Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Transport Scotland
Buchanan House, 58 Port Dundas Road
Glasgow
G4 0HF
UK
Contact person: John Docherty
Telephone: +44 1412727100
E-mail: john.docherty@transport.gov.scot
NUTS: UKM82
Internet address(es)
Main address: http://www.transport.gov.scot
Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00099
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.4) Type of the contracting authority
National or federal agency/office
I.5) Main activity
Other: transport
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Multiple Supplier Framework Agreement for Claims Advice, Quantification and Cost Estimation Services
Reference number: Lot 1: TS/MTRIPS/SER/2018/09 Lot 2: TS/MTRIPS/SER/2018/10
II.1.2) Main CPV code
71311210
II.1.3) Type of contract
Services
II.1.4) Short description
Transport Scotland, an agency of Scottish Government, contracts in the name of and on behalf of the Scottish Ministers. It has identified a requirement to appoint suitably experienced and qualified economic operators (consultants) to provide specialist advice and services relative to its trunk road projects.
It has been concluded that this requirement would be best met with a multi-supplier framework agreement over a 4-year period, whereby works of varied size, value and complexity can be individually called-off as required.
To accommodate the various work types, the framework will be divided into two lots:
— Lot 1: Services Relating to Dispute/Claims Advice;
— Lot 2: Services Relating to Quantification and Cost Estimation Services.
The framework agreement shall be procured through a competitive tender procedure in accordance with the restricted procedure as detailed in the Public Contracts (Scotland) Regulations 2015
Further information on Transport Scotland is accessed at: www.transport.gov.scot
II.1.6) Information about lots
This contract is divided into lots:
Yes
II.1.7) Total value of the procurement
Value excluding VAT:
3 000 000.00
GBP
II.2) Description
Lot No: 1
II.2.1) Title
Dispute / claims advice services
II.2.2) Additional CPV code(s)
71310000
71311000
71311100
II.2.3) Place of performance
NUTS code:
UKM
Main site or place of performance:
Scotland wide, Glasgow.
II.2.4) Description of the procurement
Transport Scotland on behalf of the Scottish Ministers wish to progress a procurement competition to obtain the services of suitably qualified and experienced consultants, capable of providing specialist dispute and claims advice services to support dispute/claim resolution during scheme development and/or construction stages.
Transport Scotland has identified a need for dispute and claims advice to support the delivery teams of our transport related contracts. Due to the complexity and length (in some cases up to 30 years) of some contract forms procured and managed within Transport Scotland, there is a high risk to Scottish Ministers that disputes leading to claims may have long term implications, significant impact on budgets and potentially reputational threat.
Services under this lot 1 are likely to involve:
— provision of advice on issues that may materialise into a claim situation,
— ad-hoc advice services on disputes,
— assessment of validity of disputes/claims,
— recommendations on resolution options, strategies, tactics and solutions,
— assessment of potential liability for claims,
— technical support, advice and resource during adjudication proceedings,
— provide technical support, advice and resource during legal proceedings,
— preparation of reports as necessary to support the preparation for and the legal/ dispute resolution processes,
— liaison with other parties (including other consultants and Legal Counsel) involved in the processes as necessary,
— critical assessment of claims quantification to establish appropriateness, factual basis etc. as may be appropriate,
— forensic planning services (establish delay and quantum of),
— review and provide recommendation relating to valuation, delay, disruption, loss and expense type claims,
— expert report writing and evidence preparation services,
— expert witness services.
It is envisaged that the services can be provided remotely at the organisations offices with attendance required on an ad-hoc basis at Transport Scotland’s offices. However, on occasion, the provider may be required to undertake the following duties:
(i) attend the offices, construction sites or other location within the UK as and when required;
(ii) attend meetings at Transport Scotland’s main office in Buchanan House, Glasgow or site offices as required;
(iii) liaison with other Transport Scotland advisers/consultants/contractors as required.
The framework participants 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.
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).
II.2.5) Award criteria
Quality criterion: Approach to execution of the services; management of complex claims, risk management systems and policies, technical processes, staff/resources. Further information included in the tender documents
/ Weighting: 70
Cost criterion: Final tenders will be assessed against evaluation criteria to determine the most economically advantageous submission. Further information will be included in the tender documents
/ Weighting: 30
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
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.
Lot No: 2
II.2.1) Title
Quantification and Cost and Estimation Services
II.2.2) Additional CPV code(s)
71242000
71244000
71310000
71311000
71311100
71246000
71322100
71324000
II.2.3) Place of performance
NUTS code:
UKM
Main site or place of performance:
Scotland wide, Glasgow.
II.2.4) Description of the procurement
Transport Scotland on behalf of the Scottish Ministers wish to progress a procurement competition to obtain services for suitably qualified and experienced quantity surveyors capable of providing estimating, quantification and other services relating to Transport Scotland's trunk road schemes.
