CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): The Council of the London
Borough of Ealing and also see Section VI.3, Perceval House, 14-16
Uxbridge Road, Contact: BSF Office, Attn: Chris Trelfa, UK-London W5 2HL.
Tel. +44 2088256948. E-mail: bsfprocurement@ealing.gov.uk.
Internet address(es):
General address of the contracting authority: www.ealing.gov.uk.
Address of the buyer profile: http://www.mytenders.org/search/
Search_AuthProfile.aspx?ID=AA0763.
Further information can be obtained at: The Council of the London Borough
of Ealing and also see Section VI.3, Perceval House, 14-16 Uxbridge Road,
Contact: BSF Office, Attn: Chris Trelfa, UK-Ealing, London W5 2HL. Tel.
+44 2088256948. E-mail: bsfprocurement@ealing.gov.uk.
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
The Council of the London Borough of Ealing and also see Section VI.3,
Perceval House, 14-16 Uxbridge Road, Contact: BSF Office, Attn: Chris
Trelfa, UK-Ealing, London, W5 2HL. Tel. +44 2088256948. E-mail:
bsfprocurement@ealing.gov.uk. URL: www.ealing.gov.uk.
Tenders or requests to participate must be sent to: The Council of the
London Borough of Ealing and also see Section VI.3, Perceval House, 14-16
Uxbridge Road, Contact: BSF Office, Attn: Chris Trelfa, UK-Ealing, London
W5 2HL. Tel. +44 2088256948. E-mail: bsfprocurement@ealing.gov.uk. Fax +44
2088259990. URL: www.ealing.gov.uk.
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Regional or local authority.
General public services.
Education.
The contracting authority is purchasing on behalf of other contracting
authorities: yes.
SECTION II: OBJECT OF THE CONTRACT
II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority:
The London Borough of Ealing Building Schools for the Future.
II.1.2) Type of contract and location of works, place of delivery or of
performance: Services.
Service category: No 11.
Main place of performance: Within London.
NUTS code: UKI.
II.1.3) The notice involves: A public contract.
II.1.5) Short description of the contract or purchase(s): The contracting
authorities are seeking an innovative private sector partner or partners
to participate and invest in a new Public Private Partnership vehicle (a
"Local Education Partnership" or "LEP") to be established jointly with
some or all of the contracting authorities.
The LEP will provide (or arrange for the provision of) "Partnering
Services", which will include (but not be limited to) the development of a
strategic investment programme for:
(a) educational facilities;
(b) community facilities that support educational outcomes; and
(c) facilities for library services;
(d) community facilities whether co-located with any of the above
facilities or freestanding including but not limited to halls,
drop-in-centres, crèches, sheltered workshops etc whether owned by public
bodies, social enterprises or not for profit organisations;
(e) leisure facilities including but not limited to swimming pools, sports
facilities, recreation facilities, leisure centres, playing fields, track
and field facilities etc;
(f) any other facilities for the provision of health, social care and
education services for children and any other facilities to be provided by
one or more of the contracting authorities in the exercise of the powers
contained in Section 2(1) of the Local Government Act 2000 (together the
"Relevant Facilities") in the contracting authorities' area.
These Partnering Services will also comprise of the following services:
(a) strategy advisory services;
(b) programme management services;
(c) project development services;
(d) procurement consultancy services; and
(e) procurement and delivery or management of all services required to
deliver the strategic investment programme for the Relevant Facilities
(including through the provision, integration and management of supply
chain arrangements). It is anticipated that such services may include:
(i) architectural services;
(ii) engineering services;
(iii) construction services;
(iv) technical services;
(v) building services;
(vi) hard facilities management services;
(vii) soft facilities management services;
(viii) information communication and technology ("ICT") services (which
may be to some or all of the relevant schools);
(ix) educational support services;
(x) education programme development services;
(xi) educational strategy services; and
(xii) professional construction related/property services and operational
asset management services for a period of up to 15 years.
The Relevant Facilities, which may be a mixture of new build and
refurbished facilities, will be delivered under the Private Finance
Initiative (PFI) and/or design and build arrangements. This may include
the delivery of the Relevant Facilities through separate SPVs established
by the LEP. Where an SPV is established, the shareholders in such SPV may
include the LEP, third party equity providers and supply chain members.
The contracting authorities may contract directly with the LEP, or where
an SPV is established, with the SPV.
The LEP may also be required to provide for, or arrange for the provision,
(through supply chain arrangements) of, the management and/or integration
of the Partnering Services, design and build and construction contracts,
facilities management services, support services and ICT services (this
list is not exhaustive) where the contracting authorities' existing
arrangements are either transferred or expire.
