Defence Online

Type of document: Invitation to tender
Country: United Kingdom
OJEU Ref: (2020/S 123-302730/EN)
Nature of contract: Public works contract
Procedure: Restricted procedure
Type of bid required: Mixed global and partial bid

Contract notice
Works
Directive 2009/81/EC
Section I: Contracting authority
I.1) Name addresses and contact point(s):
Ministry of Defence, DIO, Defence Infrastructure Organisation (DIO)
1.2.01-1.2.17 Kentigern House, 65 Brown Street
Glasgow
Postal code: G2 8EX
United Kingdom
Contact points(s): Amy Johnson
Phone: +44 1412248299
Email: DIOComrcl-OCF@mod.gov.uk
Internet Address(es):
General address of the contracting authority:
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
I.2) Type of the contracting authority:
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3) Main activity:
Defence
I.4) Contract award on behalf of other contracting authorities/entities:
The contracting authority is purchasing on behalf of other contracting authorities: Yes
Foreign and Commonwealth Office
Commercial and Procurement Group, Foreign and Commonwealth Office, King Charles Street
London
Postal code: SW1A 2AH
United Kingdom
Department for International Development
Commercial Advisor Corporate Performance Group (CPG), Department for International Development (DFID),, Abercrombie House, Eaglesham Road
East Kilbride
Postal code: G75 8EA
United Kingdom

Section II: Object of the contract:
II.1) Description:
II.1.1) Title attributed to the contract by the contracting authority/entity: Overseas Capital Framework
II.1.2) Type of contract and location of works, place of delivery or of performance:
Works
Design and execution
Main site or location of works, place of delivery or of performance: Not specified/other.
Nuts code:
II.1.3) Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
II.1.4) Information on framework agreement
II.1.5) Short description of the specific contract:Construction work, building construction work, construction work for houses, multi-functional buildings construction work, construction work for buildings relating to leisure, sports, culture, lodging and restaurants, construction work for industrial buildings, construction work for buildings relating to water transport, construction work for buildings relating to education and research, construction work for school buildings, construction work for buildings relating to health and social services, for crematoriums and public conveniences, construction work for buildings relating to law and order or emergency services and for military buildings, construction work for military buildings and installations, construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork, construction work for airfields, runways and manoeuvring surfaces. The Overseas Capital Framework (OCF) is the proposed commercial vehicle to deliver construction and civil engineering projects and programmes across the Ministry of Defence Overseas Built Estate within agreed performance, cost and time schedules. It will support all Defence Infrastructure Organisation (DIO) overseas business areas in the delivery of capital works projects (comprising new builds and refurbishments), major and complex maintenance (‘Sustain’) and minor new works (including ‘Change’) with the requirement to provide the best Value for money (VfM) Commercial solution. The Framework will be open to other areas of MoD and other UK Government Departments and Public Bodies.This framework agreement will incorporate works at any MoD establishment Overseas, including but not limited to:— Cyprus,— Gibraltar,— South Atlantic Islands,— Kenya,— Singapore,— Belize,— Norway,— Broader Middle East,— Military Operational Theatres/Works Areas,andForeign and Commonwealth Office (FCO) Overseas Estate:The Foreign and Commonwealth Office estate is a unique and highly diverse public asset with over 4 600 properties, primarily overseas. The FCO operates in 268 overseas locations, covering 156 countries and 12 overseas territories. Approximately 13 000 staff work for the FCO, other UK Government Departments, and Partners Across Government, in premises on the overseas estate (known as the One HMG platform). A majority of these staff are accommodated in diplomatic offices, residences and staff accommodation, but maybe be located in other associated premises.AndProjects associated with the Department for International Development (DFID).Any of the DFID operating locations may require construction, infrastructure or capital works programmes to support their programmes.DFID Operating Countries— Ethiopia,— Kenya (covering Somalia),— Rwanda,— S Sudan,— Sudan,— Tanzania,— Uganda,— DRC,— Ghana,— Malawi,— Mozambique,— Nigeria,— Sierra Leone and Liberia,— Southern Africa,— Zambia,— Zimbabwe,— Afghanistan,— Pakistan,— Tajikstan (covering Kyrygyz Republic),— Bangladesh,— Burma,— China,— India,— Nepal,— Indonesia,— Caribbean (covered by UK office),— Pitcairn,— Tristan da Cunha,— St Helena (and others),— Occupied Palestinian Territories,— Yemen,— Egypt,— Jordan,— Libya,— Morocco,— Tunisia,— Syria.
II.1.6) Common procurement vocabulary (CPV): 45000000, 45210000, 45211100, 45211350, 45212000, 45213250, 45213340, 45214000, 45214200, 45215000, 45216000, 45216200, 45230000, 45235000,
II.1.7) Information about Government Procurement Agreement (GPA):
The contract is covered by the Government Procurement Agreement (GPA):
II.1.8) Lots:

