How does Transport Scotland ensure: The tender, contract, and procurement processes / associated documents captures all of the environmental good practice and sensitivities explored at pre-application / environmental assessment stage. The successful contractor is then fully costing and aware of the constraints and opportunities during the development of a construction project .
Discussion Topics Background • Pre-Application/Environmental Assessment Stage Procurement • Advertising the Requirement • Prequalification Stage • Tender Stage Delivery • Construction Stage
Pre-Application / Environmental Assessment Stage
Design Manual for Roads and Bridges (DMRB) DMRB Stage 1 – Preliminary Corridor Assessment DMRB Stage 2 – Route Options Assessment Detailed environmental DMRB Stage 3 – surveys inform Preferred Scheme Assessment Environmental Impact Assessment/ Environmental Stage 3 Report – Environmental Statement/ Compulsory Outlines Preferred Scheme Statement Purchase Order/ Road Orders Publication of Draft Road Orders, Compulsory Purchase Orders and Environmental Statement
Environmental Assessment Environmental Impact Assessment (EIA): • gathers information about the environment of the area in the vicinity of the scheme and identifies environmental constraints and opportunities that may influence or be affected by the proposed scheme; • identifies and assess potential environmental impacts; • identifies and incorporates measures into the scheme design and operation to avoid, reduce or offset adverse impacts and enhance beneficial impacts; and • assesses the residual affects of the scheme. Example measures include: • Creating and enhancing habitats through replacement of additional planting; • Translocating important species; • Bat boxes; • Replacement Badger Setts and Otter holts • Using mammal underpasses under the road and fencing to guide animals to the tunnels • Including mammal ledges in new culverts • Ensuring that culverts and watercourse realignments are constructed in accordance with best practice guidelines
Publication of Draft Road Orders, Compulsory Purchase Orders and Environmental Statement 6 week statutory consultation Statutory Objections /Representations Publication of Road Orders Public Inquiry /Compulsory Purchase Orders Procurement and Construction
Procurement So when does the Contractor first become aware of the environmental good practice and sensitivities?
Advertising the Requirement • Prior Information Notice (PIN) • Pre-Market Engagement (“Information Day”) • Pre-Invite Brief • Contract Notice or Website Notice
Notice (“ Advert ”) For ‘2015 Regulated Procurements’ contracts it is required to advertise the requirement on the Public Contracts Scotland portal (http://www.publiccontractsscotland.gov.uk/Default.aspx) and in the Official Journal of the European Union (OJEU) by way of a ‘ Contract Notice ’. For ‘2016 Regulated Procurements, it is required to advertise the requirement by way of a ‘ Website Notice ’, a shortened less detailed notice, on the Public Contracts Scotland portal. The notice is effectively an advert for the requirement, to enable potentially interested contractors to obtain a brief idea of what the contract entails and further decide if they want to express an interest. In all regulated procurements along with the Notice , should be issued a ESPD and where appropriate a Supplementary Information Document .
Supplementary Information Document The old Prospectus document is no longer used, and all information is now required to be detailed in the Contract Notice. However, due to restrictions on word count within the Contract Notice, it was agreed with the European Commission that a Supplementary Information Document could be uploaded for highly technical procurements. Environmental Aspects – Example from A9 Dualling: Luncarty to Pass of Birnam One of the main considerations has been the need to avoid or reduce the potential for adverse effects on the environment. Key considerations included: • Designated sites – including River Tay SAC, Cairnleith Moss SSSI and Mill Dam SSSI; • Cultural Heritage – listed buildings, archaeological sites and historic landscapes; • Protected species (otters, Atlantic Salmon and Lamprey, bats, etc.) • Woodlands – including Gelly Wood and parts of Murthly Estate; • Landscape – low-lying agricultural farmland, undulated hillsides, watercourses, heathland and woodlands; • Properties – Bankfoot, Luncarty and isolated rural properties; • Access – various cycleways and paths and other recreation areas. An Environmental Impact Assessment (EIA) of the proposals has been undertaken, with environmental constraints and issues identified and incorporated into the decision making process. Transport Scotland has published an Environmental Statement, which reports the findings of the EIA and is available on Transport Scotland’s website at the following location: http://www.transport.gov.scot/project/a9 - luncarty-pass-birnam. The appointed contractor shall be required to ensure that the design, construction, completion and maintenance of the works take account of all measures necessary to protect the environment in accordance with current legislation and the contract.
Notice – Key Sections • II.1.4) Short description • II.2.4) Description of procurement • II.2.9) Information about the limits on the number of candidates to be invited (“ selection criteria ”) • III.1) Conditions for participation • III.1.3) Technical and professional ability
Prequalification (Selection) Stage Does the contractor have the minimum levels of ability to perform the contract?
ESPD The ESPD is a generic document, used across all EU Members States, from which the ESPD (Scotland) has been developed. This means that the questions in the ESPD (Scotland) cannot be amended and new questions cannot be added. Procurement Officers must set out the specific requirements, the relevant exclusion grounds and the minimum standards that are relevant for the procurement exercise in the Contract Notice. It: • provides economic operators with the opportunity to demonstrate to the Scottish Ministers that they satisfy the required levels of economic and financial standing or professional and technical ability in respect of the Contract; • allows economic operators to describe their relevant experience on previous projects; and • provides the Scottish Ministers with comparable information about each of the economic operators in a consistent and structured manner. Ensures that bidders: • do not fall within a ground for exclusion (or, if they do, they can demonstrate that they have taken self- cleansing measures); • meet the relevant selection criteria • (where applicable) fulfil the objective rules and criteria for reduction of candidates.
Selection Criteria Minimum Standards of Eligibility - Satisfied the relevant selection criteria under the exclusion grounds (Has the bidder, to its knowledge, breached its obligations in the fields of environmental law?); and provided evidence of working on specified types of projects over a specified value (Within the last 5 years have you constructed piling works near or within an environmentally sensitive watercourse of a value of at least GBP 100k?). Technical or Professional Ability Provided evidence demonstrating an acceptable level of technical or professional ability (provide details of approach on minimising and mitigating the impact of construction works on the environment, inc. details of specific mitigation measures adopted; and how the effectiveness of these measures was assessed); has in place quality, environmental and health and safety management systems (BS EN ISO 14001:2015 (Environmental Management Systems) ; Other accredited or Own non- accredited management system).
Selection Subject to the Contractor, having: • satisfied the relevant selection criteria under the exclusion grounds; • provided evidence of working on specified types of projects over a specified value; • provided evidence demonstrating an acceptable level of technical or professional ability; • in place quality, environmental and health and safety management systems; • in place appropriate sustainability measures which attribute significantly to the requirement; • satisfied minimum standards of economic and financial standing; • appropriate experience under Health and Safety Legislation. And having achieved one of the highest combined weighted scores in respect of technical or professional ability, they are invited to tender.
Tender Stage How does the Contractor intend to perform the requirement and at what price?
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