6.1. Suppliers wishing to visit any land or property associated with the contract must notify of this via the e-sourcing portal. Liability for any damage or disturbance caused to such land or property rests with the Supplier.

7. Indicative Programme

Electronic Issue of RFP through e-sourcing portal

Deadline for Tender Queries

Bid Submission (date & time)

Endorsement Meeting/ Minded to award

Contract Award

8. Access to Government Information

8.1. 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.

8.2. 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.

8.3. 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.

The Highways Agency cannot contract out its obligations in this respect and will only accept confidentiality clauses in very exceptional circumstances.

You must set out any information which you regard as confidential in a separate schedule along with the reason you have taken this view.

8.4. 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).

2. SUBMISSION OF QUOTATION

9. General

9.1. RFP submissions and supporting documents must be written in English.

9.2. RFP Submissions must be submitted in accordance with the instructions contained within this RFP document and must not be qualified or accompanied by any statements or a covering letter that might be construed as rendering the RFP Submission equivocal.

2.1.1 Unauthorised alterations or additions must not be made to any component of the issued RFP documents. The Contracting Body’s decision as to whether or not a RFP Submission complies with these instructions will be final. 2.1.2 RFP Submissions not received by The Contracting Body by the RFP return date and time may be excluded from further consideration. Offers should remain open for acceptance for 90 calendar days from the RFP return date. 2.1.3 The RFP is to be sent via the e-Sourcing portal at https://highways.bravosolution.co.uk for the Insert Name of Scheme project. The RFP is to be returned in the following volumes, with the documents listed in Annex A.

9.3. Volume 1. The documents listed in Section 2 of Annex A, which are to be submitted as part of the Qualification Envelope, should be no larger than 20 Mb.

9.4. Volume 2. The Supplier’s quotation and Contract Data Part 2 listed in Section 3 of Annex A, which must be submitted as part of the Technical Envelope, should be no larger than 20 Mb.

2.1.4 If your RFP submission is successful, you must be able to provide a complete and unedited electronic version of your bid in a format suitable for publication on a public website (not PDF) within 20 days of acceptance.

3. QUOTATION PROCEDURE - LOT GROUP B

10. General Instructions

3.1.1 A brief is made available to the Suppliers in the ‘RFP Lot Group B, Volume 3, Additional Service Information’, and includes:

 A description of the Services required.  The timescale in which the Service is to be carried out.  Deliverables.  Any additional requirements.

10.1.The Supplier responds within the period specified by the Contracting Body in the Programme at 1.7 by completing the information and submitting the documents requested. The Supplier’s proposal is to include the following information:

 The Additional Contract Data for the proposed Work Package in the form set out in RFP Lot Group B, Volume 2, Additional Contract Data, Part Two.  A statement demonstrating the Supplier’s capability and capacity to provide the Services,  A methodology statement for the proposed Work Package, including a programme for the work, risk register, key staff schedule and details of the resources proposed.  The prices for each activity on the activity schedule for the Work Package.  If the submitted proposals for construction do not comply with the submission requirements then the RFP will normally be rejected.

3.1.2 The qualification data, including capability & capacity and methodology, must not exceed [10] sides of A4 paper, plus 1 side of A3 paper for the programme

3.1.3 Suppliers may use A3 in lieu of A4, but each A3 sheet will be counted as two A4 sheets. Text must be presented in “Arial” font and be no smaller than 11 point, single-spaced with the margins set at 2.5cm. The page limit and font size relate to the entire submission, except that Arial 8 point may be used for drawings, diagrams and flow charts.

3.1.4 All pages must be numbered. Page numbers and other header or footer information may be included in the margin space.

11. Capability & Capacity

11.1. Suppliers are to provide a statement demonstrating the Supplier’s capability and capacity to undertake the work.

3.3. Methodology & Risk

5.1 Suppliers are to provide a methodology statement for the proposed Work Package, including a programme for the work, risk register, key staff schedule and details of the resources proposed. 5.2 The risk register must identify the key risks, and describe, for each entry the action to be taken by the Supplier to manage such risks. The description must include how allowances for each risk have been made in the proposal. Following award, the successful Suppliers’ risk register may be treated as the first risk register under the contract. A form for the risk register is included in ‘RFP Lot Group B, Volume 3, Additional Service Information’.

12. Prices

3.3.1. The financial information in the submission uses the forms set out in Annex C, and should be no greater than the agreed ceiling rates of the framework.

 ASSESSMENT PROCEDURE

4.1 Capacity & Capability

4.1.1 The Supplier’s capacity and capability are assessed using the assessment criteria in Table 1 in Annex D. If the capacity and capability is found not to be acceptable the Supplier will be excluded from the RFP procedure.

4.1.2 Capacity - Resources required to complete the Work Package will be assessed against the overall capacity of the Supplier.

The assessment will reflect resources deployed on other work packages within the framework and on other contracts and frameworks with the HA and other employers.

