CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): Halton Borough Council on
behalf of itself and the Contracting Authorities (as defined in Section
VI.3), Municipal Buildings, Kingsway, Contact: Catriona Gallimore, Attn:
Daniel Hennessy, UK-Widnes WA8 7QS. Tel. +44 1519064808. E-mail:
bsffeedback@halton.gov.uk. Fax +44 1514717321.
Internet address(es):
General address of the contracting authority: www.halton.gov.uk.
Further information can be obtained at: Halton Borough Council BSF Team,
Children and Young People's Directorate, Chester 3, Grosvenor House,
Halton Lea, Contact: Catriona Gallimore, Attn: Daniel Hennessy, UK-Runcorn
WA7 2WD. Tel. +44 1519064808. E-mail: bsffeedback@halton.gov.uk. Fax +44
1514717321. URL: http://www.halton.gov.uk.
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
Halton Borough Council BSF Team, Children and Young People's Directorate,
Chester 3, Grosvenor House, Halton Lea, Contact: Catriona Gallimore, Attn:
Daniel Hennessy, UK-Runcorn WA7 2WD. Tel. +44 1519064808. E-mail:
bsffeedback@Halton.gov.uk. Fax +44 1514717321. URL:
http://www.halton.gov.uk.
Tenders or requests to participate must be sent to: Halton Borough Council
BSF Team, Children and Young People's Directorate, Chester 3, Grosvenor
House, Halton Lea, Contact: Catriona Gallimore, Attn: Daniel Hennessy,
UK-Runcorn WA7 2WD. Tel. +44 1519064808. E-mail:
bsffeedback@Halton.gov.uk. Fax +44 1514717321. URL:
http://www.halton.gov.uk.
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Regional or local authority.
General public services.
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:
Halton Borough Council and Warrington Borough Council Building Schools for
the Future Project.
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: The administrative areas of Halton and
Warrington Borough Councils and adjacent areas.
NUTS code: UKD21.
II.1.3) The notice involves: A public contract.
II.1.5) Short description of the contract or purchase(s): The Contracting
Authorities (as defined in Section VI.3) 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 the Contracting Authorities.
The LEP will provide (or arrange for the provisions of) "Partnering
Services", which will include (but not be limited to) the development of a
strategic investment programme for some or all of the following areas and
facilities:
(a) educational facilities including but not limited to secondary schools;
special educational needs schools; post 16 educational facilities;
libraries; pupil referral units; primary schools; and nursery and
kindergarten schools; children’s services; adult and community services
and facilities to provide lifelong community, family learning and
education; and services and facilities ancillary, incidental or related to
or enhancing of the educational facilities;
(b) recreational cultural and sporting facilities to include but not be
limited to cultural gallery space, museums, theatre space and community
leisure centres;
(c) health services and facilities to include but not be limited to
general, medical practitioner surgeries and consultation facilities;
pharmacy services and facilities; and polyclinics;
(d) 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 including
ICT equipment systems and services which are designed, implemented,
serviced and maintained to provide a fully integrated service across all
or any of the relevant facilities and services;
(ix) educational support services;
(x) education programme development services;
(xi) educational strategy services;
(xii) services of the like character to the above and/or including
services which are incidental, ancillary, related to or enhancing of the
above listing of the services; and
(xiii) any additional services which may encompass, as appropriate,
initiatives in relation to Pan-Government joint/shared services and
collaborative working.
The Partnering Services will be provided for a period of up to 15 years,
save that the ICT Services shall be provided for a period of up to 10
years (initially 5 years). The PFI facilities management services shall be
provided for up to 25 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 ('SPVs') established by the LEP. Where an SPV is
established, the shareholders in such SPV may include the LEP, the
Contracting Authorities, 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 not being exhaustive) where the Contracting Authorities' existing
arrangements are either transferred or expire.
Further details are contained in the Descriptive Document and Pre
Qualification Questionnaire (PQQ) (see section VI.3 for details of how to
obtain these documents).
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, 98341140, 85100000,
85120000, 85121100, 85149000, 85140000, 85000000.
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 167 000
000 GBP. Further projects arising in the first 10 year period may result
in the total estimated capital value (including the initial projects)
being approximately 500 000 000 GBP. The estimated capital value for the
whole period is 500 000 000 GBP.
Estimated value excluding VAT:
Range: between 167 000 000,00 and 500 000 000,00 GBP.
II.2.2) Options: Yes.
Description of these options: The partnering contract between the private
sector and the Contracting Authorities will be for a period of 10 years
with an option (exercisable during the inital 10 year term) for a further
5 years.
Number of possible renewals: 1.
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 private
finance initiative (PFI). Where the Contracting Authorities are able to
demonstrate eligibility for the provision of debt finance from the HM
Treasury Infrastructure Unit (TIFU), it may use this for funding its PFI
project(s) in addition to or in the absence of acceptable private sector
funding.
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 a 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 and supply chain
initiatives, development of sustainable buildings and services and raising
educational attainment. Accordingly public 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 and 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 as described in Section VI.3.
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 Regulations 24 of the Public
Contracts Regulations 2006 and as set out in the pre qualification
questionnaire available as described in Section VI.3.
Minimum level(s) of standards possibly required: As set out in the
pre-qualification questionnaire available as described in Section VI.3.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
In accordance with Article 48 to 50 of Directive 2004/18/EC and
Regulations 25 of the Public Contracts Regulations 2006 and as set out in
the pre qualification questionnaire available as described in Section
VI.3.
