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UK-Barking: business and management consultancy and related services

Request For Proposals

General Information
Country:   United Kingdom
City/Locality:   BARKING
Notice/Contract Number:   eu:215567-2009
Publication Date:   Aug 4, 2009
Deadline:   Sep 4, 2009
Buyer:   LONDON BOROUGH OF BARKING & DAGENHAM
Original Language:   English

Contact Information
Address:   LONDON BOROUGH OF BARKING & DAGENHAM
BARKING, Outer London - East and North East
United Kingdom
Web Site:   www.barking-dagenham.gov.uk

Goods, Works and Services

 

Summary

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Notice Type: 22M0 - Contract notice
Regulation of Procurement: European Communities, with participation by GPA countries
EU Official Journal Publication: 147/2009, #215567-2009
Referenced Document Number: 253988-2007
Contract Nature: Service contract
Procedure Type: Competitive dialogue
Type of Bid Required: Global tender
Awarding Criteria: The most economic tender

Original Text

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CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): London Borough of Barking &
Dagenham, Town Hall, Essex, Attn: James Hodgson, UK-Barking IG11 7LU.
E-mail: BSF@lbbd.gov.uk.
Internet address(es):
General address of the contracting authority: www.barking-dagenham.gov.uk.
Further information can be obtained at: As in above-mentioned contact
point(s).
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
As in above-mentioned contact point(s).
Tenders or requests to participate must be sent to: As in above-mentioned
contact point(s).
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:
London Borough of Barking & Dagenham Building Schools for the Future
Programme.
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: Various sites in and adjacent to the
administrative area of the London Borough of Barking & Dagenham (and
possibly the administrative areas of the London Borough of Havering, and
Thurrock Council).
NUTS code: UKI21.
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 or
open to some or all of the contracting authorities.
It is envisaged that the LEP will provide (or arrange for the provision
of) and will be held accountable for the "Partnering Services" in the
London Borough of Barking & Dagenham (and possibly in the administrative
area of the London Borough of Havering and/or the administrative area of
Thurrock Council), which may include (but are not limited to) the
development of a strategic investment programme for:
(a) educational facilities, which will include the construction or
refurbishment of secondary schools and other educational sites/facilities
(including colleges of further education), and may include/extend to the
refurbishment of the existing primary school estate;
(b) community services and facilities, which may include housing, leisure
and sports facilities, retail, offices, workspaces/workshops and factories
as part of a wider regeneration project; and
(c) 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.
It is envisaged that 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) educational support services;
(ix) education programme development services;
(x) educational strategy services;
(xi) housing services;
(xii) leisure and sport services;
(xiii) apprenticeships;
(xiv) retail and/or office management services; and
(xv) services relating to the provision of factories and workshops, 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 Special Purpose
Vehicles ("SPV") 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 acceptable transitional
arrangements in relation to contracts awarded under this tender, for
example where the contracting authorities' existing arrangements are not
uniform in their expiry or transfer.
The LEP may also be required by the London Borough of Havering to deliver
its BSF Programme in the administrative area of the London Borough of
Havering. This may be delivered by a mixture of new build and
refurbishment under the Private Finance Initiative (PFI) and/or design and
build arrangements.
The London Borough of Havering BSF Programme may be delivered by the LEP
through Special Purposes Vehicles (“SPV”) 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 London Borough of
Havering may contract directly with the LEP or where an SPV is established
with the SPV.
The LEP may also be required by Thurrock Council to deliver its BSF
Programme in the administrative area of Thurrock. This may be delivered by
a mixture of new build and refurbishment under the Private Finance
Initiative (PFI) and/or design and build arrangements.
Thurrock Council's BSF Programme may be delivered by the LEP through
Special Purposes Vehicles (“SPV”) 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. Thurrock Council may contract
directly with the LEP or where an SPV is established with the SPV.
The LEP may also be required by Barking College to deliver works and/or
services at Barking College.
The contracting authorities have issued a separate contract notice for an
Information and Communications Technology (“ICT”) managed services
provider to provide ICT services, ICT assets and ICT infrastructure in
secondary schools. The provision of ICT services, ICT assets and ICT
infrastructure may be extended to primary schools, and other corporate
local authority services in the London Borough of Barking & Dagenham. The
London Borough of Havering and/or Thurrock Council may also exercise their
