Relocatable seating tier.
Contract notice
Works
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
London Legacy Development Corporation
Level Ten, 10 Stratford Place
For the attention of: Margaret Christensen
E20 1EJ Stratford
UNITED KINGDOM
Telephone: +44 2032881497
E-mail:
Internet address(es):
General address of the contracting authority: www.londonlegacy.co.uk
Address of the buyer profile: www.londonlegacy.co.uk
Electronic access to information: www.supply4london.gov.uk
Electronic submission of tenders and requests to participate: www.supply4london.gov.uk
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
Body governed by public law
I.3)Main activity
Other: Regeneration and Development
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: yes
E20 Stadium LLP
c/o London Legacy Development Corporation, Level Ten, 1 Stratford Place
E20 1EJ Stratford
UNITED KINGDOM
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Relocatable seating tier.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Design and execution
Design and execution
NUTS code UKI12
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
Multi-purpose sports facilities construction work. Construction work for sports facilities. Construction work in connection with structures for sports ground. Repair and maintenance work in connection with sports facilities. Stadium construction work. Fabrication work. Engineering design services for the construction of civil engineering works. Apparatus and equipment designed for demonstration purposes. Sports facilities operation services. This opportunity relates to the procurement of the detailed design, manufacture, installation, commissioning, dismantling, storage protection, testing, operation and maintenance of the retractable/relocatable seating as a part of the overall works required to realise future needs and requirements of the Stadium located on the Queen Elizabeth Olympic Park in east London.
The Contracting Authority's requirements are to make the Stadium lower seating tier movable whilst protecting the athletics ‘mondo' track and maintain the total Stadium seating capacity of 54 000 spectators for pitch sports and up to 58 100 for athletic events. The purpose of the procurement is to seek an innovative, practical and cost effective whole-life solution that meets the Contracting Authority's performance specification.
There are three stages to the Contract Authority's requirements:
- Stage 1 Works - Design and Construction of Prototype;
- Stage 2 Works - Design and construction of entire Relocatable Seating Tier works to be installed in the Stadium. To include works for the design and construction of access bridges and connections from the Lower Terrace to the Stadium and a demountable seating stand; and
- Services - Maintenance and Operation of Relocatable Seating Tier together with the storage and installation of temporary seating stand and access bridges over a 10 year period. The agreement includes the option to extend the agreement in increments up to a further 10 years.
On appointment the successful Tenderer will design and construct a pre-production prototype of their proposed design of the Stadium Relocatable Seating Tier within a specified timescale.
Where the presented design and prototype meets the requirements and is accepted by the Contracting Authority an instruction shall be issued to commence the works to design and build the entire Relocatable Seating Tier Works for installation in the Stadium. The Works Contract will be novated to the Contracting Authority's appointed Tier 1 Shell-and-Core Main Contractor following this instruction.
The Contracting Authority reserves the right to terminate the contract upon delivery of the Contractor's prototype. Tenderers should note that the Contracting Authority reserves the right to instruct the second ranked Tenderer to commission a further pre-production prototype under the same arrangements.
Full details of the scope can be found within the relevant documents accompanying the Invitation to Tender (the 'ITT').
Economic operators that are interested in responding to this Notice should note that the Contracting Authority are procuring the Seating Works for the purposes of delivering for and on behalf of another contracting authority (the E20 Stadium LLP), the full details of which will be provided in the ITT documents.
The Contracting Authority's requirements are to make the Stadium lower seating tier movable whilst protecting the athletics ‘mondo' track and maintain the total Stadium seating capacity of 54 000 spectators for pitch sports and up to 58 100 for athletic events. The purpose of the procurement is to seek an innovative, practical and cost effective whole-life solution that meets the Contracting Authority's performance specification.
