Directive 2014/24/EU - Public Sector Directive
Section I: Contracting Change
I.1) Name and addresses
The Office of the Scottish Road Works Commissioner
E Spur 10 Saughton House, Broomhouse Drive
Contact person: Alison Duff
Telephone: +44 1412420230
Main address: http://www.roadworksscotland.gov.uk/
Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA13382
The procurement documents are available for unrestricted and full direct access, free of charge at:
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Section II: Object
II.1) Scope of the procurement
Provision of A Scottish Road Works Register
Reference number: SRWR/01/2018
II.1.2) Main CPV code
II.1.3) Type of contract
II.1.4) Short description
The Scottish Road Works Commissioner (SRWC) requires the Design, Construction, Implementation, Improvement, Hosting and Maintenance of a Scottish Road Works Register which is capable of supporting all the mandatory notification requirements of the New Roads and Street Works Act 1991 (as amended by the Transport (Scotland) Act 2005), and its related Codes of Practice.
The Operator will supply, operate and develop an electronic notification system capable of handling all the operations of Scotland's centralised Register together with the operation of a Dial before you Dig system. The Dial before you Dig system provides a protection system for owners of underground services, including but not limited to utilities and roads authorities.
II.1.5) Estimated total value
Value excluding VAT: 5 600 000.00 GBP
II.1.6) Information about lots
This contract is divided into lots:
II.2.2) Additional CPV code(s)
II.2.3) Place of performance
Main site or place of performance:
II.2.4) Description of the procurement
The Scottish Road Works Commissioner is seeking to appoint a service provider to deliver Software as a Service (SaaS) for the Design, Construction, Implementation, Improvement, Hosting and Maintenance of the Scottish Road Word Register (hereinafter referred to as “the Register”), such services include, but are not restricted to, project management, implementation, integration and training resources. Scotland has operated such a national register of road works since 1991. The last procurement process for such a Register was undertaken in 2009 (OJEU Ref: 2009/S 29-042545).
Full details of the services required are contained within the procurement documents, however a high level summary of requirements are as follows:
The Register shall:
-Act as a Road Works Co-ordination Tool, identifying conflicts, opportunities etc,
-Share transactions based on each organisations “Areas of Interest”,
-Validate all data input,
-Allow recording of responses and relevant actions to transactions,
-Provide comprehensive search facilities, allowing the retrieval, viewing and export of all transactions,
-Manage organisations “To Do Lists”,
-Keep comprehensive audit trail of all transactions and actions,
-Be accessible to all authorised users and to members of the public via the internet.
The tender is designed to provide the Scottish Road Works Community with a Register of works (the Register) and ancillary services (such as the Dial before you Dig service and Helpdesk functions).
The Register provides a means to plan and exchange notices of works, plan and record details of inspections carried out, record details of reinstatements completed and exchange information on the location of underground apparatus with an overall aim to aid in the co-ordination of road works and reduce disruption to the travelling public. It is the repository for the whole life record of works carried out in the road network under the Roads (Scotland) Act 1984 and the New Roads and Street Works Act 1991 (NRSWA) (as amended by the Transport (Scotland) Act 2005). The Commissioner analyses the information recorded to gauge roads authority and undertakers compliance with the act and related best practice guidance.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60
II.2.6) Estimated value
Value excluding VAT: 5 600 000.00 GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: Yes
Description of renewals:
The initial contract period will be 48 months with the option to extend for up to 3 further 12 month periods.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
II.2.11) Information about options
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
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 III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
III.1.2) Economic and financial standing
List and brief description of selection criteria:
Please refer to these statements when completing Section 4B of the ESPD (Scotland).
Statement for 4B
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 Question Ref. 4B.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; along with appropriate sets of accounts
(b) in response to 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 Question Ref. 4B.5 confirm they already have or can commit to obtain, prior to commencement of the contract the required levels of insurance.
Minimum level(s) of standards required:
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 Question Ref. 4B.4 of the ESPD 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
7. Annual Contract Value to Turnover
8. Filed Accounts
9. Audit Report
Further detail son the evaluation methodology for the above criteria are included in the document entitled "Economic and Financial Standing Evaluation Criteria and Ratios" accompanying this ESPD.
The individual scores shall be weighted for Year 1 and Year 2, with the most recent financial statements to be weighted at 67% with year two being weighted at 33%, 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 is appended to this Contract Notice.
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 of Economic Operators on that basis.
In the event that any bidder does not meet the financial criteria for consideration but has a parent company that does, the bidder may still be eligible for consideration where their Tender Submission is supported by a Parent Company Guarantee.
