CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): Portsmouth City Council,
Building Schools for The Future Office, Floor 2, Civic Offices, Guildhall
Square, Contact: Mike Fowler, Attn: BSF Project Team, UK-Portsmouth PO1
2EA. Tel. +44 2392841207. E-mail: bsf@portsmouthcc.gov.uk. Fax +44
2392841208.
Internet address(es):
General address of the contracting authority:
http://www.portsmouth.gov.uk/procurement/index.html.
Further information can be obtained at: Portsmouth City Council, Building
Schools for the Future Floor 2, Civic offices, Guildhall Square, Attn:
Mike Fowler, UK-Portsmouth PO1 2EA. Tel. +44 2392841207. E-mail:
bsf@portsmouthcc.gov.uk. Fax +44 2392841208. URL:
http://www.portsmouth.gov.uk/learning/11553.html.
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
Portsmouth City Council, Building Schools for the Future Floor 2, Civic
offices, Guildhall Square, Attn: Mike Fowler, UK-Portsmouth PO1 2EA. Tel.
+44 2392841207. E-mail: bsf@portsmouthcc.gov.uk. Fax +44 2392841208. URL:
http://www.portsmouth.gov.uk/learning/11553.html.
Tenders or requests to participate must be sent to: Portsmouth City
Council, Building Schools for the Future Floor 2, Civic offices, Guildhall
Square Portsmouth, Attn: Mike Fowler, UK-Portsmouth PO1 2EA. Tel. +44
2392841207. E-mail: bsf@portsmouthcc.gov.uk. Fax +44 2392841208. URL:
http://in-tendhost.co.uk/portsmouthcc.
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:
Portsmouth City Council Building Schools for the Future - Creation of a
Local Education Partnership (LEP).
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: Portsmouth.
NUTS code: UKJ.
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 the contracting authorities. The LEP will provide (or arrange
for the provisions of) "Partnering.
Services", which will include (but not limited to) the development of a
strategic investment programme for educational facilities and other
facilities ("Relevant Facilities") in the contracting authorities area.
These Partnering Services may 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 / design 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; and (x) educational strategy services; for a period
of up to 15 years.
The Building Schools for the Future programme at Portsmouth is likely to
include 12 of the city's secondary schools. 4 will be PFI schools, a
further 7 will involve varying levels of design and build refurbishment
delivered via the LEP. The remaining school is an existing PFI school and
any building refurbishments will be delivered under the existing
agreement. Provision of Hard Facilities Management Services is likely to
be required for most of the schools designated as Design and Build
schemes. A separate procurement (conducted in parallel) is being
undertaken for the provision of Information and Communications Technology
("ICT") services to schools, which is likely to include the capital
provision and the operation of a managed services for some 11 schools. The
LEP and the ICT managed services provider will be required to commit
contractually to work together to deliver the Portsmouth City Council BSF
programme.
The Portsmouth project appears in wave 6 of the national BSF programme and
it is envisaged the Portsmouth projects will be spread over 3 phases. 2
sample schemes have been identified, one PFI and one design and build
refurbishment. Initial designs of all 12 projects have been produced by
the Authority, bidders will be required to comment on the designs and may
be required to further develop the plans and ensure that they are
affordable and deliverable. The Award of phase 2 and 3 works will be
contingent on satisfactory performance on the sample schools / previous
phases. The City Council are open to proposals from bidders on how the
programme may be accelerated.
In addition to the BSF programme, if successful the LEP may be asked to
provide some additional services. The additional services fall within the
following categories: (1) The Portsmouth City Council Primary Capital
Programme; (2) Capital & Service provision defined by the Isle of Wight
council including educational establishments; (3) Capital and Service
provision defined by the further education colleges in Portsmouth; (4)
Education and other services required by other Local Authorities in the
South of England.
In addition Portsmouth City Council may consider in due course the
provision of other services (relevant facilities) currently provided by
Portsmouth City Council . The following (non-exhaustive) list is an
example of the services : the Relevant Facilities may include management
and operation of some or all of the following facilities or public
services:
(a) educational facilities (including secondary schools and may include
primary schools, academies, and trust schools);
(b) CCTV;
(c) Local Authority or School Education Services;
(d) Community Wardens;
(e) Council Tax;
(f) Enterprise Centre's (including Portsmouth Craft & Manufacturing
Industries);
(g) Entertainment & Leisure Management;
(h) Environmental Services;
(i)Grounds Maintenance (parks and recreation);
(j) HR Services;
(k) Insurance Services; (l) PCC and school ICT Services;
(m) Legal Services;
(n) Libraries;
(o) Local Taxation;
(p) Museums;
(q) Parking Services;
(r) Port operational Services;
(s) Procurement;
(t) Property Services;
(u)Youth Services.
