CONTRACT NOTICE – OFFICIAL JOURNAL

Section I: Contracting Authority

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

II.1.2(a))

Type of works contract

Execution		Design and execution
Execution, by whatever means

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

The site(s) must be located within the Borough of Corby.

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

Estimated total value of purchases for the entire duration of the framework agreement

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

Corby Borough Council has funding from its own resources and from the Homes and Communities Agency (HCA) under their Affordable Housing Programme 2015-18, to deliver 50 new council homes for affordable rent. The deadline for completion of the works is 15.12.2017.

As the Council does not currently have any suitable sites to deliver a development of this size within the permitted time scales, an OJEU Prior Information Notice was posted last summer to test the market within the Borough.

The authority now wishes to contract with a land owning residential developer to deliver a mixed tenure site (or a collection of smaller sites) within the borough, suitable for council homes and this Single-Stage Fixed Lump Sum Tender has been prepared in response to representations received.

Combined with the authority's own capital budget allocation of 5 750 000 GBP, the HCA Funding of 1 500 000 GBP gives an overall Scheme Budget of 7 250 000 GBP to deliver these homes, as per the HCA Funding Agreement and the specification in this tender. The Council will retain 200 000 GBP to cover internal fees, leaving 7 050 000 GBP for the housing specified in this tender.

The HCA Funding Agreement requires that these 50 new affordable homes are exempt from any Section 106 Planning Contributions and as such, the developer will need to establish the implications of this within their overall development.

Given the lack of Stamp Duty Land Tax (due to partial government funding) the authority would be willing to either:

A) Purchase the land (subject to terms and planning permission) and appoint the developer under a design and build contract to build the Scheme; or

B) Enter into a developer agreement to bulk purchase the completed freehold dwellings that have been designed and built to order for CBC by the developer, including by agreement, any associated communal land / facilities.

The Developer should make their preference known within their tender submission.

Bidders should consult the tender documents which contain full details of the requirements and of the arrangements surrounding this procurement.

The following is extracted from the specification, the whole of which is an integral part of this Notice.

The Scheme shall comprise of the design and construction of the whole of the Works, being:

— 24 No 2 Bed, 4 Person (2B4P) houses;

— 26 No 2 Bed, 4 Person (2B4P) bungalows.

All as per the tender specification and any referenced documents / drawings.

The bungalows shall be grouped in ‘clusters’ of at least 4 to reinforce their status as sheltered accommodation.

The Scheme shall also include all associated plot work, including: gardens, patios, paths, fences, sheds, bin stores, landscaping, water butts, drying facilities and the like and all Works to communal areas, including: access roads, parking areas, street lighting, estate paths, open spaces, hard-standings, soft landscaping, etc.

The services provided by the developer within their tender price shall include (although not necessarily be limited to) the following:

— Developer's legal and conveyancing costs;

— All surveys, ground investigations and expert reports;

— Diversion, disconnection and / or protection of existing services;

— Asbestos removal, demolition, site clearance and disposal of waste;

— Site remediation;

— Stopping-up Orders and The Party Wall Act 1996;

— Design, including architectural, civil and structural engineering, building services and landscaping;

— Obtain all statutory consents including full Planning Permission and Building Control Approval and the discharge of all associated Conditions;

— The design, erection, use and dismantling of all temporary works;

— Construction of the Works;

— Provision of new Services, including all: permissions, agreements, fees, charges, works, costs and bonds required to service these dwellings (and where applicable communal areas) with mains, water, electric, gas, telecommunications, digital television and the discharge of storm water and foul sewerage into adopted sewers, including construction to an adoptable standard and the connection to / adoption of sewers as required;

— Provision of Highway, including all permissions, agreements, fees, charges, works, costs and bonds required to appropriately ‘link’ the development with the adopted highway for vehicular and pedestrian access, including construction to an adoptable standard and the alteration / adoption of highway as required;

— Handover to CBC their dwellings for beneficial occupation, upon Completion (or Sectional Completion by agreement) on or prior to the 15.12.2017;

— Provide all statutory documentation relating to the development and all further documentation required by the tender specification;

— Maintenance of communal landscaping for 12 months from Completion;

— The Rectification of Patent Defects for 12 months from Completion and Latent Defects for 12 years under Deed Design standards and other relevant matters are set out in the tender specification.

Tender documents can be downloaded from: https://www.gov.uk/contracts-finder

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or limit for completion

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

A parent company guarantee or a performance bond is required. Collateral warranties from the designers may be required. See the specification for details of guarantees and warranties.

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

The contract and any payment shall be conditional on obtaining full Planning Permission. 1,5 % retention shall be retained for the duration of a 12 months Defects Rectification Period. Refer to the specification for details of the financing and payment arrangements.

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

It is intended to appoint a single contractor to undertake the works as main contractor. The main contractor will be fully responsible for any subcontractors in every respect pertaining to the project.

III.1.4)

Other particular conditions to which the performance of the contract is subject

Completion of all the housing / bungalows by 15.12.2017 is of the essence of the contract.

III.2)

Conditions for Participation

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Tenders will be excluded if any of the mandatory exclusions applies, and may be excluded if any of the discretionary exclusions applies.

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

Section IV: Procedure

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate

Objective criteria for choosing the limited number of candidates

IV.1.3)

Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)

Language or languages in which tenders or requests to participate can be drawn up

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender 

IV.3.8)

Conditions for opening tenders

Section VI: Other Information

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

VI.3)

Additional Information

Bidders must read all the documentation supplied. The Specification document includes key elements required by the Council in any subsequent contract.

Tenders must be returned in hard copy according to the tender instructions. Email returns will not be considered.

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

Corby Borough Council will incorporate a minimum 10 day standstill period at the point of notification of the decision to award the contract. The decision notice, to each of the unsuccessful bidders, will incorporate the award criteria, the reasons for the decision, the reasons (if any) why a tenderer did not meet any specification, the identity of the successful tenderer and a precise statement of when the standstill period is expected to end. Any challenge or appeal against the award decision must be communicated to the address stated in I.1) above within the standstill period. If an appeal or challenge to award the contract has not been successfully resolved the Public Contracts Regulations 2015 provide for aggrieved parties to take action in the High Court. Any such action must be brought promptly (generally within 3 months, although this period may be reduced to 30 days in certain circumstances). Where a legal challenge is launched the Contracting Authority would be obliged to suspend the making of a contract. Where a legal challenge is made after the contract has been entered into then that contract could be declared ineffective and / or shortened and / or a fine imposed by the Court.

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Dispatch date of this Notice