It is a requirement of this contract that bidders hold, or can commit to obtain prior to the commence of any subsequently awarded contract, the types and levels of insurance indicated below:
Question 4B.5.1 Employer's (Compulsory) Liability Insurance -in accordance with any legal requirement from time to time in force.
Question 4B.5.2 Public Liability Insurance – in the sum of 5 Million GDP for anyone incident and unlimited in total.
Question 4B.5.2 Professional Indemnity Insurance – in the sum of not less than 2 Million GDP for any one incident and unlimited in total.
III.1.3) Technical and professional ability
List and brief description of selection criteria:
Please refer to these statements when completing section 4C and 4D of the ESPD (Scotland)
Minimum level(s) of standards required:
4C.1.2 - The bidder will be required to provide relevant examples to demonstrate their experience and knowledge to deliver the services as
described in the OJEU Contract Notice II.2.4
4D.1 - The Contractor will be required to hold and maintain a standard of quality assurance, including, certification to ISO 9001 or equivalent standards, relevant to the delivery of this Contract.
4D.1 - The Contractor will be required to hold and maintain a Standard of Information and Security Management ISO27001 or equivalent standards, relevant to the delivery of this Contract.
III.2) Conditions related to the contract
Section IV: Procedure
IV.1.1) Type of procedure
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Tender must be valid until:
IV.2.7) Conditions for opening of tenders
Local time: 12:00
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
Estimated timing for further notices to be published:
Approximately 12-18 months prior to the end of the Contract Term of any subsequently awarded contract.
VI.3) Additional information
Question scoring methodology for ESPD Selection Criteria.
Part IV: ‘Selection Criteria’ of the ESPD shall be scored on a pass/fail basis with the exception of Question ref 4C.1.2 which will be scored within the ‘Evaluation Criteria for Selection Stage’ shown further below:
Questions in this ESPD are not weighted.
If any question subject to ‘pass/fail’ scoring be scored ‘fail’ the entire bid may be set aside and taken no further in the competition.
If Question ref 4C.1.2, which shall be subject to the ‘Evaluation Criteria for Selection Stage’ is marked below ‘2 – Acceptable’ the bid may be set aside and taken no further in the competition.
Evaluation Criteria for Selection Criteria Question reference 4C.1.2 :
0 – Unacceptable - Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion.
1 – Poor - 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 / capacity / capability.
2 – Acceptable- 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.
3 – Good - 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.
4 – Excellent - 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.
Award Criteria Questions can be found in the ITT together with the weightings.
Award scoring methodology is fully detailed in the Instructions to Tenderers Appendix A
For all award questions in Sections 1, 2 and 3 of the technical submission there is a pass/fail minimum requirement where Tenderers must score “2” or above. Only tenderers who achieve this threshold for all scored questions with a pass/fail minimum requirement will proceed to the price analysis.
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=484731.
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:
A Community Benefits (CB) clause has not been included within the ITT documents as a clause is considered not to be relative and/or proportionate to the nature of the service to be required. However the award questionnaire contained in the ITT does include a CB question which will not be scored but any community benefits identified will be pursued through the contract management process
Download the ESPD document here: http://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=484731
VI.4) Procedures for review
VI.4.1) Review body
The Scottish Road Works Commissioner,
E Spur, Saughton House, Broomhouse Drive
Telephone: +44 1312420230
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
Economic operators who submit a tender shall be notified of the outcome of the procurement process, such notification will contain among other information, a summary of the reasons why the economic operator was unsuccessful. The notification will incorporate a ‘standstill period’ of a minimum of 10 clear calendar days (or a minimum of 15 if the communication method used is not electronic) before conclusion of contracts. The bringing of court proceedings during the standstill period will automatically continue the prohibition on entering into the contract until court proceedings are determined, discounted or disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the courts before the contract has been entered include the setting aside of the decision to award the contract to the winning tenderer. The bringing of court proceedings against the Contracting Authority after the contract has been entered into will not affect the contract unless grounds for the imposition of special penalties under the Public Contract (Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the contract has been entered into are limited to the award of damages. Economic operators are entitled to write to the Contracting Authority after receipt of the notification should they require further clarification. The Contracting Authority will respond within 15 days of such a written request, but it should be noted that receipt by the Contracting Authority of such request during the standstill period may not prevent the Contracting Authority from awarding the contract following the expiry of the standstill period. An economic operator that suffers or risks suffering loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or Court of Session.
VI.5) Date of dispatch of this notice