It is anticipated that the Partnering Services may also include the
carrying out of the following services (although the right may not be
granted exclusively): (i) capital works funded by the Primary Capital
Programme; (ii) non-BSF funded works at the Relevant Facilities; (iii) the
provision of ICT services to Primary Schools; and (iv) the provision of FM
services in relation to non-PFI projects.
Further details are contained in the Descriptive Document and
pre-qualification questionnaire (PQQ) (see section VI.3 for details of how
to obtain these).
II.1.6) Common procurement vocabulary (CPV): 79400000, 45000000,
45111000, 45210000, 45214000, 45214200, 45314000, 45453100, 50700000,
51610000, 55524000, 70000000, 71240000, 71315000, 71541000, 72222300,
72500000, 72514300, 75200000, 77314000, 77320000, 79411000, 79418000,
79420000, 79710000, 79993000, 80000000, 90911200, 92610000, 98341140,
85000000, 85100000, 85300000, 92000000, 92600000.
II.1.7) Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8) Division into lots: No.
II.1.9) Variants will be accepted: Yes.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope: The estimated capital value of the
initial projects covered by this procurement is in the region of 63 000
000 GBP. Further projects arising in the first 5 year period may result in
the total estimated capital value (including the initial projects) being
approximately 347 000 000 GBP.
II.2.2) Options: Yes.
Description of these options: The partnering contract between the private
sector partner and the contracting authorities will be for a period of 10
years with an option to extend (excercisable during the initial 10 year
term) for a further 5 years.
II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION: Duration in
months: 180 (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: The contracting authorities
reserve the right to require deposits, guarantees, bonds and other forms
of appropriate security.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions regulating them: See sections III.1.3
and VI.3 some projects may be delivered using the UK government's private
finance initiative (PFI).
III.1.3) Legal form to be taken by the group of economic operators to
whom the contract is to be awarded: The contracting authorities are
seeking a private sector partner or partners to participate and invest in
the LEP which will take responsibility for and manage a supply chain of
providers. The contracting authorities reserve 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 several liability irrespective of the form of the
LEP. This may include the LEP establishing a special purpose vehicle (SPV)
which will contract directly with the contracting authorities for the
delivery of specific projects. Where an SPV is established the
shareholders in such SPV may include the contracting authorities, the LEP,
third party equity providers and supply chain.
III.1.4) Other particular conditions to which the performance of the
contract is subject: Yes.
Under this project the LEP and its supply chain will be required to
actively participate in the achievement of social and/or environmental
policy objectives relating to recruitment and training (including the
provision of apprenticeships) and supply chain initiatives. Accordingly
contract performance conditions may relate in particular to social and
environmental considerations.
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 requirements are met: In
accordance with Articles 45 to 50 of Directive 2004/18/EC and Regulations
23 to 25 of the Public Contracts Regulations 2006 and as set out in the
pre-qualification questionnaire available from the address in section I.1.
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating if requirements are met: In accordance with
Article 47 of Directive 2004/18/EC and Regulation 24 of the Public
Contracts Regulations 2006 and as set out in the pre-qualification.
Questionnaire which is available from the address in section I.1.
Minimum level(s) of standards possibly required: As set out in the pre
qualification questionnaire. The consortium's construction related
turnover must be no less than 300 000 000 GBP per annum. The.
Consortium's FM related turnover must be no less than 5 million GBP per
annum. The Consortium's ICT related turnover must be no less than 20 000
000 GBP per annum.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met: In accordance with Articles 48 to 50
of the Directive.
2004/18/EC and Regulation 25 of the Public Contracts Regulations 2006 and
as set out in the pre-qualification questionnaire which is available from
the address in section I.1
Minimum level(s) of standards possibly required: As set out in the pre
qualification questionnaire and PQQ evaluation matrix.
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.2) Legal entities should indicate the names and professional
qualifications of the staff responsible for the execution of the service:
Yes.
SECTION IV: PROCEDURE
IV.1) TYPE OF PROCEDURE
IV.1.1) Type of procedure: Competitive dialogue.
IV.1.2) Limitations on the number of operators who will be invited to
tender or to participate: Envisaged minimum number: 3. Maximum number: 8
Objective criteria for choosing the limited number of candidates: As set
out in the pre-qualification questionnaire which is available from the
address in section I.1.
IV.1.3) Reduction of the number of operators during the negotiation or
dialogue: Recourse to staged procedure to gradually reduce the number of
solutions to be discussed or tenders to be negotiated yes.
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) An electronic auction will be used: No.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.2) Previous publication(s) concerning the same contract: Prior
information notice
Notice number in OJ: 2008/S 179-238878 of 16.9.2008.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
15.5.2009 - 12:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to
selected candidates: 29.5.2009.
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up: English.
