CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): Isle of Wight Council,
Highways PFI Project Team, 1 Langley Court, Isle of Wight, Contact:
Highways PFI Project Team, Attn: David Stilwell, Newport PO30 1LA, UNITED
KINGDOM. Tel. +44 1983821000. E-mail: highways-pfi@iow.gov.uk.
Internet address(es):
General address of the contracting authority: www.iwight.com.
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.
The contracting authority is purchasing on behalf of other contracting
authorities: no.
SECTION II: OBJECT OF THE CONTRACT
II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority:
Isle of Wight - Highways PFI.
II.1.2) Type of contract and location of works, place of delivery or of
performance: Services.
Service category: No 1.
Main place of performance: Isle of Wight.
NUTS code: UKJ34.
II.1.3) The notice involves: A public contract.
II.1.5) Short description of the contract or purchase(s): The Isle of
Wight Council, a Unitary Authority of the South Coast of England,
currently requires a service provider to provide the management of the
Isle of Wight Highways network, including the major rehabilitation and
maintenance of the roads and associated assets during a Core Investment
Period, and then undertake ongoing lifecycle maintenance for the remainder
of the contract term, which is currently expected to be approximately 25
years. The contract will transform the Island’s highway network whilst
providing benefits for the local community and act as a cornerstone to
enhance the economic prosperity of the Island in line with the Authority's
strategic objectives.
The project will be based on a ‘fence to fence’ approach and services may
include, but not be limited to:
— Management, refurbishment and maintenance of all publicly maintained
rural and urban roads including A, B, C classified and all unclassified
roads including structures, kerbs, cycleways and footways, verges and the
road drainage system. The only roads on the island that will not be
included in the project are those which are unadopted,
— Ongoing lifecycle, routine and winter maintenance and operation of all
associated assets,
— Assessment and provision of containment in line with national standards
of parapets, piers, bridge soffits and retaining walls,
— Upgrade of structures to 40 Tonne capacity,
— Upgrade/replacement and maintenance of all traffic signals,
streetlighting columns, illuminated bollards and safety cameras,
— Lifecycle, routine maintenance and operation of CCTV control room and
cameras,
— Amenity and highway verge cutting, weed control, street cleansing,
ditching, quartering, drain and gully cleansing,
— Capital, maintenance and development works to both on and off-street car
parks,
— Capital and routine maintenance to on and off street parking meters,
— Comments on relevant planning applications and implementing adoption
procedures,
— Undertaking highway condition surveys, asset data collection and
provision of National Indicator data and updating of Transport Asset
Management Plan,
— General highway and land drainage consultation and advice,
— Installation and maintenance of coastal (including Geotechnical)
monitoring equipment,
— Emergency callouts for fallen trees, flooding, etc,
— Enforcement of overhanging vegetation, obstructions, illegal footway
crossings, safety cameras and abandoned vehicles (not through courts),
— Issuing of relevant permissions and licenses under statute regulations
and Authority policy, procedures and directions.
— Dealing with customer reports and complaints, third party insurance
claims, business and financial support, maintenance of Local Street
Gazetteer and highway inspections,
— Stakeholder Management,
— Grounds and tree maintenance,
— UMTS Services,
— Design and construction of improvement schemes,
— Civil emergencies,
— Operation and maintenance of Yarmouth swingbridge,
— Refurbishment and maintenance of signs, bollards, barriers, railings and
street furniture etc,
— Updating and maintenance of network traffic model,
— Any other highway related services yet to be determined.
Detailed asset inventory and condition information is available. The Isle
of Wight road network will be the first largely rural network with
non-standard vehicle growth patterns to adopt a PFI delivery methodology.
The opportunity, therefore, exists to establish a contract that is best
suited to the requirements of the island. A more detailed description of
the Project is included in the Memorandum of Information, a copy of which
will be provided along with a Pre-Qualification Questionnaire (PQQ) to
those organisations expressing an interest by e-mailing such to the
contact point in I.1 no later than 2pm on 13.4.2010; notwithstanding this,
the PQQ and MOI shall be available on request from the date of publishing
of this notice. NB – in order for a completed PQQ to be evaluated by the
Authority and therefore considered for the later tender stages, a
completed PQQ must be received by the Authority in accordance with the
instructions in the PQQ, no later than 2pm on 20.4.2010.