There are three stages to the Contract Authority's requirements:
- Stage 1 Works - Design and Construction of Prototype;
- Stage 2 Works - Design and construction of entire Relocatable Seating Tier works to be installed in the Stadium. To include works for the design and construction of access bridges and connections from the Lower Terrace to the Stadium and a demountable seating stand; and
- Services - Maintenance and Operation of Relocatable Seating Tier together with the storage and installation of temporary seating stand and access bridges over a 10 year period. The agreement includes the option to extend the agreement in increments up to a further 10 years.
On appointment the successful Tenderer will design and construct a pre-production prototype of their proposed design of the Stadium Relocatable Seating Tier within a specified timescale.
Where the presented design and prototype meets the requirements and is accepted by the Contracting Authority an instruction shall be issued to commence the works to design and build the entire Relocatable Seating Tier Works for installation in the Stadium. The Works Contract will be novated to the Contracting Authority's appointed Tier 1 Shell-and-Core Main Contractor following this instruction.
The Contracting Authority reserves the right to terminate the contract upon delivery of the Contractor's prototype. Tenderers should note that the Contracting Authority reserves the right to instruct the second ranked Tenderer to commission a further pre-production prototype under the same arrangements.
Full details of the scope can be found within the relevant documents accompanying the Invitation to Tender (the 'ITT').
Economic operators that are interested in responding to this Notice should note that the Contracting Authority are procuring the Seating Works for the purposes of delivering for and on behalf of another contracting authority (the E20 Stadium LLP), the full details of which will be provided in the ITT documents.
II.1.6)Common procurement vocabulary (CPV)
45212220, 45212200, 45212221, 45212290, 45212224, 45255400, 71322000, 39294000, 92610000
II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: no
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:
Full details of the scope can be found the relevant documents accompanying the ITT, a copy of which is obtainable from the Supply4London eTendering Services (further details of which are set out in Section V1.3 of this Notice).
Estimated value excluding VAT:
Range: between 10 000 000 and 20 000 000 GBP
Estimated value excluding VAT:
Range: between 10 000 000 and 20 000 000 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Section III: Legal, economic, financial and technical information
III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
The Contracting Authority reserves the rights to require deposits, guarantees, bonds, and / or other forms of appropriate security.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Details will be provided within the ITT documents, copies of which are available from the Supply4London eTendering service (details of which can be found in Section VI.3 of this Notice).
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The Contracting Authority reserves the right to require groupings of contractors to take a particular legal form or to require a single contractor to take primary liability, or to require that each party undertakes joint and severable liability irrespective of the legal form of the contracting entity. Details will be provided in the ITT documents, copies of which are available from the Supply4London eTendering service (details of which can be found in Section VI.3 of this Notice).
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The Contracting Authority will require any organisation that is to be invited to tender for the works to have demonstrated that they:
a) are of sufficient financial standing; and
b) have sufficient experience, capacity, and capability;
in the management of the risks associated with delivery of the project.
Full details of the scope of requirements and evaluation criteria are provided in the ITT documents, copies of which are available from the Supply4London eTendering service (details of which can be found in Section VI.3 of this Notice).
Description of particular conditions: The Contracting Authority will require any organisation that is to be invited to tender for the works to have demonstrated that they:
a) are of sufficient financial standing; and
b) have sufficient experience, capacity, and capability;
in the management of the risks associated with delivery of the project.
Full details of the scope of requirements and evaluation criteria are provided in the ITT documents, copies of which are available from the Supply4London eTendering service (details of which can be found in Section VI.3 of this Notice).
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: The Contracting Authority will check all Tenderers against the offences listed in Article 45(1) of Directive 2004/18/EC (implemented as Regulation 23(1) of the Public Contract Regulations 2006 (as amended, ‘the Regulations') in the UK) and all of the professional misconducts listed at Article 45(2) of Directive 2004/18/EC (see also Regulation 23(2) in the Regulations) to the decision of whether a Tenderer is eligible to be invited to tender.
Tenderers will be required to answer these questions as part of the qualification process. For Tenderers who are registered overseas, you will need to declare if you have any offences/misconduct under your own countries laws, where these laws are equivalent to the Regulation 23 lists.