option to employ the services of the ICT managed services provider.
The LEP and the ICT managed services provider will be required to work
together to deliver the London Borough of Barking & Dagenham's BSF
Programme.
Further details are contained in the memorandum of information and
pre-qualification questionnaire (see section Vl.3 for details of how to
obtain these).
II.1.6) Common procurement vocabulary (CPV): 79400000, 45000000,
45111000, 45210000, 45214000, 45214200, 45314000, 50700000, 55524000,
70000000, 72514300, 79411000, 79418000, 79420000, 71000000, 71315000,
71541000, 79710000, 90911200, 79993000, 75200000, 77314000, 77320000,
80000000, 92610000, 98341140, 71314000, 71314200, 71314300, 70333000,
45211100, 75123000, 45212100, 45212110, 45212000, 71421000, 71420000,
80530000, 80500000, 80521000, 45213150, 45213221, 55000000, 45254200,
45213252.
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 70 000
000 GBP. Further projects arising in the first 6 year period may result in
the total estimated capital value (including the initial projects) being
approximately 350 000 000 GBP.
The Additional Services (such as other educational facilities, housing,
sport and leisure facilities, retail and office facilities,
workspaces/workshops, factories and the provision of apprenticeships)
which the LEP may provide as part of the LEP Partnering Services have an
estimated capital value of approximately:
625 000 000 GBP in respect of the London Borough of Barking & Dagenham
(See section VI.3 for further information);
350 000 000 GBP in respect of the London Borough of Havering BSF Programme
(subject to the London Borough of Havering's option to choose this LEP);
150 000 000 GBP in respect of Thurrock Council's BSF Programme (subject to
Thurrock Council's option to choose this LEP); and
100 000 000 GBP in respect of Barking College (subject to Barking
College's option to choose this LEP).
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 (exercisable during the initial 10-year
term) for a further 5 years.
Provisional timetable for recourse to these options: in months: 180 (from
the award of the contract).
Number of possible renewals: 1
in the case of renewable supplies or service contracts, estimated
timeframe for subsequent contracts: in months: 60 (from the award of the
contract).
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 or other forms of
appropriate security. Further details will be provided in the
pre-qualification and tender documentation.
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 PFI.
Further details will be provided in the pre-qualification and tender
documentation.
Pursuant to the formation of the Treasury Infrastructure Unit by the HM
Treasury, PFI project(s) under this notice will be eligible for Treasury
loans, where insufficient private sector funding is available on
acceptable terms to allow the PFI project(s) to reach financial close on a
timely basis.
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 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 an 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 LEP, third party equity providers and supply chain members.
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, apprenticeships, training 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: The London
Borough of Barking & Dagenham will evaluate all responses to the
pre-qualification questionnaire 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. If there are more eligible
bidders than is required, the London Borough of Barking & Dagenham will,
under regulation 18(12) of the Public Contracts Regulations 2006, use the
same questions, criteria, scoring and weighting as is already set out in
the pre-qualification questionnaire to identify those who will proceed to
the next stage. The London Borough of Barking & Dagenham will select
through to the next stage of the competition the top 3 eligible bidders
plus any further eligible bidders scoring equally with any of the top 3
scoring eligible bidders (for example, if there is a first, second and two
bidders scoring equal third).
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating if requirements are met: See section III.2.1
above. 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: Construction companies
must have a minimum turnover of 200 000 000 GBP per annum, as further set
out in the pre-qualification questionnaire.
Facilities management providers must have a minimum turnover of 15 000 000
GBP per annum, as further set out in the pre-qualification questionnaire.
Bidders must have clearly defined health and safety policies and training
programmes, as further set out in the pre-qualification questionnaire.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
See section III.2.1 above. In accordance with Articles 48 to 50 of
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.
III.2.4) Reserved contracts: No.
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1) Execution of the service is reserved to a particular profession:
No.
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:
Financial - 30 %;
Commercial - 10 %;
Quality, health and safety, environment, employees - 10 %;
Project specific experience - 25 %; and.
Experience and Technical capacity (partnership working) - 25 %.
Further details are set out in the pre-qualification questionnaire.
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.3.1) File reference number attributed by the contracting authority:
