Procurement description
Wirral Borough Council (the "Council") as the Contracting Authority in partnership with Procure Partnerships intends to let a Closed North West Contractor Framework (the "Framework"). The Framework will have a maximum duration of four years and may be used to award contracts for the Council's pipeline of works and will be accessible by North West Public Sector Bodies / Contracting Authorities.
The Framework consists of Thirteen Lots broadly categorised as Construction Lots (Lots 1-6) / Infrastructure Lots (Lots 7-12) / Demolition Lot (Lot 13). The Council aims to appoint Ten Contractors to each Framework Lot, except for Lot 13 Demolition which will have one single contractor. Lots 1 - 12 will be accessible by Public Sector Bodies / Contracting Authorities in the North West Region UKD). Lot 13 will be accessible by Public Sector Bodies / Contracting Authorities in the Merseyside Region UKD7.
Where there are ten suitable applicants, the highest scoring ten Contractors for each Lot will be awarded a place on that Framework Lot, and will be ranked from one to ten: the highest scoring Contractor becoming the Rank 1 Contractor, the second highest becoming the Rank 2 Contractor etc. Should a Contractor decline to accept their offered place on the Framework, then a place may be offered to the next highest scoring Contractor (i.e., who may have come eleventh).
The Council will also offer one reserve place to Lot 13 Demolition. The Reserve Contractor will be the Tenderer which ranked second. The Reserve Contractor may be brought on to the Framework at any stage during its term where the Council permanently excludes or terminates the Framework Agreement with a Contractor (having won a place on the Framework) for poor performance or otherwise (e.g., insolvency) as provided for in the Framework Agreement. The Reserve Contractor may be brought onto the Framework if the Rank 1 Contractor declines an opportunity from an End User for any reason.
The intended number of ten Contractors per Lot may be varied:
The maximum number of Contractors awarded a place on each Lot may increase only where two or more suppliers have tied scores, and are jointly placed in the last position (tenth) in respect of each Lot. In such a case, the Contractors who are tied with the same score in the last position for each Lot shall be deemed to be one Contractor for the purpose of calculating the maximum number of Contractors for each Lot. The Council will award a Framework Agreement to additional Contractors where their final score is within 0.01 - 1.00% of the awarded last place position only. For the avoidance of doubt, last position for each lot is tenth position. Only one contractor will be awarded a place on Lot 13 Demolition. One reserve place will be allocated to Lot 13.
Where two or more Contractors have tied scores and are in any position except for the last (tenth) position for each Lot, the number of Contractors will fill the positions immediately following the position that they have tied for. For example, where two Contractors are tied in the sixth position, they will occupy the sixth and seventh positions. For example; where three Contractors are tied in the sixth position, they will occupy that sixth position as well as the seventh and eighth position respectively for the purpose of calculating the maximum number of Contractors in respect of the Lot in question. If less than ten Contractors meet the selection criteria to get on each Framework Lot, the Council reserves the right to proceed to establish the Framework with less than ten Contractors on each Lot or to cancel the procurement of that Lot.
Further where a Contractor's total score (based on the technical and commercial award criteria) for a Lot ranks them within the top ten Contractors but is under 50%, then on the basis that the Council does not wish to compromise on the calibre of appointed Contractors, the Council reserves the right not to offer them a place on the Framework, and to proceed to award that Lot to less than ten Contractors.
Pursuant to Section 51 of the Procurement Act 2023, the Council must allow a minimum of eight working days, starting the day this contract award notice is published and the award of the Framework Agreements.