Suppliers must provide adequate assurances that adequate resource levels can be maintained throughout the course of the work package.

4.1.3 Capability - Specific resources identified as being critical to the completion of the Work Package must be available when required.

The assessment will reflect resources deployed on other Work Packages within the framework and on other contracts and frameworks with the HA and other Employers.

Suppliers must provide adequate assurances that specific resources will be available when required throughout the course of the Work Package.

4.2 Methodology

4.2.1 A quality panel assesses the methodology statement and determines the acceptability of the proposals using the assessment criteria given in Annex D Table 2. The quality panel may seek clarification during the marking process to remove any uncertainty over the meaning of a proposal. If a Supplier’s submission is found to be not acceptable, the Supplier may be excluded from further consideration. The Supplier with the lowest price submitted who has not been excluded will be validated.

4.2.2 The quality panel will review the material submitted by the lowest price, non- excluded Supplier to verify the compatibility of the material in the quality and financial submissions. The quality panel may seek further clarification to enable them to understand the submission better. Failure to provide satisfactory evidence to support any part of this aspect of the submission may result in the submission being

rejected and the next lowest price, non-excluded Supplier being considered.

4.3 Prices

4.3.1 The submission proposed to be accepted is the Supplier with the lowest price.

1. Notification of Result of Secondary Competition

1.1. When satisfied that the correct procedures have been followed the Contracting Body submits its recommendation for award to the Framework Board for endorsement.

1.2. If a submission is endorsed by the Framework Board, the Contracting Body will issue a Work Package Order to the Supplier selected to provide the Services set out in the Work Package. All Suppliers will be notified of the award of the Work Package Order.

1.3. The Contracting Body reserves the right not to proceed with any proposal made in response to an invitation.

4.4 Mandatory Standstill Period

1.4. There is a requirement under the Public Contract Regulations 2006 (as amended) for a mandatory minimum period of 10 days (the Standstill or ‘Alcatel’ Period) between communicating the contract award decision, to all bidders and actually concluding the contract (i.e. confirming the award and thus, proceeding with the purchase).

1.5. The Mandatory Standstill (“Alcatel”) waiting period does not specifically apply to the award of a contract under a framework. However, the Highways Agency deems it good practice whenever practicable to apply a waiting period between notifying an RFP award decision and entering into the contract.

1.6. A standstill period of 10 calendar days will / will not delete as agreed with HA Procurement Officer be applied on this Work Package.

 ANNEXES

Annex A - Documents

1) List of documents included with the Request for Proposal

(This document) - Volume 1 Instructions for Secondary Competition Volume 2 Additional Contract Data Volume 3 Additional Service Information

Insert other documents as appropriate

2) List of documents to be returned within Volume 1 the Qualification envelope

Capability and Capacity Methodology Programme or programme commentary when appropriate (A3 or two sides of A4 are not included against overall page count) Key Staff Schedule (CVs should be provided but are not included against page count) Risk Register (is not included against page count)

3) List of documents to be returned within Volume 2 the Technical envelope

Quotation (Pricing Submission Rate Calculator, BoQ or Short Schedule) Contract Data Part 2

Annex B - RFP Query Form

RFP queries are to be issued in electronic form on the proforma below and submitted via the e-sourcing portal https://highways.bravosolution.co.uk for the Insert Name of Scheme. All details are to be included on this form, and no further attachments are to be sent.

A separate sheet should be used for each query.

RFP QUERY FORM

Your Enquiry Reference:

Supplier:

Query:

(Single query per sheet) Issued by: Date:

ANNEX C - Pricing Submission (see attached example that can be amended as appropriate by the Contracting Body)

Pricing Schedule Rate Calculator

Lot B Pavement Cat Man Rate Calculator (Supplier).xls

Annex D - Assessment of the Proposals for Supply of Services

Table 1 - Capacity and capability

Does the Supplier have sufficient resources available (when required) for the proposed Work Package and do the people have the required training, skill and experience?

The available resources are considered be insufficient Not or the people have unsatisfactory levels of training, Acceptable skill or experience There is insufficient capacity to provide the work to the required programme Resources are adequate and people having an Acceptable adequate level of training, skill and experience are available

This is a barrier question and must achieve a pass in order for the RFP to be assessed.

Table 2 – Methodology

 Does the methodology statement show that the way the Supplier intends to carry out the work complies with the Contracting Body’s specified requirements and deals adequately with the work specific risks?  Does the programme illustrate that the Supplier can carry out the work within the proposed time constraints?  Does the programme cover the tasks/activities required for the work?  Has the risk register identified the main risks to achieving the Contracting Body’s requirements for the work, and have the method statements and programme included appropriate allowances for the risks?  Have adequate and competent resources been allocated to complete the work to the required quality and proposed timescale?

This is a barrier question and must achieve a pass in order for the RFP to be assessed. A failure on any one criteria will count as a failure overall.