II.1.9) Information about variants:
Variants will be accepted: NO
II.2) Quantity or scope of the contract:
II.2.1) Total quantity or scope:
The Defence Infrastructure Organisation (DIO) is seeking expressions of interest, via the completion of a pre-qualification questionnaire (PQQ), from potential providers (PP) for the Overseas Capital Framework (OCF) which is the proposed commercial vehicle to deliver construction and civil engineering, including design and build, projects and programmes across the MoD Overseas Built Estate and other UK Government Departments and Public Bodies.
The framework will comprise of four constructor lots, subdivided into sub-lots comprising of a range of financial value bandings. As such in total there will be 17 lots.
Lot 1: Cyprus
Will be divided into the follow sub lots
1.1) 0 – GBP 5 000 000,
1.2) GBP 5 000 001-GBP 10 000 000,
1.3) GBP 10 000 001-GBP 35 000 000,
1.4) GBP 35 000 001-GBP 75 000 001,
1.5) GBP 75 000 001 +;
Lot 2: South Atlantic Islands
Will be divided into the follow sub lots
2.1) 0-GBP 10 000 000,
2.2) GBP 10 000 001-GBP 35 000 000,
2.3) GBP 35 000 001-GBP 75 000 001,
2.4) GBP 75 000 001 +;
Lot 3: Operational Estate
Will be divided into the follow sub lots
3.1) 0-GBP 10 000 000,
3.2) £1-0,000,001-GBP 35 000 000,
3.3) GBP 35 000 001-GBP 75 000 001,
3.4) GBP 75 000 001 +.
Lot 4: Rest of the World
Will be divided into the follow sub lots
4.1) 0-GBP 10 000 000,
4.2) GBP 10 000 001-GBP 35 000 000,
4.3) GBP 35 000 001-GBP 75 000 001,
4.4) GBP 75 000 001 +.
The authority envisages a maximum of 8 providers being allocated to each sub lot.
There are no bid or win restrictions and a potential provider is able to bid for any number of the lots.
Estimated value excluding VAT:
560 000 000 GBP
II.2.2) Information about options:
Options: no
II.2.3) Information about renewals:
II.3) Duration of the contract or time limit for completion
Duration in months: 84 (from the award of the contract)

