Highways Agency

• 1 introduction
• 2 the project
• 3 legal, contractual and commercial matters
• 4 timetable and selection process
• 5 prequalification questionnaire : introduction and guidance
• 6 submissions and enquiries

6 submissions and enquiries

6 SUBMISSIONS AND ENQUIRIES

Request for Prequalification Questionnaire

6.1 Candidates interested in being selected to negotiate the M25 DBFO Contract should respondas set out in the Contract Notice in the Official Journal of the European Union. The Agencywill supply each respondent with a CD-Rom containing the PQQ in electronic format.

Submissions

6.2 The prequalification submission must be in English and include the completed PQQ and allsupporting documentation required by the PQQ.

6.3 The prequalification submission must be signed by an authorised representative on behalf ofthe Candidate. In the case of a Candidate that is a Consortium, each Member Organisationshould provide a letter stating that the person signing the submission is authorised to sign ontheir behalf.

6.4 Prequalification submissions must be delivered by midday on the date given at paragraph 4.1to:

M25 DBFO: Prequalification
The Highways Agency
Procurement South East
Floor 1
Wing C
Federated House
London Road
Dorking RH4 1SZ
United Kingdom
Marked for the attention of Rachel Morley

6.5 One hard copy original and five electronic copies of the prequalification submission must beprovided. The original must be bound or submitted in one or more ring binders; there must beno loose papers. The electronic copies must be submitted in Adobe Portable DocumentFormat (PDF) Version 1.4 (to be read by Adobe Reader version 5.0). The font size used incompleting the PQQ should be Arial 12 point. All files should be on CD-Rom.

6.6 In the event of a discrepancy between the hard and electronic versions of a Candidate'sprequalification submission, the hard copy will be considered definitive.

6.7 Prequalification submissions must be delivered by registered post or by hand and in plainsealed packages. The outer covering of the packages, or any franking thereon, must not bearany marks, sign or reference which might indicate who the sender is. Senders must ensurethat any requirement for insertion of a sender's name on any receipt or docket is waived.

6.8 The Agency reserves the right to refuse to consider any response submitted other than inaccordance with paragraphs 6.2 to 6.7.

Enquiries

6.9 All enquiries at prequalification stage must be sent by e-mail to the following e-mail address:e-mail: M25DBFOPrequal@highways.gsi.gov.uk

6.10 The Agency reserves the right to circulate answers to enquiries to all Candidates where itconsiders this to be appropriate, without identifying the Candidate making the enquiry.

6.11 The final date for submission of enquiries is 12 December 2005. Where practicable theAgency will attempt to answer all queries made in accordance with paragraph 6.9 within tenworking days of receipt, but no guarantee can be made in this regard. Candidates are advisedto submit their enquiries as early as possible and to avoid enquiries which are not relevant toanswering the PQQ as this may unnecessarily utilise the Agency's resources and delayanswers to more pertinent questions.

Freedom of Information

6.12 Under the Freedom of Information Act 2000 (FOIA) and the Environmental InformationRegulations (2004) (EIRs), the Agency is obliged (subject to the application of any relevantexemptions and, where applicable, the public interest test) to disclose information in responseto requests for information. The Agency is committed to meeting its legal responsibilitiesunder the FOIA and EIRs. Accordingly, all information submitted may need to be disclosed inresponse to a request under the FOIA or EIRs. The Agency may also decide to includecertain information in the publication scheme maintained under the FOIA.

6.13 Where Candidates consider that any of the information included in their prequalificationsubmission is commercially sensitive, they must identify that information and give a broaddescription of any harmful effects anticipated as a result of disclosure if a request forinformation is received. Candidates must also identify the time period applicable to thatsensitivity. Candidates should also be aware that, even where it has been indicated thatinformation is commercially sensitive, the Agency may be required to disclose it under theFOIA or EIRs if a request is received. Candidates will be informed if a request is receivedunder the FOIA or EIRs in respect of information they have provided to the Agency.Candidates must also note that the receipt of any material marked "confidential" or equivalentby the Agency should not be taken to mean that the Agency accepts any duty of confidence byvirtue of that marking.