Specialist advice from quantity surveying professionals will provide greater confidence in estimating works and provide greater certainty in budget planning. It will also support improvements in value for money objectives through our procurement and construction management procedures, providing additional rigor to our current processes. This service will also support the evaluation of claim substantiations and reduce risk to procurement exercises, ensuring accurate estimation for tender returns and budgeting purposes as well as providing a defendable basis on which to challenge contractors and/designers.
The services for lot 2 are likely to include the following:
(i) technical review cost estimates produced by third parties for Transport Scotland to establish the degree of accuracy, appropriateness and confidence to support decisions making processes;
(ii) provide accurate cost estimates for the construction and/or design of transport related projects with programme values ranging up to GBP 2.3 billion (this may include provision of cost estimates for specific elements/portions of larger construction projects);
(iii) provide accurate cost estimates for the maintenance activities associated with transport related projects;
(iv) advise on cost of alternative design and construction issues;
(v) preparation and pricing of bills of quantities or other pricing documents for inclusion within tender documentation or for use as a benchmarking exercise;
(vi) provide suitable benchmark for assessing tender returns;
(vii) advise on or evaluate the cost and contractual consequences arising from an acceleration instruction;
(viii) advise and provide recommendation on the Contractor’s entitlement to loss and expense.
It is envisaged that the services can be provided remotely at the organisations offices with attendance required on an ad-hoc basis at Transport Scotland’s offices. However, on occasion, the provider may be required to undertake the following duties:
(i) attend the offices, construction sites or other location within the UK as and when required;
(ii) attend meetings at Transport Scotland’s main office in Buchanan House, Glasgow or site offices as required;
(iii) liaison with other Transport Scotland advisers/consultants/contractors as required.
The framework participants 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.
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).
II.2.5) Award criteria
Quality criterion: The tenderers approach to execution of the services; management procedures, quality systems and policies, personnel. Further information will be included in the tender documents
/ Weighting: 40
Cost criterion: Final tenders will be assessed against evaluation criteria to determine the most economically advantageous submission. Further information will be included in the tender documents
/ Weighting: 60
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
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.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Restricted procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2018/S 059-130401
Section V: Award of contract
Lot No: 1
Title: Dispute/Claims Advice Services
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
24/10/2019
V.2.2) Information about tenders
Number of tenders received: 5
Number of tenders received from SMEs: 2
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor
Turner and Townsend
180 St Vincent Street
Glasgow
G2 5SG
UK
Telephone: +44 7799658409
NUTS: UKM8
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Jacobs
95 Bothwell Street, Glasgow
Glasgow
G2 7HX
UK
Telephone: +44 1412438158
Fax: +44 1412263109
NUTS: UKM
The contractor is an SME:
No
V.2.3) Name and address of the contractor
George Corderoy and Co.
4100 Park Approach, Thorpe Park
Leeds
LS15 8GB
UK
Telephone: +44 7801336388
NUTS: UK
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot:
Total value of the contract/lot:
: 2 000 000.00
GBP
V.2.5) Information about subcontracting
Section V: Award of contract
Lot No: 2
Title: Quantification and Cost and Estimation Services
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
17/03/2020
V.2.2) Information about tenders
Number of tenders received: 5
Number of tenders received from SMEs: 2
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor
Turner and Townsend
180 St Vincent Street
Glasgow
G2 5SG
UK
Telephone: +44 7799658409
NUTS: UKM
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Ms
Benchmark Estimating Ltd, Rodwell Tower, 111 Piccadilly
Manchester
M1 2HY
UK
Telephone: +44 1612371155
NUTS: UKM
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
capital value and risk Ltd
the llanerchs
UK
Telephone: +44 7973773124
NUTS: UKM
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Jacobs U.K. Ltd
95 Bothwell Street
Glasgow
G2 7HX
UK
Telephone: +44 1412438560
NUTS: UKM
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot:
Total value of the contract/lot:
: 1 000 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The max total number of participants to the framework agreement is six, a max three participants per lot.
The method of calling-off individual contract(s) under each lot of the framework via the issue of task order(s) is identified in the framework documents.
The framework terms and conditions are based on NEC4 framework, and the call-off contract terms and conditions will be based on NEC4 Professional services short form of contract.
(SC Ref:630243)
VI.4) Procedures for review
VI.4.1) Review body
Glasgow Sheriff Court
Glasgow
UK
Internet address(es)
URL: https://www.scotcourts.gov.uk/the-courts/court-locations/glasgow-sheriff-court-and-justice-of-the-peace-court
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
An economic operator that suffers or risks suffering, loss or damage attributed to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session.
VI.5) Date of dispatch of this notice
10/09/2020