Section III: Legal, economic, financial and technical information
III.1) Conditions relating to the contract
III.1.1) Deposits and guarantees required:
Parent company guarantees will be required if applicable.
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Conditions relating to payment will be specified in the contractual documentation.
III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
If a group of economic operators submits a bid, the group must nominate a lead organisation to deal with the MOD. The MOD shall require the group to form a legal entity before entering into the contract. The information sought within the PQQ must be provided for each of the consortium’s constituent members, gathered together in a single response.
III.1.4) Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by a Security Aspects Letter, the Authority reserves the right to amend the terms of the Security Aspects Letter to reflect any changes in national law or government policy whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies or otherwise.The link below to the Gov.uk website provides information on the Government Security Classification. issued under this Framework will generally be classified Official Sensitive requiring Baseline Personal Security Standard (BPSS) or Security Check (SC) however on occasions the Authority will require Projects to be of a higher security classification were Developed Vetting (DV) may be required. For applicable projects the Authority will issue a Security Aspects Letter and may down select Suppliers on the applicable Lot through a capability exercise.
III.2) Conditions for participation
III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
The authority will apply all the offences listed in Article 39(1) of Directive 2009/81/EC (implemented as Regulation 23(1) of the Defence and Security Public Contract Regulations (DSPCR) 2011 in the UK) and all of the professional misconducts listed at Article 39(2) of Directive 2009/81/EC (see also Regulation 23(2) in the DSPCR 2011) to the decision of whether a Candidate is eligible to be invited to tender.A full list of the Regulation 23(1) and 23(2) criteria are at will be required to sign a declaration confirming whether they do or do not have any of the listed criteria as part of the pre-qualification process.Candidates who have been convicted of any of the offences under Article 39(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest (including defence and security factors) for doing so.Candidates who are guilty of any of the offences, circumstances or misconduct under Article 39(2) may be excluded from being selected to bid at the discretion of the authority.
III.2.2) Economic and financial ability
(a) Appropriate statements from the economic operator’s bankers or where appropriate, evidence of relevant professional risk indemnity insurance.(b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established.(c) Where appropriate, a statement, covering the three previous financial years of the economic operator, of:(i) the overall turnover of the business of the economic operator; and(ii) where appropriate, the turnover in respect of the work, works, goods or services which are of a similar type to the subject matter of the contract.A financial assessment will be undertaken on the supplier’s financial status. An overall pass/fail judgement will be made after considering areas such as turnover, profit, net assets, liquidity, gearing and capacity.
Minimum level(s) of standards possibly required: (a) Appropriate statements from the economic operator’s bankers or where appropriate, evidence of relevant professional risk indemnity insurance.(b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established.(c) Where appropriate, a statement, covering the three previous financial years of the economic operator, of:(i) the overall turnover of the business of the economic operator; and(ii) where appropriate, the turnover in respect of the work, works, goods or services which are of a similar type to the subject matter of the contract.A financial assessment will be undertaken on the supplier’s financial status. An overall pass/fail judgement will be made after considering areas such as turnover, profit, net assets, liquidity, gearing and capacity.A potential provider will be required to achieve a pass.
III.2.3) Technical capacity
Information and formalities necessary for evaluating if the requirements are met: (a) In the case of a supply contract requiring the siting or installation of goods, a services contract or a works contract, the economic operator’s technical ability, taking into account in particular that economic operator’s skills, efficiency, experience and reliability.(c) A statement of the principal goods sold or services provided by the supplier or the services provider in the past 5 years, or during a shorter period if necessary, and:(i) the dates on which the goods were sold or the services provided;(ii) the consideration received;(iii) the identity of the person to whom the goods were sold or the service were provided;(iv) any certificate issued or countersigned by that person confirming the details of the contract for those goods sold or services provided; and(v) where – (a) that person was not a contracting authority, and (b) the certificate referred to in sub-paragraph (c)(iv) is not available, any declaration by the economic operator attesting the details of the goods sold or services provided;(d) A statement of the technicians or technical services available to the economic operator to:(i) carry out the work under the contract; or(ii) be involved in the production of goods or the provision of services under the contract, particularly those responsible for quality control, whether or not they are independent of the economic operator;(e) A statement of the economic operator’s:(i) technical facilities;(ii) measures for ensuring quality;(iii) study and research facilities; and(iv) internal rules regarding intellectual property;(g) in the case of works contracts, services contracts or supply contracts also covering siting and installation operations or services, the economic operator’s educational and professional qualifications where the economic operator is an individual and:(i) if any, those of the economic operator’s managerial staff; and(ii) those of one or more persons who would be responsible for providing the services or carrying out the work or works under the contract;(h) The environmental management measures, that the economic operator is able to apply when performing the contract, but only where it is necessary for the performance of that contract.(j) A description of the tools, material, technical equipment, staff numbers, know-how and sources of supply (with an indication of their geographical location when it is outside the territory of the EU) available to the economic operator to perform the contract, cope with any additional needs required by the contracting authority as a result of a crisis or carry out the maintenance, modernisation or adaptation of the goods covered by the contract.(l) Certification by official quality control institutes or agencies of recognised competence, attesting that the goods to be purchased or hired under the contract conform to standards and technical specifications (within the meaning of regulation 12(1)) identified by the contracting authority.(m) In the case of contracts involving, entailing or containing classified information, evidence of the ability to process, store and transmit such information at the level of protection required by the contracting authority.(n) A certificate:(i) attesting conformity to quality management systems standards based on the relevant European standard; and(ii) from an independent accredited body established in any member State conforming to the European standards concerning accreditation and certification;(o) Any other evidence of conformity to quality management systems standards which are equivalent to the standards referred to in sub-paragraph (n)(i) criteria regarding the technical and/or professional ability of economic operators will be assessed by use of a pre-qualification questionnaire
Minimum level(s) of standards possibly required: The authority reserves the right to exclude a potential provider if they fail to achieve a minimum score of 2 in any of the technical questions.
III.2.4) Information about reserved contracts
III.3) Conditions specific to services contracts
III.3.1) Information about a particular profession
Execution of the service is reserved to a particular profession:
III.3.2) Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service:
Section IV: Procedure
IV.1) Type of procedure
IV.1.1) Type of procedure
Restricted
IV.1.2) Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number: 3 and maximum number
Objective criteria for choosing the limited number of candidates:
Potential providers will be required to achieve a pass in all of the pass/fail questions in the DPQQ.Potential provider will be required to achieve a minimum score of 2 in each of the scored questions.
IV.1.3) Reduction of the number of operators during the negotiation or dialogue
IV.2) Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2) Information about electronic auction