Tenderers who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Tenderers who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Contracting Authority.
Tenderers will be assessed in accordance with Part V of the Regulations, on the basis of information provided in response to the ITT questionnaire (a copy of which can be obtained via the Supply4London eTendering service). Completed response to ITT questionnaires must be returned via the Supply4London eTendering service (further details of which are available at Section VI.3 of this Notice) before the deadline for receipt of responses as notified in the ITT questionnaire.
Tenderer instructions on how to respond to this Notice with the submission of a Tender Submission, together with assistance on registering a Tenderers' organisation on the eTendering service, and downloading / viewing procurement documentation can be found:
Tenderers will be required to answer these questions as part of the qualification process. For Tenderers who are registered overseas, you will need to declare if you have any offences/misconduct under your own countries laws, where these laws are equivalent to the Regulation 23 lists.
Tenderers who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Tenderers who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Contracting Authority.
Tenderers will be assessed in accordance with Part V of the Regulations, on the basis of information provided in response to the ITT questionnaire (a copy of which can be obtained via the Supply4London eTendering service). Completed response to ITT questionnaires must be returned via the Supply4London eTendering service (further details of which are available at Section VI.3 of this Notice) before the deadline for receipt of responses as notified in the ITT questionnaire.
Tenderer instructions on how to respond to this Notice with the submission of a Tender Submission, together with assistance on registering a Tenderers' organisation on the eTendering service, and downloading / viewing procurement documentation can be found:
1. On the eTendering website: www.supply4london.gov.uk; or
2. Through the use of the: www.supply4london.gov.uk Helpdesk facility on +44 8452707098; or
3. Through the use of the Supplier Guides and FAQ's available from the eTendering service at: http://www.supply4london.gov.uk /getting-started/supplier-guidances
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Tenderers are referred to the relevant sections of the Annex B supplements to this Contract Notice, where full descriptions of the means of establishing the economic and financial capacity of the Tenderers are set out in full.
The Contracting Authority reserves the right to adjust these evaluation standards acting in accordance with the Regulations and to reject responses from Tenderers who are unable to meet (or are unable to commit to meet) the above criteria if successful.
Minimum level(s) of standards possibly required: a. A minimum annual turnover in each of the last 3 consecutive years of 20 000 000 GBP or equivalent financial performance in the Tenderer's reporting currency or equivalent proof of financial standing.
b. In the case of a consortium bid, the combined minimum annual turnover of the Tenderer and the relevant companies in each of the last 3 consecutive years must be no less than that specified in paragraph a. above and the minimum annual turnover of at least one of the parties must be no less than 20 000 000 GBP or equivalent financial performance in reporting currency or equivalent proof of financial standing.
In addition, the Contracting Authority will undertake a check of each Applicant's financial strength. That check will be undertaken from Dun and Bradstreet (D&B;) Comprehensive Reports which include D&B;'s latest rating for each Applicant. The Contracting Authority will consider all aspects of the D&B; report to determine whether there is any evidence indicating a significant risk that the Applicant will be unable to provide the services required over the period of the contract. If this information is not available from D&B; for a particular Applicant, the Contracting Authority will undertake alternative checks as appropriate to establish an equivalent measure of that Applicant's financial strength.
The Contracting Authority reserves the rights to undertake this conformance check at various stages prior to the award of any contract arising from this opportunity. In addition, the Contracting Authority reserves the right to adjust these minimum standards in accordance with the Public Contracts Regulations 2006 (as amended, ‘the Regulations') and to reject responses and / or tenders received from Tenderers and/or Relevant Companies who are unable to meet the above criteria at any time prior to any award arising from this opportunity.
The Tenderer must confirm the ability to provide the following insurances at the time of entering into any Contract with the Contracting Authority:
B) ii) (Public liability and products liability) Liability for loss of or damage to property and liability for bodily injury to or death of a person (not an employee of the Operator) caused by activity in connection with this Contract.