II.1.6) Common procurement vocabulary (CPV): 45233000, 34922100,
09134200, 31000000, 34923000, 34927100, 34928110, 34928450, 34929000,
34992000, 34992100, 34992200, 34993000, 34996300, 44113910, 44212120,
45112730, 45221100, 45221110, 45221119, 45223300, 45232451, 45232452,
45233100, 45233120, 45233128, 45233130, 45233139, 45233141, 45233142,
45233162, 45233210, 45233220, 45233221, 45233229, 45233251, 45233253,
45233262, 45233270, 45233280, 45233290, 45233291, 45233293, 45233294,
45233310, 45262300, 45262330, 45262620, 45315100, 45315300, 45316110,
45316210, 45316211, 45316212, 50000000, 50230000, 50232100, 50232110,
50232200, 50324200, 51214000, 71311210, 71311220, 71322000, 71630000,
71631400, 71631450, 71631480, 77211500, 77300000, 77314000, 90610000,
90620000, 90630000, 90640000, 34928500, 34928510, 34928530, 34992300,
34996000, 45000000, 45200000, 45233252, 45316100, 45453100, 79342300,
79342311, 60610000, 34512100, 50241200, 45233340, 45213312, 45210000,
79112100, 63712200, 71356400, 34144300, 64212700, 71351500, 45111250,
98351000, 45233161.
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: See II.1.5 above.
Estimated value excluding VAT:
Range: between 1 000 000 000,00 and 1 200 000 000,00 GBP.
II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION: Duration in
days: 9706 (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 Authority will require
Direct Agreements from Principal Service Providers, supported, where
appropriate, by parent company guarantees. The Authority's particular
requirements will be set out in the PQQ and/or tender documentation and
may include, inter alia, parent company guarantee(s) and/or other form of
security.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions regulating them: This Project is
partially funded by the Government's Private Finance Initiative. However,
whilst the expectation is that financing for the project will
predominantly if not wholly be from private finance the Authority reserves
the right to provide or procure capital contributions and/or finance the
project, which may include capital funding via HM Treasury's
Infrastructure Finance Unit (TIFU). The amount of any such capital
contribution and/or funding will be determined by the Authority during the
procurement. This will be explored further with Bidders during the
dialogue phase of the Competitive Dialogue process.
At present, it is not proposed that a formal funding competition will be a
mandatory element.
In the procurement process. The Authority will however closely monitor the
funding markets and the progress of similar deals (with and without
mandatory funding competitions), retain an unfettered right to hold a
funding competition, maintain an active engagement with all Bidders on the
state of the funding markets and use the Competitive Dialogue process to
establish whether Bidders could offer better value as a result of testing
the whole market for funding terms. The Authority is currently intending
to contract with an organisation for a period of approximately 26 years.
However, the Authority reserves the right to award a contract for a period
of between 20 and 30 years and will discuss variant funding solutions or a
variant contract term proposed by Bidders as part of the Competitive
Dialogue procurement process. Further details will be set out in the
Dialogue documentation.
III.1.3) Legal form to be taken by the group of economic operators to
whom the contract is to be awarded: Groupings, irrespective of their
current legal form, may submit bids. Bidders may, after forming a
grouping, submit a bid on condition that it complies with the rules of
competition. Such groupings (or consortia) must specify the organisation
(the 'Respondent') and person heading the bid ('Principal Contact') and
must ensure that this person signs the certification section of the Pre
Qualification Questionnaire (PQQ) to confirm their authority to submit the
bid.
Bids from groupings or consortia of firms or groups of service providers,
contractors or suppliers must specify the role, qualifications and
experience of each member who will be responsible for delivering the
Principal Services.
The Authority is seeking a private sector partner or partners to take
responsibility for delivery of the Project and manage a supply chain of
providers.
The Authority reserves the right to require groupings of organisations to
take a particular legal form or to require a single organisation to take
primary liability or to require that each party undertakes joint and
several liability for the delivery of the Contract.
The Authority's particular requirements are to be determined, but the
Authority may require that any contract(s) awarded shall be entered into
by a single entity on the part of the successful candidate(s).
III.1.4) Other particular conditions to which the performance of the
contract is subject: Yes.
The services required to be performed by the Service Provider will
comprise Core and Non-Core Services.