Minimum level(s) of standards possibly required:
As set out in the pre-qualification questionnaire available as described
in Section VI.3.
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: Objective criteria for choosing the limited
number of candidates: Partnering Experience - overall weighting is 35 %.
Design, development, operations and ICT - overall weighting in 25 %.
Financial and economic standing - overall weighting is 20 %.
Commercial matters - overall weighting is 10 %.
Quality, health and safety, environmental protection, employees and
equality in the workplace - overall weighting is 10 %.
Please also see the pre-qualification questionnaire and evaluation matrix
available as described in Section VI.3.
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: No.
IV.3.3) Conditions for obtaining specifications and additional documents
or descriptive document: Payable documents: no.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
25.9.2009 - 12:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to
selected candidates: 23.10.2009.
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 1.9.2009
at Stobart Stadium, Halton, Lowerhouse Lane, Widnes, Cheshire, WA8 7DZ.
If you wish to attend this open day please contact Daniel Hennessy at the
address shown in Annex A.
Section I.1.
Halton Borough Council is acting as lead Contracting Authority on behalf
of the following contracting authorities (and their statutory successors
and organisations created as a result of re-organisation or organisational
changes) ('the Contracting Authorities'):
(1) Warrington Borough Council, located at Town Hall, Warrington WA1 1UH;
(2) BSF Investments LLP having its registered address at 7th Floor, 8-10
Great George Street, London SW1P 3AE;
(3) Other bodies established or to be established in the areas of Halton
and Warrington Borough Councils and adjacent areas with responsibility for
education and/or educational facilities including but not limited to:
(i) Governing Bodies of Community Schools;
(ii) Voluntary Aided Schools (and their governing bodies);
(iii) Diocesan and Archdiocesan Authorities and Trusts;
(iv) Academies;
(v) City technology colleges and/or City Learning Centres;
(vi) Foundation Schools and Foundation Partnerships (and their governing
bodies);
(vi) Learning and Skills Council;
(4) Local Health Organisations of Halton and Warrington Borough Councils
including but not limited to Halton and St Helens PCT and Warrington PCT;
BSF Investments LLP has been established by the department of Education
and Skills (now the 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 generally is available from
www.bsf.gov.uk.
Section I.2.
Additional types of Contracting Authority: national
agencies/offices/bodies governed by public law.
Section II.2(c) – Additional service categories: 7, 12, 14, 17, 23, 24,
25, 26, 27.
Section II.1.6.
The list of CPV codes is not exhaustive.
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 they are in accordance
with the tender/ contract documents.
Section II.2.2 and II.3 – The partnering contract between the private
sector and the Contracting Authorities will be for a period of 10 years
anticipated to commence in February 2011 with an option to extend for the
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 Agreement flowing from the
partnership may extend beyond this period. Following the introduction of
the Minimum Design Standard (MDS) within the BSF programme from 13.5.2009
the Contracting Authorities require that the final 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 project) meet the MDS. The MDS has been
jointly developed by the DCSF, PfS and the Commission for Architecture and
the Built Environment (CABE). Bidder’s designs submitted during the
procurement process will be assessed by the CABE Design Review Panel
against the MDS grading 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).
Designs which do not meet the MDS will need to be amended or developed
further until they meet the MDS “pass” or “very good” grading criteria.
PfS will not approve the selected bidder’s final business case until the
MDS has been achieved. Where appropriate, non-sample scheme schools will
also be required to meet the MDS as part of the process for approving and
developing new projects. Further information on the MDS grading criteria
can be found at www.cabe.org.uk. Further information is also available
within the Descriptive Document and Invitation to Participate in Dialogue.
Section IV 3.3.
The PQQ and Descriptive document are only available via a secure extranet
portal. The E-Box extranet portal will be used throughout the procurement
process for all contract documents for this project up to the
establishment of the LEP. During the pre-qualification process there is no
charge to bidders for the use of E-Box. Following Prequalification
responses, organisations invited to Participate in Dialogue and beyond
will be charged 20 GBP per month per user which will be invoiced to and
payable by the bidder directly E-Box. In declaring an interest in this
procurement process the bidder agrees to the use of E-Box.
For access to the secure portal, bidders should register an interest by
sending an email to bsffeedback@halton.gov.uk. Please indicate in the
email the name(s), address, contact telephone number(s) and email
address(es) of the bidder’s lead officer(s). In response, the bidder will
receive an email from E-box with instructions on enrolement and access to
the secure portal. This will enable the bidder to download all PQQ and
Information Memorandum documents.
It is anticipated that the Invitation to Participate in Dialogue will be
sent to short listed bidders on or before 23.10.2009.
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.
Section IV.3.4 – Economic Operators wishing to participate should obtain a
Pre Qualification Questionnaire in accordance with the instructions above,
complete it and return it to that address by the date and time specified
in Section IV.3.4.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: Halton Borough Council,
Municipal Buildings, Kingsway, UK-Widnes WA8 7QS. E-mail:
daniel.hennessy@halton.gov.uk. Tel. +44 1519064808. URL:
http://www.halton.gov.uk. Fax +44 1514717321.
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 and award procedures and the application of a standstill period
prior to contract award) and Regulation 47 (Enforcement and Obligations)
of the Public Contracts Regulations 2006.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 17.8.2009.
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