LBBDBSF-09.
IV.3.2) Previous publication(s) concerning the same contract: Prior
information notice
Notice number in OJ: 2007/S 209-253988 of 30.10.2007.
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: 4.9.2009 - 16:00.
Payable documents: no.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
4.9.2009 - 16:00.
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up: English.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1) THIS IS A RECURRENT PROCUREMENT: No.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU
FUNDS: No.
VI.3) ADDITIONAL INFORMATION: There will be an open day held on Wednesday
12.8.2009 at the Sydney Russell School, Parsloes Avenue, Dagenham, London
RM9 5QT. If you wish to attend this open day please contact Antoinette
Antoine at BSF@lbbd.gov.uk.
Section l.1 - London Borough of Barking & Dagenham is acting as lead
contracting authority on behalf of the following contracting authorities
(and their statutory successors and organisations created as a result of
reorganisation or organisational changes):
(i) BSF Investments LLP (BSFI), 8-10 Great George Street, London SW1P 3AE;
(ii) Voluntary aided and voluntary controlled schools (and their
respective Governing Bodies) to be established in, or which border on, the
administrative area of the London Borough of Barking & Dagenham. In
particular, All Saints Catholic School and Technology College, and
Dagenham Park Community Secondary School;
(iii) Diocesan Authorities;
(iv) The Learning and Skills Council;
(v) Academies, foundation schools or foundation partnerships that may be
established in the area of the London Borough of Barking & Dagenham or
other neighbouring local authorities;
(vi) Barking College;
(vii) London Borough of Havering;
(viii) Thurrock Council;
(ix) Barking Riverside Limited;
(x) Thames Gateway Corporation; and
(xi) Joint venture partnerships between the London Borough of Barking &
Dagenham and a third party.
BSF Investments LLP has been established by the Department for Children,
Schools and Families and Partnerships UK as the body which will invest
equity in the LEP. More information on the BSF initiative is set out in
the Memorandum of Information ("MOI") available from the contact in
section I.1 who will provide access to the E-box document management
system.
Section 1.2 - additional types of contracting authority: National
agency/office, body governed by public law.
Section ll.1.2(c) - additional services categories: 7, 12, 14, 17, 23, 24,
25, 26, 27.
Section ll.1.9 - The London Borough of Barking & Dagenham reserves the
right to allow variant bids. The process for any variant bids that are
permitted will be set out in the tender documentation.
Section II.2.1 - Quantity or Scope of the Contract: The London Borough of
Barking & Dagenham's BSF Programme is currently valued at approximately
350m GBP. In respect of the wider Partnering Services (i.e. the potential
additional services) the LEP may be required to procure, the estimated
capital values are as follows:
(i) the refurbishment of Barking and Dagenham's existing primary school
estate has an estimated capital value of 90m GBP;
(ii) works and services relating to Barking College has an estimated
capital value of 100m GBP;
(iii) the London Borough of Barking & Dagenham may also jointly procure
(in partnership with the London Borough of Havering) the construction of a
new school bordering the London Borough of Havering and the London Borough
of Barking & Dagenham. This particular project, if procured, has an
estimated capital value of 40m GBP;
(iv) children's services (including (but not limited to) sport and leisure
facilities) have an estimated capital value of 200m GBP;
(v) it is envisaged that any housing/housing services that the LEP may
provide will have a capital value of approximately 145m GBP;
(vi) facilities management and lifecycle services have a combined
estimated capital value of 50m GBP;
(vii) the estimated capital value of the London Borough of Havering BSF
Programme is 350m GBP;
(viii) the estimated capital value of Thurrock Council's BSF Programme is
150m GBP; and
(ix) the capital value for the provision of apprenticeships, and the
capital value of other educational facilities/sport and leisure
facilities, retail and office facilites, workspaces/workshops and
factories is estimated at 100m GBP.
Sections 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 10.2.2011 (approximately) 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 other agreements flowing from the partnership may
extend beyond this period. The LEP may be required to choose its supply
chain members through appropriate competitions and the London Borough of
Barking & Dagenham reserve the right not to procure all elements of the
services/project through the LEP.
Following introduction of the Minimum Design Standard (MDS) within the BSF
programme from 13.5.2009 the contracting authorities require bidders to
demonstrate that proposed designs for sample school schemes (sample school
schemes being the representative selection of the types of schools to be
rebuilt or refurbished as part of the contracting authorities BSF
Programme) will meet the MDS. The MDS have been jointly developed by the
DCSF, PfS and Commission for Architecture and the Built Environment
(CABE).
Bidders’ designs submitted during the procurement process will be assessed
against the MDS criteria at the following intervals:
