South West consultancy framework 2012-16.

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Torbay Council
Corporate Procurement, 1st Floor Electric House, Castle Circus
For the attention of: Mrs Carly Wedderburn
TQ1 3DR Torquay
UNITED KINGDOM
Telephone: +44 1803208980
E-mail:

Internet address(es):

General address of the contracting authority: www.torbay.gov.uk

Address of the buyer profile: www.torbay.gov.uk/procurement

Further information can be obtained from: Supplying the South West
Internet address: https://www.supplyingthesouthwest.org.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Supplying the South West
Internet address: https://www.supplyingthesouthwest.org.uk

Tenders or requests to participate must be sent to: Supplying the South West
Internet address: https://www.supplyingthesouthwest.org.uk

I.2)Type of the contracting authority
Other: On behalf of organisation types as specified in II.1.5.
I.3)Main activity
Other: On behalf of organisation types as specified in II.1.5.
I.4)Contract award on behalf of other contracting authorities
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:
South West consultancy framework 2012-16.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
Main site or location of works, place of delivery or of performance: Construction consultancy and other building and professional related services.
Main site or location of works: a framework agreement through which participating Public Bodies (see II.1.5) may procure Construction consultancy service via consultants listed on this framework agreement. Procuring organisations able to use this framework agreement will operate in the South West Region of the United Kingdom and bordering counties. For the purposes of this tender the South West Region includes Cornwall, Devon, Plymouth, Torbay, Somerset, North Somerset, Gloucestershire, South Gloucestershire, Bristol, Bath & North East Somerset, Wiltshire, Swindon, Bournemouth, Poole and Dorset. This framework agreement may be used on the Isles of Scilly by agreement but if so may be subject to additional terms. Further information will be available within the pre-qualification questionnaire and the invitation to tender documentation.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
Number of participants to the framework agreement envisaged: 8

Duration of the framework agreement

Duration in years: 4

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 60 000 000 GBP
Frequency and value of the contracts to be awarded: This will be dependent upon the capital programmes of each of the procuring entities involved. The total value range expressed above is the consultancy fee value and not the construction capital value.
II.1.5)Short description of the contract or purchase(s)
Torbay Council is acting as the lead organisation on behalf of a group of United Kingdom (South West Region) Public Bodies which could include county councils, city councils, unitary authorities, district councils, universities, further education establishments, academy and other primary and secondary schools, national park authorities, housing associations, police authorities, fire and rescue services and other emergency service organisations and health services including primary care trusts. Other additional public bodies operating in this Region but not specifically referred to may also use this framework.
Please refer to the following link for further details of the geographical regions and organisations to whom this framework agreement is open:

http://www.cfsw.org.uk/eligibleusers.php

The framework will comprise Consultants or consortia through which individual projects or programmes of construction works may be developed, procured and implemented. The Agreement may be used by facilitating agencies or sub users acting with or on behalf of the organisations outlined above.
The figure which relates to an estimated total value of 60 000 000 GBP is given as a broad indication for formative reasons only, This figure covers the approximate value of purchases against the framework up to the figure indicated. The final figure at the conclusion of the framework agreement may be lower than that indicated and to that extent the Authority does not offer a guarantee as to the accuracy of the figure declared within this Contract Notice. This is based on usage of the previously procured South West Consultancy framework 2008-2012. However, the degree of use of the framework and the pace of its development will be dependant on the performance of all parties and the confidence that is developed in arrangements.
It is Torbay Council's intention to award a place on the framework agreement to a total of eight (8) Consultants or Consortia.
II.1.6)Common procurement vocabulary (CPV)

71000000, 70330000, 71200000, 71210000, 71220000, 71221000, 71222000, 71222100, 71222200, 71242000, 71223000, 71240000, 71241000, 71243000, 71244000, 71245000, 71246000, 71247000, 71248000, 71250000, 71251000, 71300000, 71310000, 71311000, 71311100, 71311200, 71311300, 71312000, 71313000, 71313200, 71313400, 71314000, 71314300, 71314100, 71314200, 71314310, 71315000, 71315100, 71315200, 71315400, 71317100, 71317200, 71318000, 71313410, 71313420, 71313430, 71313440, 71313450, 71315210, 71320000, 71321000, 71321200, 71322000, 71322100, 71330000, 71332000, 71333000, 71334000, 71335000, 71336000, 71340000, 71350000, 71351000, 71351200, 71351500, 71351800, 71352000, 71353000, 71355000, 71356000, 71400000, 71410000, 71420000, 71510000, 71530000, 71520000, 71521000, 71541000, 71621000

