Havant Thicket Winter Storage Reservoir Project Principal Designer Contract and Design Services Framework

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Havant Thicket Winter Storage Reservoir Project Principal Designer Contract and Design Services Framework

This represents a flagship project to design the first new strategic water resource in the South East for decades. Construction work is anticipated to start on the winter storage reservoir at Havant Thicket (the “Project”) in 2024, for completion by 2029. The Project is socially, economically and environmentally significant and valued at 106m GBP. It is the product of collaborative regional water planning and forms a key step in increasing water resilience in the South East.

This Contract Notice relates to the appointment of a Principal Designer for the Project and the establishment of a framework agreement for wider design services.

Further information about this procurement and how to express interest can be found at II.2.4) Description of the procurement.

Havant

The Principal Designer contract (the “Contract”) will be in two parts: Phase 1 (outline design) and Phase 2 (detailed design). It is envisaged that Phase 1 services will be remunerated by reference to a schedule of rates and some element of a fixed price, and Phase 2 services by reference to a schedule of rates. The Contract is estimated to be worth between 9-14m GBP, but no guarantee is given that Phase 2 will be instructed, whether to the successful Principal Designer or to any other contractor. The value of the first phase of the Contract (outline design in 2019) is expected to be 2-3m GBP. The scope may include

1) Health and Safety and CDM;

2) Engineering and Architectural design;

3) Procurement Support;

4) Site Investigation Scoping, Interpretation and Reporting;

5) Environmental Impact Assessment;

6) Planning Advice and Consultancy;

7) Supervisor services.

The most economically advantageous Tenderer as defined in the ITN will be awarded the Contract.

In addition, it is envisaged that the highest scoring three Tenderers (including the successful Tenderer) will be admitted to a framework agreement from which other design services required for the Project (for example Employer’s Agent) and also general smaller scale design services of the same nature as set out in the scope may be called off from time to time by Portsmouth Water Limited (“Portsmouth Water”) for a maximum period of eight (8) years (the “Framework Agreement”). These calls off may be in connection with the Project or Portsmouth Water’s business as usual activities. No guarantee is given that any such call-offs will be made and the framework will not be exclusive. The total value of the Framework Agreement, if call-offs are made, is unlikely to exceed 3m GBP. Portsmouth Water may (but shall not be obliged to) increase the number of Tenderers to be admitted to the framework if there are sufficient tenderers which meet the minimum requirements to be set out in the ITT.

The estimated total value set out in II.1.5) refers to the aggregate of the upper limits of the Contract and Framework Agreement.

It is envisaged that the Contract will commence in January 2019. Portsmouth Water reserves the right to terminate the Contract at any time in accordance with the provisions for termination set out in the Contract. The dates stated in II.2.7) are approximate and are subject to change. Applicants and Tenderers shall be solely responsible for and liable for all costs associated with and arising out of or in connection with responding to this Contract Notice and any PQQ and with submitting any tender, howsoever incurred.

Portsmouth Water intends to make provision in the ITT and Contract for a clear and unequivocal variation mechanism allowing it, following Contract award, to vary elements of the Contract. The mechanism with which Portsmouth Water may undertake such variation will be stated in the Procurement Documents to be made available to Tenderers at ITT stage.

Portsmouth Water may at a later date require the Contract to be novated to the main contractor appointed to deliver the Project, and appropriate collateral warranties to be provided to Portsmouth Water and other contractors appointed to the Project, upon such novation.

Organisations should be aware that due to the nature of the services, any Contract formed as a result of this procurement process shall be executed as a deed. Organisations should seek independent legal advice on the implications of this prior to submitting their tenders, where appropriate.

Organisations wishing to participate in this procurement are invited to express their interest via email to MTVDT1JOTVpLbWpecG1gaGBpbztram1vbmhqcG9jclxvYG0pXmopcGY=, in order to access the full set of Procurement Documents. Any questions relating to this procurement must be made by email to MTNFUVRQT1xNb2xgcm9iamJrcT1tbG9xcGpscnFldF5xYm8rYGwrcmg=.

As set out in the PQQ.

Portsmouth Water reserves the right to require guarantees, collateral warranties and other forms of security as appropriate, prior to contract award. Further details and requirements will be provided in the Invitation to Tender.

The payment mechanism and performance standards applicable to the Services will be described in the Invitation to Tender.

Portsmouth Water will accept expressions of interest and Tenders from single entities or consortia. Consortia are not required to form a single legal entity at the pre-qualification stage. Portsmouth Water will consider contracting with a consortium, providing always that the participants assume joint and several liability for all of the obligations of the consortium under the Contract. Further details and requirements will be provided in the Invitation to Tender.

This procurement process is being conducted in successive stages and only those organisations which are successful and shortlisted from the first stage, i.e. pre-qualification, will be invited to submit an initial tender. Interested organisations must complete and submit a completed Pre-Qualification Questionnaire by the specified closing date and time. Submissions cannot be uploaded after this return deadline.

Other than the Pre-Qualification Pack and Pre-Qualification Questionnaire, the Procurement Documents published at the date of this Notice are in draft form, and Portsmouth Water reserves the right to amend, augment and supplement any document.

Portsmouth Water reserves the right at any time to cease the procurement process and not award a Contract or to award only part of the opportunity described in this Notice. In particular but without limitation Portsmouth Water reserves the right to abandon the framework procurement but continue with the Principal Designer procurement. If Portsmouth Water takes up this right, then it will not be responsible for or pay the expenses or losses, which may be incurred by any organisation or Tenderer as a result. Except for the Contract, if any, concluded with the successful Tenderer, nothing in the procurement process shall create a contract, whether express or implied, between Portsmouth Water and any Applicant or Tenderer.

Portsmouth Water intends to select approximately 5 Applicants to negotiate tenders. However, it reserves the right to select or negotiate with fewer if there are fewer suitable candidates or compliant bids, or more if necessary to ensure meaningful competition.

Portsmouth Water may conduct the negotiations in successive stages in order to reduce the number of Tenders to be negotiated, by applying the award criteria specified in the Procurement Documents. It reserves the right at any time to close negotiations and award the Contract.

Portsmouth Water reserves the right to require a parent company guarantee from the successful Tenderer if relevant.

Portsmouth Water undertakes to hold confidential any information provided in the proposal submitted, subject to its obligations under the law including Environmental Information Regulations and the EU General Data Protection Regulations. If the organisation considers that any of the information submitted in the proposal should not be disclosed because of its sensitivity, then this should be stated with the reason for considering it sensitive. Portsmouth Water will then endeavor to consult with the Applicant about such sensitive information when considering any request for information (e.g. under the EIR), before replying to such a request.

Portsmouth Water reserves the right to carry out additional financial checks on all organisations bidding for this opportunity at any time during the procurement process. This is to ensure that they continue to meet its requirements and remain financially viable to fulfil the requirements under the proposed Contract.

The contracting entity will incorporate a minimum 10 calendar day (when using electronic means) standstill period at the point information on the award of the Contract is communicated to tenderers. This period allows unsuccessful tenderers to challenge the decision to award a Contract before a contract is executed/signed (as appropriate). The Utilities Contracts Regulations 2016 (‘Regulations’) provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly and within the time limits as defined in the above regulations. Where a Contract has not been entered into the court may order the setting aside of the award decision or order the contracting entity to amend any document and may award damages. If the Contract has been entered into the court has the options to award damages and/or to shorten or order the Contract ineffective.