- Minimum amount of cover or minimum limit of indemnity: 10 000 000 GBP for each and every occurrence and in the annual aggregate with respect to pollution and products with cross liability cover so that the insurance applies to the Parties separately.
C) (Professional indemnity) Liability of the Consultant (employed by the Operator) for claims made against him arising out of his failure to use the skill, care and diligence required by the Contract.
- Minimum amount of cover or minimum limit of indemnity: 10 000 000 GBP for each and every claim and in the annual aggregate for claims arising out of pollution/contamination maintained for a period of 12 years following Completion.
D) (Employers liability) Liability for death or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this Contract.
- Minimum amount of cover or minimum limit of indemnity: The greater of the amount required by the applicable law and the amount stated in the Contract Data for any one event. This insurance should include an Indemnity to Principal clause and Waiver of Subrogation in favour of the Employer.
E) (Motor vehicle) Third party liability in respect of all vehicles used on public highways, site access roads or in any circumstances requiring insurance under the Road Traffic Acts.
- Minimum amount of cover or minimum limit of indemnity: As required by law.
H) (Other) Other insurances required by statute.
- Minimum amount of cover or minimum limit of indemnity: As required by law.
The Contracting Authority reserves the right to adjust these evaluation standards acting in accordance with the Regulations and to reject responses from Tenderers who are unable to meet (or are unable to commit to meet) the above criteria if successful.
The Contracting Authority reserves the right to adjust these evaluation standards acting in accordance with the Regulations and to reject responses from Tenderers who are unable to meet (or are unable to commit to meet) the above criteria if successful.
Minimum level(s) of standards possibly required: a. A minimum annual turnover in each of the last 3 consecutive years of 20 000 000 GBP or equivalent financial performance in the Tenderer's reporting currency or equivalent proof of financial standing.
b. In the case of a consortium bid, the combined minimum annual turnover of the Tenderer and the relevant companies in each of the last 3 consecutive years must be no less than that specified in paragraph a. above and the minimum annual turnover of at least one of the parties must be no less than 20 000 000 GBP or equivalent financial performance in reporting currency or equivalent proof of financial standing.
In addition, the Contracting Authority will undertake a check of each Applicant's financial strength. That check will be undertaken from Dun and Bradstreet (D&B;) Comprehensive Reports which include D&B;'s latest rating for each Applicant. The Contracting Authority will consider all aspects of the D&B; report to determine whether there is any evidence indicating a significant risk that the Applicant will be unable to provide the services required over the period of the contract. If this information is not available from D&B; for a particular Applicant, the Contracting Authority will undertake alternative checks as appropriate to establish an equivalent measure of that Applicant's financial strength.
The Contracting Authority reserves the rights to undertake this conformance check at various stages prior to the award of any contract arising from this opportunity. In addition, the Contracting Authority reserves the right to adjust these minimum standards in accordance with the Public Contracts Regulations 2006 (as amended, ‘the Regulations') and to reject responses and / or tenders received from Tenderers and/or Relevant Companies who are unable to meet the above criteria at any time prior to any award arising from this opportunity.
The Tenderer must confirm the ability to provide the following insurances at the time of entering into any Contract with the Contracting Authority:
B) ii) (Public liability and products liability) Liability for loss of or damage to property and liability for bodily injury to or death of a person (not an employee of the Operator) caused by activity in connection with this Contract.
- Minimum amount of cover or minimum limit of indemnity: 10 000 000 GBP for each and every occurrence and in the annual aggregate with respect to pollution and products with cross liability cover so that the insurance applies to the Parties separately.
C) (Professional indemnity) Liability of the Consultant (employed by the Operator) for claims made against him arising out of his failure to use the skill, care and diligence required by the Contract.
- Minimum amount of cover or minimum limit of indemnity: 10 000 000 GBP for each and every claim and in the annual aggregate for claims arising out of pollution/contamination maintained for a period of 12 years following Completion.
D) (Employers liability) Liability for death or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this Contract.