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, and
support services (this list is not exhaustive) where the authorities
existing arrangements are either transferred or expire.
The main focus of the programme is for delivery of services to the BSF
schools, however in the interests of developing a long term partnership,
the scope has been expanded to include additional services. The award of
any additional services will be contingent on satisfactory performance of
the BSF project and with the agreement of both parties.
In evaluating bid submissions from prospective Bidders, Portsmouth City
Council will prioritise importance on the provision of the services in the
following order:
1) Portsmouth City Council BSF programme
2) Additional services for Portsmouth City Council Primary and Further
Education Sectors and for the Isle of Wight BSF programme
3) BSF and other services for Other Local Authorities
4) Additional non education services for Portsmouth City Council.
Further details are contained in the Descriptive Document and pre
qualification questionnaire (PQQ). These are available via the Portsmouth
City Councils' e-tendering system Intend the URL address for the site is
specified in section I.1.
II.1.6) Common procurement vocabulary (CPV): 79400000, 45210000,
71220000, 79993000, 79993100, 45261900, 45261920, 50324200, 50513000,
50531100, 50531200, 50532000, 92222000, 85311300, 75200000, 79941000,
44423400, 79952000, 92621000, 92622000, 55523000, 90700000, 90720000,
66000000, 77314000, 79414000, 66510000, 79100000, 79995000, 92500000,
92511000, 63712400, 98351110, 63721200, 79418000, 70331000, 70332000,
80310000, 45000000, 45111000, 45214000, 45214200, 45453100, 50700000,
55524000, 71240000, 71315000, 71541000, 77320000, 79411000, 79420000,
79710000, 80000000, 90911200, 92610000, 98341140, 70000000, 72222300.
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 £35
million. Further projects arising in the first 5 year period may result in
the total estimated capital value of the BSF programme (including the
initial projects / sample schools) being approximately 180 000 000 GBP.
Additional capital projects which may be delivered though the LEP have an
estimated value of 25 000 000 GBP (Primary Capital Programme).
Provision of the additional services as defined in II.3 for delivery for
the Isle of Wight Council may have a value of 150 000 000 GBP; possibly
200 000 000 GBP for other Local Authorities and 50 000 000 GBP for further
education establishments wishing to use the LEP.
The value of the additional services/relevant facilities to Portsmouth
City Council is approximately £150 million per annum. The estimated value
of this element of the contract is in the region of 1,125 million GBP
(based on an assumed contract term of 7.5 years) but is dependant on the
start date and contract term. The nature of the provision of these
services will be agreed between the LEP and the Contracting Authority.
To summarise the above, the range has been calculated as follows:
Portsmouth City Council Sample Schools = 35 000 000 GBP .
Portsmouth City Council full BSF programme = 180 000 000 GBP (this figure
includes the £35million for the Sample Schools.
Portsmouth City Council Primary Capital Programme = 25 000 000 GBP.
Isle of Wight BSF & Other service provision = 150 000 000 GBP.
Further Education establishments in Portsmouth = 50 000 000 GBP.
Other Local Authority BSF & Other services provision = 200 000 000 GBP.
Portsmouth City Council Additional Services = 1,125 million GBP.
Please note that the lower down in the list the additional service appears
the less likely the service will be required by the partner.
Estimated value excluding VAT:
Range: between 35 000 000 and 1 730 000 000 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 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. As defined in the 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 private
finance initiative (PFI).
Where the Contracting Authority is able to demonstrate eligibility for the
provision of debt finance from the HM Treasury Infrastructure Finance Unit
(TIFU), it may use this for funding its PFI project(s) in addition to or
in the absence of acceptable private sector funding. Portsmouth City
Council may seek to use alternative funding streams if required, for
example funds raised via Capital Borrowing or Capital Grants.
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 and supply chain
initiatives specified by the contracting authority. Accordingly contract
performance conditions may relate in particular to social and
environmental considerations. Further details are specified in the
Descriptive Document.