It is currently envisaged that the Core Services will be paid for by a
Unitary Charge on a monthly basis at an agreed monetary rate, subject to
the Service Provider fulfilling the performance requirements to be set out
in the Contract. Deductions for failure to perform to the required
standards will be determined in accordance with the Contract. It is
currently envisaged that payment for Non-Core Services will be made in
accordance with an agreed Schedule of Rates or other mechanisms to be set
out in the Contract. However, the payment terms will be the subject of
dialogue with Bidders and an alternative mechanism may be pursued.
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:
Organisations wishing to express an interest in the project must e-mail
such to the contact point in I.1 no later than 2pm on 13.4.2010, these
organisations shall be sent the Pre-Qualification questionnaire (PQQ) and
Memorandum of Information (MOI). Notwithstanding this, the PQQ and MOI
shall be available on request from the date of publishing of this notice.
NB – in order for a completed PQQ to be evaluated by the Authority
enabling the organisation to be considered for the later tender stages, a
completed PQQ must be received by the Authority in accordance with the
instructions in the PQQ, no later than 2pm on 20.4.2010. All questions in
the PQQ must be responded to in full with accompanying information
provided as relevant, in order to be considered further. The Authority
reserves the right to request clarification information and/or interview
organisations who submit PQQs, as part of the evaluation process.
Candidates will be assessed in accordance with Part 4 of the Public
Contracts Regulations 2006, as amended, on the basis of information
provided in response to the PQQ.
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating if requirements are met: Organisations wishing to
express an interest in the project must e-mail such to the contact point
in I.1 no later than 2pm on 13.4.2010, these organisations shall be sent
the Pre-Qualification questionnaire (PQQ) and Memorandum of Information
(MOI). Notwithstanding this, the PQQ and MOI shall be available on request
from the date of publishing of this notice. NB – in order for a completed
PQQ to be evaluated by the Authority enabling the organisation to be
considered for the later tender stages, a completed PQQ must be received
by the Authority in accordance with the instructions in the PQQ, no later
than 2pm on 20.4.2010. All questions in the PQQ must be responded to in
full with accompanying information provided if required. The Authority
reserves the right to request clarification information and/or interview
organisations who submit PQQs, as.
Part of the evaluation process. All PQQ's will be evaluated in accordance
with Article 47 of Directive 2004/18/EC and Regulation 24 of the Public
Contract Regulations 2006.
Minimum level(s) of standards possibly required: Pre-qualification
evaluation scoring and weightings are detailed in the PQQ.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
Organisations wishing to express an interest in the project must e-mail
such to the contact point in I.1 no later than 2pm on 13.4.2010, these
organisations shall be sent the Pre-Qualification questionnaire (PQQ) and
Memorandum of Information (MOI). Notwithstanding this, the PQQ and MOI
shall be available on request from the date of publishing of this notice.
NB – in order for a completed PQQ to be evaluated by the Authority
enabling the organisation to be considered for the later tender stages, a
completed PQQ must be received by the Authority in accordance with the
instructions in the PQQ, no later than 2pm on 20.4.2010. All questions in
the PQQ must be responded to in full with accompanying information
provided if required. The Authority reserves the right to request
clarification information and/or interview organisations who submit PQQs,
as.
Part of the evaluation process. All PQQ's will be evaluated in accordance
with Articles 48 to 50 of Directive 2004/18/EC and Regulation 25 of the
Public Contract Regulations 2006.
Minimum level(s) of standards possibly required:
Pre-qualification evaluation scoring and weightings are detailed in the
PQQ.
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: 5. Maximum number: 6
Objective criteria for choosing the limited number of candidates: The
Authority intends to invite between 5 & 6 candidates to participate in
dialogue on the basis of the ranking of candidates at the PQQ evaluation
stage.
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: 2009/S 116-167633 of 19.6.2009.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
13.4.2010 - 14:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to
selected candidates: 3.6.2010.
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: For the purposes of clarification,
organisations wishing to express an interest in the project must e-mail
such to the contact point in I.1 no later than 2pm on 13.4.2010, these
organisations shall be sent the Pre-Qualification questionnaire (PQQ) and
Memorandum of Information (MOI). Notwithstanding this, the PQQ and MOI
shall be available on request from the date of publishing of this notice.
NB – in order for a completed PQQ to be evaluated by the Authority
enabling the organisation to be considered for the later tender stages, a
completed PQQ must be received by the Authority in accordance with the
instructions in the PQQ, no later than 2pm on 20.4.2010.
The Authority shall hold a 'Bidder's Day' in order to provide further
information relating to the Project on 25/03/10 on the Isle of Wight.