- Minimum amount of cover or minimum limit of indemnity: The greater of the amount required by the applicable law and the amount stated in the Contract Data for any one event. This insurance should include an Indemnity to Principal clause and Waiver of Subrogation in favour of the Employer.
E) (Motor vehicle) Third party liability in respect of all vehicles used on public highways, site access roads or in any circumstances requiring insurance under the Road Traffic Acts.
- Minimum amount of cover or minimum limit of indemnity: As required by law.
H) (Other) Other insurances required by statute.
- Minimum amount of cover or minimum limit of indemnity: As required by law.
The Contracting Authority reserves the right to adjust these evaluation standards acting in accordance with the Regulations and to reject responses from Tenderers who are unable to meet (or are unable to commit to meet) the above criteria if successful.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Tenderers will be assessed in accordance with Part V of the Regulations, on the basis of information provided in response to the relevant technical questions in the ITT (a copy of which can be obtained via the Supply4London eTendering service).
Minimum level(s) of standards possibly required:
Tenderers will be required to demonstrate that they will be able to comply with the minimum requirements set out in the policies and strategies of the Contracting Authority, as set out in the ITT.
Tenderers will be assessed in accordance with Part V of the Regulations, on the basis of information provided in response to the relevant technical questions in the ITT (a copy of which can be obtained via the Supply4London eTendering service).
Minimum level(s) of standards possibly required:
Tenderers will be required to demonstrate that they will be able to comply with the minimum requirements set out in the policies and strategies of the Contracting Authority, as set out in the ITT.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service
Section IV: Procedure
IV.1)Type of procedure
IV.1.1)Type of procedure
Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)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
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 21.10.2013 - 12:00
Payable documents: no
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
1.11.2013 - 12:00
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
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
in days: 120 (from the date stated for receipt of tender)
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
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 supply4london.gov.uk.
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: PKU4J352FN.
Please ensure you follow any instruction provided to you here.
Please ensure that you allow yourself plenty of time when responding to this opportunity prior to the closing date and time, especially if you have been asked to upload documents.
- waive any requirements of this procurement process (to the extent permitted by law),
- request additional information or clarificatory information from Tenderers in relation to any aspect of their response,
- disqualify any Tenderer that does not submit a compliant response in accordance with the Contracting Authority's instructions (see also below),
- withdraw any part of or the whole of this procurement process at any time or to re-invite responses on the same or any alternative basis,
- not award the whole of or a part of contract as a result of this procurement process; or,
- make whatever changes it sees fit to the timetable, structure or content of the procurement process for any reason.
Furthermore, the Contracting Authority reserves the right (acting in accordance with the Regulations) to reject or disqualify an Tenderer where:
- a response is submitted late, is completed incorrectly, is incomplete or fails to meet the Contracting Authority's requirements which have been notified to Tenderers,
- the Tenderer is unable to satisfy the terms of Part V of the Regulations at any stage during the procurement process,
- the Tenderer is guilty of serious misrepresentation or fraud in relation to its application and/or any aspect of this procurement process,
- there is a change in identity, control, financial standing or other factor impacting on the ability and capacity of the Tenderer to meet the Contracting Authority's requirements for any of the Works, supplies, or services advertised; and/or,
- there is an actual or potential commercial, professional, financial or other conflict of interest arising between the interests of the Contracting Authority and the Tenderer.
The Tenderer is solely responsible for all their costs and expenses incurred in connection with the preparation and submission of their responses at all stages of the procurement process. Under no circumstances will the Contracting Authority be liable for any costs or expenses borne by or on behalf of any Tenderer.
Clarifications and queries in respect of the information provided in the ITT must be submitted in writing and via the Supply4London eTendering Service only. Direct emails, telephone calls or correspondence with the Contracting Authority will not be permitted during the procurement of this opportunity. GO Reference: GO-2013913-PRO-5117493
The information and/or documents for this opportunity are available on supply4london.gov.uk.
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: PKU4J352FN.