IV.3) Administrative information
IV.3.1) File reference number attributed by the contracting authority/entity
DIOCB1/015
IV.3.2) Previous publication(s) concerning the same contract
Prior information notice
Notice number in the OJEU:2019/S 138-341242of19.07.2019
IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: Yes
IV.3.4) Time limit for receipt of tenders or requests to participate
12.08.2020 – 17:00
IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up
EN
IV.3.7) Minimum time frame during which the tenderer must maintain the tender
In days:
IV.3.8) Conditions for opening of tenders

Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement: No
VI.2) Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: No
VI.3) Additional information
(a) The values provided in sections (ii) (1.5) and (ii) (2.4) are only estimates. We cannot guarantee any business through the framework contract.
(b) The authority intends to hold a virtual industry day event via BT Event on the 14 July 2020. Potential providers who would like to attend this event are asked to RSVP to
DIOComrcl-OCF@mod.gov.uk by Wednesday 8 July 2020.
(c) The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement.
(d) The authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

On 2 April 2014 Government introduced its Government Security Classifications (GSC) scheme which replaced Government Protective Marking Scheme (GPMS). A key aspect is the reduction in the number of security classifications used. All bidders should make themselves aware of the changes as it may impact on this requirement.The link below to Gov.uk provides information on the GSC at:
(e) Cyber Essentials Plus is a mandatory requirement for Central Government contracts which involve handling personal information or provide certain ICT products and services. The Government is taking steps to reduce the levels of cyber security risk in its supply chain through the Cyber Essentials Plus scheme. The scheme defines a set of controls which, when implemented, will provide organisations with protection from the most prevalent forms of threat coming from the internet. To participate in this procurement, bidders must be able to demonstrate they comply with the technical requirements prescribed by Cyber Essentials Plus.
The Cyber Risk Assessment Rating is: very low
Code: RAR-5BJK6ETF
(f) Advertising Regime OJEU: this contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk.
Suppliers must read through this set of instructions and follow the process to respond to this opportunity.
The information and/or documents for this opportunity are available on You must register on this site to respond, if you are already registered you will not need to register again, simply use your existing username and password. Please note there is a password reminder link on the homepage.
Suppliers must log in, go to your response manager and add the following access code: J36D6T8A3S. Please ensure you follow any instruction provided to you here.
The deadline for submitting your response(s) is 12 August 2020 17.00. Please ensure that you allow yourself plenty of time when responding to this invite prior to the closing date and time, especially if you have been asked to upload documents.
If you experience any difficulties please refer to the online Frequently Asked Questions (FAQ’s) or the User Guides or contact the MOD DCO Helpdesk by emailing — support@contracts.mod.uk or call 0800 282 324
Go reference: GO-2020624-DCB-16763047
VI.4) Procedures for appeal
VI.4.1) Body responsible for appeal procedures:
Ministry of Defence, DIO, Defence Infrastructure Organisation (DIO)
Glasgow
United Kingdom
Phone: +44 1412248299
Email: DIOComrcl-OCF@mod.gov.uk
Body responsible for mediation procedures:
Ministry of Defence
Glasgow
United Kingdom
Phone: +44 1412248299
Email: DIOComrcl-OCF@mod.gov.uk
VI.5) Date of dispatch of this notice:
24.06.2020