(i) submission of initial bids;
(ii) final bids; and
(iii) at the planning application stage (when the selected bidder has been
appointed but before the planning application has been determined). If
Bidders' designs do not meet the MDS, Bidders will be required to develop
their designs further until the MDS is achieved. PfS will not approve the
contracting authorities' final business case until the MDS is achieved.
Further information on the MDS evaluation criteria and MDS generally can
be found at www.cabe.org.uk. Further information is available within the
Descriptive Document and the Invitation to Participate in Dialogue.
Section IV.3.3 - the Pre-Qualification Questionnaire ("PQQ") and MOI are
available upon request for download from the E-Box document management
system from the date of despatch of this notice to 4.9.2009. Expressions
of interest must be made by way of completion and return of the PQQ by the
date and in the manner specified in the PQQ documents.
It is anticipated that the Invitation to Participate in Dialogue will be
sent to short-listed bidders by 30.9.2009.
Section IV.3.4 - expressions of interest must be by way of completion and
return of the PQQ by the date and time specified in section IV.3.4. In
relation to part IV.1.2, the envisaged number of operators are an
intention only.
On 30.3.2004, the London Borough of Barking & Dagenham entered into a 25
year grouped schools PFI contract for the construction of the Jo
Richardson Community School and the carrying out of works at Eastbury
Comprehensive School. The BSF investment in Jo Richardson Community School
and Eastbury Comprehensive School will be delivered outside the LEP as a
variation to the exisiting grouped PFI contract.
The London Borough of Barking & Dagenham has decided to deploy E-Box to
manage the procurement process for the London Borough of Barking &
Dagenham BSF Programme. The E-Box document management system will be used
throughout the procurement process. For access to E-box please use the
contact address in section I.1. Please indicate in your correspondence the
name(s), address, contact telephone number(s) and e-mail address(es) of
your lead officer(s). Following receipt of Bidders' request to participate
in the tendering process, Bidders will receive an e-mail from E-Box with
instructions on enrolling in and accessing the site. The instructions will
enable you to download all documents from the site and upload your
responses. During the PQQ process there is no charge for this service. All
Bidders who are invited to participate in dialogue will incur a charge of
20 GBP (excluding VAT) per month per user payable to E-Box. The E-Box
document management system will be used as the portal for all contract
documents up to the award of the contract.
Bidders should note that all PQQ, ITPD or ITCD submissions should, in the
first instance, be submitted via the E-Box document management system.
Bidders should also submit one bid in hardcopy (in A4) and one copy on CD
Rom to the address specified in the PQQ, ITPD or ITCD documents.
The London Borough of Barking & Dagenham reserves the right to require a
funding competition. The London Borough of Barking & Dagenham reserves the
right to permit changes to consortium membership. The London Borough of
Barking & Dagenham reserves the right to change without notice the
procedure for awarding the contract, to reject all or any bids for the
contract, to terminate discussions with any or all interested bidders
and/or to stop the process and not award a contract at any time without
any liability on its part.
Nothing in this contract notice or procurement competition shall generate
any contractual obligations prior to any signature of final contracts. The
London Borough of Barking & Dagenham is a public authority under the
Freedom of Information Act 2000 (the "Act"). As part of its duties under
the Act, the London Borough of Barking & Dagenham may disclose information
to a person making a request unless the information is covered by an
exemption under the Act. The London Borough of Barking & Dagenham is
required to determine whether the public interest in maintaining the
exemption from disclosing it outweighs the public interest in disclosing
it. Prospective bidders should state in their submissions whether or not
they consider the information supplied, if disclosed to a third party,
would be prejudicial to their commercial interest and, if so, the reasons
for such a view. These views will be taken into consideration by London
Borough of Barking & Dagenham when deciding whether to disclose
information.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: Any appeals under this
process should be addressed to the contact in section I.1..
Body responsible for mediation procedures:
Any appeals under this process should be addressed to the contact in
section I.1..
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.4.3) Service from which information about the lodging of appeals may
be obtained: Any appeals under this process should be addressed to the
contact in section I.1..
VI.5) DATE OF DISPATCH OF THIS NOTICE: 31.7.2009.
Please note that this notice is for your information only.
We try our best to have the most accurate and up-to-date information available on our web site, but we cannot guarantee that all of the information provided is error-free.
If you have any suggestions for updates/corrections for this notice, please let us know.