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
This framework is primarily intended for the delivery of construction consultancy and other building and professional related services for projects of over 150 000 GBP (fee value) with some projects that may exceed or significantly exceed this figure. There may be a number of projects that may not meet this figure for which framework consultants will be able to bid on an optional basis. The eligible users of the framework reserve the right to procure those smaller projects outside of this agreement.
For the avoidance of any doubt this framework will be for construction consultancy and other building and professional related services and is not primarily for the delivery of construction works projects.
For illustrative purposes, the following types of construction projects can be delivered via the framework agreement: refurbishment exercises, programmes of work, regeneration projects, new build projects, alteration/extension projects, relocation exercises, ancillary construction projects connected to main construction contracts, i.e. roads, bridges, etc. The Services to be provided under the framework include, but are not limited to: options appraisals on potential new construction projects, building search, building surveys, due diligence surveys, business justification of a project, procurement strategy, construction management, programme management, project management, design and engineering, urban design, master planning, site analysis, contractor procurement, cost planning, budgeting and estimating. Core disciplines required for the framework include architects, building services engineers, building surveyors, CDM coordinators, civil engineers, project managers, quantity surveyors and structural engineers.
The anticipated start date of the agreement will be 1.11.2012.
Estimated value excluding VAT: 60 000 000 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Duration in months: 48 (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:
N/A.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Payment arrangements are to be as per the Authority's terms and conditions, which will be included as part of the tender pack.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Consultant organisations and consortia.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Applicants (and/or its supply chain) must be able to provide coverage for consultancy services over a good geographic proportion of the South West Region. All documentation is to be compiled in the English language. This Framework will be managed under English law.
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 the requirements are met: Any supplier may be disqualified who:
(a) Is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) Is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) Has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) Has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) Has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) Has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) Is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) Has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) Has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) Has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) Has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
Information and formalities necessary for evaluating if requirements are met:
Any supplier may be disqualified who does not respond in the requisite manner by completing the pre-qualification questionnaire and tender document as detailed and attached within the Authority's e-Tendering system. Candidates are referred to Regulation 23 of the Public Contracts Regulations (2006).
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: (a) Appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
(c) A statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information of these turnovers is available.
Information and formalities necessary for evaluating if requirements are met:
Any supplier may be disqualified who does not respond in the requisite manner by completing the pre-qualification questionnaire and tender document as detailed and attached within Authority's e-Tendering system. Candidates are referred to Regulation 24 of the Public Contracts Regulations (2006).
Minimum level(s) of standards possibly required: Minimum level(s) of standards required are detailed within the tender document as detailed and attached within the Authority's e-Tendering system.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
(a) a list of the works carried out over the past 5 years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services provided in the past 3 years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given:
- Where the recipient was a contracting authority, in the form of certificates issues or countersigned by the competent authority,
- Where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator.
(c) An indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(d) A description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking’s study and research facilities;
(e) Where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capabilities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) The educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) For public works contracts and public services contracts, and only in appropriate cases, and indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) A statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last 3 years;
(i) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contracts;
(j) An indication of the proportion of the contract which the services provider intends possibly to subcontract;
(k) With regard to the products to be supplied:
(I) Samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so request;
(II) Certificates drawn up by official quality control institutes or agencies of recognized competence attesting the conformity of products clearly identified by references to specifications or standards.
Information and formalities necessary for evaluating if requirements are met:
Any supplier may be disqualified who does not respond in the requisite manner by completing the pre-qualification questionnaire and Tender document as detailed and attached within ProContract.
Minimum level(s) of standards possibly required:
Minimum level(s) of standards required are detailed within the tender document as detailed and attached within the Authority's e-Tendering system.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons 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
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators: 8
Objective criteria for choosing the limited number of candidates: At the conclusion of the pre-qualification questionnaire stage following a formal evaluation process, the intention is to arrive at a short list of sixteen (16) applicants to take forward to the tender stage. Where there is more than one (1) applicant in sixteenth (16th) place, then all such applicants will be invited to tender. This will be on the basis of panel assessment of evidence given within the pre-qualification questionnaire submission. This will include pass/fail criteria followed by the application of a qualitative evaluation process from which the highest scoring applications shall be progressed. Further information regarding this will be provided within the pre-qualification questionnaire.
Following the receipt and evaluation of the Tenders from those shortlisted applicants, it is anticipated that framework agreements will be awarded to a maximum of eight (8) Contractors. Again the evaluation process will be on the basis of panel assessment of evidence given within the tender submission. Further information regarding this will be provided within the tender.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
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)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
T14811SW
IV.3.2)Previous publication(s) concerning the same contract
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: 16.4.2012 - 11:59
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
16.4.2012 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
21.5.2012
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening tenders
Date: 29.6.2012 - 12:00
Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: One (1) representative from the Authority’s Democratic Services department and one representative from the Authority’s Procurement department shall be present at the tender opening in accordance with the Authority’s Standing Orders in Relation to Contracts.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published: 1.3.2015 or thereabouts
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
All requests to participate and expressions of interest must be received via the Authority's e-Tendering system: Supplying the South West, which can be found at the following:

www.supplyingthesouthwest.org.uk.

If you are new to the system you will need to register your organisation first, before you will be able to express your interest or receive the tender documents. To do so, please follow these simple steps:
Once you have accessed the system using the web address given above, please navigate to Supplier Registration on the left hand side of the page. Once there follow the steps as laid out within the Supplier Registration Wizard.
When you have completed the registration, you will receive confirmation via e-mail of your username and password - please keep this safe, as you will need it for future reference to the system. If possible, please ensure that you use a generic e-mail address for the purposes of registration, in order that access to the system is not restricted to just one individual.
Once you have registered (or if you are already registered) you are then able to express your interest and receive the tender documents by following these simple steps:
Access the system’s home page and click Opportunities on the left hand side of the page. Once there go to Latest Opportunities and click Search. Find and select Torbay Council from the drop-down list and click on the opportunity when you see it within the list. Click Login and Register Interest.
As soon as you have completed these processes you will be granted automatic access to the Tender documentation. You can find the tender documentation by selection My Opportunities on the right hand side of the page, which will appear when you are logged in to the system.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Please refer to the following link, which will detail the lodging of appeals process: www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals.htm

Body responsible for mediation procedures

Please refer to the following link, which will detail the lodging of appeals process: www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals.htm

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Please refer to the following link, which will detail the lodging of appeals process:

www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals.htm

VI.4.3)Service from which information about the lodging of appeals may be obtained

Please refer to the following link, which will detail the lodging of appeals process: www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals.htm

VI.5)Date of dispatch of this notice:
12.3.2012