Organisations, either individual, or as a consortium, who are interested
in delivering the services outlined in II.1.5 wishing to attend this event
must e-mail their request to attend to: highways-pfi-conference@iow.gov.uk
no later than 2pm on 16/3/10.
Section II.1.9 - Variants may be permissible within parameters to be set
out in the Invitation to Submit Outline/Detailed/Refined Solution/CFT
documentation.
The Authority expressly reserves the right:
(i) not to award any contract as a result of the procurement process
commenced by publication of this notice;
(ii) to make whatever changes it may see fit to the content and structure
of the tendering competition;
(iii) to award (a) contract(s) in respect of any part(s) of the services
or works covered by this notice, and;
(iv) to award contract(s) in stages.
And in no circumstances will the Authority be liable for any costs
incurred by candidates.
The contract shall be made in England and according to English Law and
subject to the exclusive jurisdiction of the English Courts. Tenders and
all supporting documents must be priced in sterling and all contract
payments will be made in sterling. All discussion and/or meetings will be
conducted in English.
The Freedom of Information Act (FOI) 2000 which came into force on
1.1.2005 applies to the Authority. If any tenderer considers that any
information supplied by them is either commercially sensitive or
confidential in nature, this should be highlighted and the reasons for its
sensitivity specified. In such cases the relevant.
Material will, in response to FOI requests be examined in light of the
Act.
The Authority and its advisers shall not be liable for any costs resulting
from cancellation of this process.
(1) Each organisation acknowledges that it proceeds with the preparation
and submission of the PQQ and, if appropriate, proceeds in the competitive
dialogue process at its own risk and shall bear all of its own legal and
other fees, costs and expenses in relation to the preparation and
submission of any PQQ, Initial Bid or Final Tender, the competitive
dialogue and any formal contract arising from them.
(2) Each Bidder is responsible for obtaining all necessary information for
the preparation of any submission in the event of the appointment of a
bidder as Preferred Bidder by the Authority, the relevant Bidder will be
responsible for all of its legal costs and for all the costs, expenses and
liabilities incurred both (i) prior to such appointment and (ii) from such
appointment to the conclusion of the process, whether by the bidder and
the authority entering into a formal written contract or otherwise,
including but not limited to:
2.1 in respect of any clarification and fine tuning carried out after
appointment of the bidder as Preferred Bidder;
2.2 in respect of any activities necessary to secure funding for the
Project;
2.3 in making any applications to any body; and/or
2.4 in relation to the execution of any documentation for the purpose of
performing its obligations in accordance with any contract with the
Authority. (3) For the avoidance of doubt, Bidders shall be responsible
for their own costs and the Authority shall not be liable for third party
costs of any description incurred by the Bidder where the Authority has
cancelled or varied the process or they have been disqualified for any
reason provided by any of the procurement documentation issued during the
procurement process.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: The High Court, Royal
Courts of Justice, Strand, London WC2A 2LL, UNITED KINGDOM.
VI.4.2) Lodging of appeals: Precise information on deadline(s) for
lodging appeals: The Authority will incorporate a minimum 10 calendar day
standstill period at the point information on the award of the contract is
communicated to tenderers. Applicants who are unsuccessful shall be
informed by the Authority as soon as possible after the decision has been
made as to the reasons why the Applicant was unsuccessful. If an appeal
regarding the award of the contract has not been successfully resolved,
The Public Contracts Regulations 2006 (SI 2006 No. 5) as amended by the
Public Contracts (Amendment) Regulations 2009 (SI2009 no.2992) provide for
aggrieved parties who have been harmed or are at risk of harm by a breach
of the rules to take action in the High Court (England, Wales, and
Northern Ireland). Any such action must be brought promptly (generally
within three months). If a declaration of ineffectiveness is sought, any
such action must be brought within 30 days where the Authority has
communicated the award of the contract and a summary of reasons to
tenderers, or otherwise within 6 months of a contract being entered into.
Where a contract has not been entered into, the Court may order the
setting aside of the award decision or order the authority to amend any
document and may award damages. If the contract has been entered into the
Court may, depending on the circumstances, award damages, make a
declaration of ineffectiveness, order the Authority to pay a fine, and/or
order that the duration of the contract be shortened. The purpose of the
standstill period referred to above is to allow the parties to apply to
the Courts to set aside the award decision before the contract is entered
into.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 3.3.2010.
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