SECTION VI: COMPLEMENTARY INFORMATION
VI.3) ADDITIONAL INFORMATION: Section 1.1 The London Borough of Ealing is
acting as lead contracting authority on behalf of itself and the following
contracting authorities (and their statutory successors and organisations
created as a result of re-organisation or organisational changes.).
BSF Investments LLP, The Diocese of London, The Roman Catholic Diocese of
Westminster, The Governing Body of Twyford High School, The Governing Body
of Cardinal Wiseman High School, The Governing Body of Elthorne Park High
School, The Governing Body of Dormers Wells High School, The Governing
Body of Acton High School, The Governing Body of Featherstone High School,
The Governing Body of Villiers High School, The Governing Body of Belvue
School, The Governing Body of Springhallow School, the Governing Body of
St Ann’s School, The Governing Body of John Chilton School, The Governing
Body of Northolt High School, The Governing Body of Ellen Wilkinson School
for Girls, The Governing Body of Drayton Manor High School, The Governing
Body of Brentside High School, The Governing Body of Greenford High
School, The Governing Body of any new schools established under the BSF
programme, The Governing Body.
Of the West London Academy and Academies established or to be established
in the area of the London Borough of Ealing, the London Borough of Harrow,
the Ealing, Hammersmith and West London College, children's centres,
Ealing PCT and the governing bodies of the primary schools maintained by
the Authority. BSF Investments LLP has been established by the Department
of Education and Skills (now Department of Children Schools and Families)
and Partnerships UK as the body which will invest equity in the LEP. More
information on the BSF initiative is available from www.bsf.gov.uk.
Section I.2 - Additional types of contracting authority: national agency/
office, body governed by public law.
Section II.2 (c) - Additional service categories: 7, 12, 14, 17, 23, 24,
25, 26, 27.
Section II.1.9 - Variants will be accepted in addition to a compliant bid
(as set out in the tender/contract documents) providing the contracting
authorities' core requirements are met and provided that they are in
accordance with the tender/contract documents.
Section II.2.2 and II.3 - The partnering contract between the private
sector partner and the contracting authorities will be for a period of 10
years commencing on 14 September 2010 with an option to extend for a
further 5 years (such option being exercisable during the initial 10 year
term). The term of any design and build, PFI, facilities management,
management services or ICT agreements or other agreements flowing from the
partnership may extend beyond this period.
Section III.2.2 - The consortium's construction related turnover must be
no less than 300 000 000 GBP per annum. The consortium's FM related
turnover threshold must be no less than 5 000 000 GBP per annum. The
consortium's ICT related turnover threshold must be no less than 20 000
000 GBP per annum.
Section IV.3.3 - The PQQ and Descriptive Document are available upon
request from the date of despatch of this notice. The E-Box extranet
portal will be used through the procurement process. It is anticipated
that the invitation to participate in dialogue be sent to short listed
bidders by 29.5.2009.
Requests to participate should be made to bsfprocurement@ealing.gov.uk.
The email should include in its title "Ealing BSF Request for PQQ". The
name, telephone number and email address of your lead officer(s) must be
provided to us. This will result in an email from E-Box (who are hosting
our procurement website) containing instructions on accessing the site
where you will be able to download all PQQ documents and upload responses.
During the PQQ process there is no charge to use the E-Box extranet
portal, but please note that there shall be a small charge of 20 GBP per
month per user payable directly to E-Box for economic operators invited to
participate in dialogue. Bidders should note that the Descriptive Document
will also be made available on E-Box.
Section IV.3.4 - Expressions of interest must be by way of completion and
return of the pre-qualification questionnaire by the date and time
specified in Section IV.3.4. Submission of the pre-qualification
questionnaire must be made both through E-Box and by the delivery of three
copies on CD to the Authority at the address specified in Section I.1.
Commencement meetings with the three economic operators invited to
participate in dialogue will be held on, respectively, Monday 1.6.2009,
Tuesday 2.6.2009 and Wednesday 3.6.2009 in Ealing.
The Authority intends to make available a draft Invitation to Participate
in Dialogue via E-Box during the period of the PQQ process.
The Purchasing Authority is acting on behalf of the following
organisations:
Please refer to section VI.3 for further information.
(MT Ref:61257).
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: The London Borough of
Ealing, Perceval House, 14-16 Uxbridge Road, Ealing, UK-London W5 2HL.
E-mail: bsfprocurement@ealing.gov.uk. Tel. +44 2088256949. URL:
www.ealing.gov.uk.
Body responsible for mediation procedures:
Royal Courts of Justice, Strand, UK-London WC2A 2LL.
VI.4.2) Lodging of appeals: Precise information on deadline(s) for
lodging appeals: In accordance with Regulation 32 (Information about
contract award procedures and the application of standstill period prior
to contract award) and Regulation 47 (Enforcement of Obligations) of the
Public Contracts Regulations 2006.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 7.4.2009.
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