The LEP and its supply chain will be required to work in partnership with
the BSF ICT services provider to deliver the Portsmouth City Council BSF
programme.
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 via the Intend, e-tendering
system available via the URL specified 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 available via the Intend, e-tendering system available via
the URL specified in Section I.1.
Minimum level(s) of standards possibly required: Bidders should be advised
that the following minimum insurance levels are required.
Employer's Liability £10million.
Public Liability £5million.
Professional Liability / Indemnity 10 000 000 GBP.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
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 available via the Intend, e-tendering
system available via the URL specified in Section I.1.
Minimum level(s) of standards possibly required:
As set out in the pre qualification questionnaire.
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: 3
Objective criteria for choosing the limited number of candidates:
Partnering Experience - overall weighting is 35 %.
Design, development, and Operations - overall weighting is 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 %.
Further details are set out in the pre qualification questionnaire and pre
qualification evaluation matrix available via the Intend, e-tendering
system available via the URL specified 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.3.1) File reference number attributed by the contracting authority:
BSF/016XXPR/070012P/09/T.
IV.3.2) Previous publication(s) concerning the same contract: Prior
information notice
Notice number in OJ: 2009/S 087-125675 of 7.5.2009.
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: 30.10.2009 - 12:00.
Payable documents: no.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
30.10.2009 - 12:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to
selected candidates: 16.11.2009.
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: Portsmouth City 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): BSF Investments LLP, 7th
Floor, 8-10 Great George Street, London, SW1P 3AE and : School Governing
Bodies; Further education colleges in the Portsmouth area (including
Portsmouth College, Tangier Road, Portsmouth PO3 6PZ. Highbury College,
Dovercourt Road, Portsmouth PO6 2SA); Voluntary Aided Schools; Diocesan
authorities; Academies established or to be established in the areas of
Portsmouth: City Technology Colleges; Foundation Schools; Foundation
Partnerships; Learning and Skills Council; Local Health Organisations
(Portsmouth City Primary Care Trust, St James' Hospital, Locksway Road,
Milton, Portsmouth, PO4 8LD)and the Isle of Wight Council, County Hall,
High Street, Newport, Isle of Wight, PO30 1UD. 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 BSF initiative is
available from http://www.partnershipsforschools.org.uk/index.jsp .
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. Sections 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 commencing in early 2011 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.
Following introduction of the Minimum Design Standard (MDS) within the BSF
programme from 13th May 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). Bidders’
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 is achieved. Where appropriate, non-sample schemes 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
and MDS generally can be found at www.cabe.org.uk .
Section IV.3.2 A Prior Information Notice placed on 7.5.2009 by the
contracting authority refers to the combined procurement route for
partnering services and formation of the LEP and provision the ICT managed
services, and may be used for information purposes. The programme has
since been split into two separate procurements, being conducted in
parallel.
Section IV.3.3.The PQQ and Descriptive Document are available for
suppliers to view from the address specified in Section I.1, the
Portsmouth City Council Intend, e-tendering system, from the date of
despatch of this notice until 30.10.2009, 12:00 hrs. It is anticipated
that the invitation to participate in the dialogue be sent to short listed
bidders by 16.11.2009.
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.
Bidders are required to register their company details on the Intend
system, no charge is made for registration or access to this system. Full
details and user guides on how to register and operate the system can be
found from the Portsmouth City Council website in Section I.1. Training
days on how to operate the Intend system will be made available to bidders
requesting assistance. Please use the contact details in Section I.1 to
request supplier training dates.
Portsmouth City Council reserves the right to ask bidders to self evaluate
their submission at various stages throughout the competitive dialogue
process. Further details will be made available in the tender
Documentation.
Section IV.3.4 - Economic Operators wishing to participate should obtain a
Pre Qualification Questionnaire from the address specified in Section I.1,
complete it and via the Intend e-tendering system by the date specified.
Interviews may be held to clarify submissions made by Bidders on a PQQ
return, between the 2nd November and the 6th November 2009, therefore
bidders should please ensure that they are available during this period if
required.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: Portsmouth City Council,
Civic Offices, UK-Portsmouth PO1 2BJ.
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 periods prior
to award) and Regulation 47 (Enforcement of Obligations) of the Public
Contracts Regulations 2006.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 23.9.2009.
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