Please ensure you follow any instruction provided to you here.
Please ensure that you allow yourself plenty of time when responding to this opportunity prior to the closing date and time, especially if you have been asked to upload documents.
If you experience any technical difficulties please contact the Supply4london Helpdesk on call +44 8452707050 or email:
The Contracting Authority reserves the right (acting in accordance with the Regulations) to:- waive any requirements of this procurement process (to the extent permitted by law),
- request additional information or clarificatory information from Tenderers in relation to any aspect of their response,
- disqualify any Tenderer that does not submit a compliant response in accordance with the Contracting Authority's instructions (see also below),
- withdraw any part of or the whole of this procurement process at any time or to re-invite responses on the same or any alternative basis,
- not award the whole of or a part of contract as a result of this procurement process; or,
- make whatever changes it sees fit to the timetable, structure or content of the procurement process for any reason.
Furthermore, the Contracting Authority reserves the right (acting in accordance with the Regulations) to reject or disqualify an Tenderer where:
- a response is submitted late, is completed incorrectly, is incomplete or fails to meet the Contracting Authority's requirements which have been notified to Tenderers,
- the Tenderer is unable to satisfy the terms of Part V of the Regulations at any stage during the procurement process,
- the Tenderer is guilty of serious misrepresentation or fraud in relation to its application and/or any aspect of this procurement process,
- there is a change in identity, control, financial standing or other factor impacting on the ability and capacity of the Tenderer to meet the Contracting Authority's requirements for any of the Works, supplies, or services advertised; and/or,
- there is an actual or potential commercial, professional, financial or other conflict of interest arising between the interests of the Contracting Authority and the Tenderer.
The Tenderer is solely responsible for all their costs and expenses incurred in connection with the preparation and submission of their responses at all stages of the procurement process. Under no circumstances will the Contracting Authority be liable for any costs or expenses borne by or on behalf of any Tenderer.
Clarifications and queries in respect of the information provided in the ITT must be submitted in writing and via the Supply4London eTendering Service only. Direct emails, telephone calls or correspondence with the Contracting Authority will not be permitted during the procurement of this opportunity. GO Reference: GO-2013913-PRO-5117493
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
London Legacy Development Corporation
Level Ten, 1 Stratford Place
E20 1EJ Stratford
UNITED KINGDOM
Telephone: +44 2032881497
Internet address: www.londonlegacy.co.uk
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a mandatory 10 calendar day standstill period at the point information on the award of the contract is electronically notified to Tenderers. Additional information required by certain non-notified unsuccessful economic operators can be requested in writing from the contact/address in section I above and will be provided within 15 days of the date received.
The Public Contracts Regulations 2009 (SI 2009 No. 2992) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).
Where a contract has not been entered into, the Contracting Authority will consider the suspension of its award process if legal proceedings are brought against and notified to it.
The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside the award decision before the contract is entered into. The Court may order the setting aside of the award decision or order the Contracting Authority to amend any document and may award damages. If the contract has been entered into already, the Court may declare the contract ineffective, shorten its term or award damages.
The Contracting Authority would urge aggrieved Tenderers to communicate any issues to the contact for this procurement (see Section I above) by raising a Clarification Question through the Supply4London Portal in the first instance in case a solution can be found to avert time consuming court actions.
The Public Contracts Regulations 2009 (SI 2009 No. 2992) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).
Where a contract has not been entered into, the Contracting Authority will consider the suspension of its award process if legal proceedings are brought against and notified to it.
The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside the award decision before the contract is entered into. The Court may order the setting aside of the award decision or order the Contracting Authority to amend any document and may award damages. If the contract has been entered into already, the Court may declare the contract ineffective, shorten its term or award damages.
The Contracting Authority would urge aggrieved Tenderers to communicate any issues to the contact for this procurement (see Section I above) by raising a Clarification Question through the Supply4London Portal in the first instance in case a solution can be found to avert time consuming court actions.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
13.9.2013