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Provision for Emergency Response and Call-Outs to Surface Hazards.

Voluntary ex ante transparency notice

This notice is covered by: Directive 2004/18/EC

Section I: Contracting authority/entity

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

Coal Authority
200 Lichfield Lane
For the attention of: Steve Pilsworth
NG18 4RG Mansfield
Telephone: +44 1623637209
Fax: +44 1623622072

Internet address(es):

General address of the contracting authority/entity:

I.2)Type of the contracting authority
I.3)Main activity
1.4)Contract award on behalf of other contracting authorities/entities

Section II: Object of the contract

II.1.1)Title attributed to the contract
Provision for Emergency Response and Call-Outs to Surface Hazards.
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 27: Other services
Main site or location of works, place of delivery or of performance: UK (England, Scotland and Wales).

NUTS code UK

II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
This is a Voluntary Ex-Ante Transparency Notice (VEAT)of the Coal Authority's intention to award a contract for the Emergency Response and Call Outs to Surface Hazards.
In order to discharge their duties and responsibilities the Coal Authority contracts-out the Services required for the emergency response to surface hazards incidents.
To provide safe and effective management of the emergency call out process in relation to surface hazards potentially relating to past mining and the management of the Authority's property holdings.
Provide an effective and failsafe system for responding to surface hazard phone calls which puts a Competent Person at the site of a hazard within 4 hours of telephone notification from the Authority to the Service Provider of a reported incident. The Service Provider must fulfil this requirement in all UK coalfield regions as being compulsory regions for the purposes of this contract on a 24 hour 365/7 day basis. The Authority requires 100 % compliance with this objective.
To this end the Coal Authority intends to contract with Mines Rescue Service Ltd for this service as the only identified economic operator able to provide nationwide coverage within the required reactive response times to ensure the duty of care to public safety is maintained as specified under the legal remit of the Coal Authority's governance.
That the Service Provider establishes an effective and failsafe system for responding to surface hazard phone calls which puts a Competent Person at the site of a hazard within 4 hours of telephone notification from the Authority to the Service Provider of a reported incident. The Service Provider must fulfil this requirement in all UK coalfield regions se as being compulsory regions for the purposes of this contract on a 24 hour 365/6 day basis. The Authority requires 100 % compliance with this objective.
A Service Provider that can respond to more than one incident at a time from bases located in the coalfield areas and to provide backup and support from those bases to those deployed to incidents
That the Competent Person provided by the Service Provider attending any incident has sufficient technical ability, and is suitably qualified to take control of the field situation, undertake appropriate risk assessments, assess required securing works to remove public danger, and to direct other third party contractors to secure the hazard.
That the Service Provider provides a professional approach to safety, with an 'emergency ethos' consistent with surface hazard management. The Authority wishes to enhance credibility with persons affected by hazard incidents, therefore a uniform and appropriate vehicle capable of carrying specified equipment will be required.
A service which has the technical knowledge over the coal mining circumstances within the individual coalfield regions.
The Service Provider may also opt to provide the services to fulfil the requirements in the coalfield areas of Campbeltown (Mull of Kintyre), Brora, (Sutherland), Anglesey, Kent, Devon and Cumbria.
No guarantee of workload can be given
Out of Hours cover for answering calls made to the emergency call out telephone
The Coal Authority has a dedicated emergency telephone line, (+44 1623646333), which during normal office hours is answered by the Public Safety and Subsidence Team based at the Authority's offices at Mansfield. Normal office hours are 09:00-17:00 Monday to Thursday and 09:00-16:30 Fridays.
The Authority requires the Service Provider to provide cover, (by means of the call diverting from the Authority's office to a dedicated, manned phone line at the Service Provider's office), in the following circumstances:
- out of hours calls during the week and on weekends, public and Authority holidays.
- at other ad hoc times when the Public Safety and Subsidence Team may be in corporate briefings, (approximately 6 occasions per year for up to 3 hours).
- as a failsafe mechanism should the Authority fail to answer the call for any reason, (the call automatically diverting to the Service Provider if it is not answered within the Authority's office).
The Service Provider's dedicated line must have an answer machine, to act as a failsafe mechanism only, with the facility for storing incoming numbers. The Authority requires 100 % compliance for answering calls directly, without use of the answer machine.
At all times, if a surface hazard call is diverted to the Service Provider's dedicated line it should be answered immediately and the procedure followed. The Service Provider will also immediately inform the Authority's nominated Duty Officer of all known details. Telephone contact numbers of nominated Duty Officers, (who will be on a rota), will be provided from time to time (generally on a weekly basis) by the Authority to the Service Provider.
All persons used by the Service Provider to answer the surface hazard telephone line must be trained by the Service Provider to ensure compliance with this Contract, and a record of trained persons able to answer calls and record details of a surface hazard incident must be provided by the Service Provider to the Authority prior to the start of the Contract. The Service Provider must seek approval from the Authority should additional persons be proposed, and should provide on an annual basis confirmation of trained individuals, and be able to demonstrate to the Authority on request, the cover provided to answer any diverted call.
The Service Provider will need to provide a 24 hours/365 days/annum emergency Service, including all public holidays, to provide an initial emergency response to surface hazards. This service will cover all the compulsory coalfield areas and if the Service Provider elects, within all the optional coalfield areas.
The Service Provider will develop procedures detailing the steps to be taken in dealing with a surface hazard through all the stages within a call-out to a surface hazard incident, and shall provide that procedure, and any amendments from time to time, to the Authority for approval.
The Service Provider will ensure that failsafe arrangements are in place to receive details of emergency calls from the Authority or through diverted calls relating to Surface Hazards on a 24hour/365/6 day per annum basis. Calls may also be received directly from members of the public or other organisations. The Service Provider will ensure that appropriately qualified, trained persons are available at all times to properly deal with any reported call and situation.
On receipt of a call from the Authority in respect of a surface hazard incident, the Service Provider shall immediately deploy a competent person to the scene of the reported incident unless otherwise advised by the Authority's Duty Officer.
The Service Provider will provide all equipment for the use of the Competent Person. Such equipment shall be maintained, calibrated, repaired and replaced in accordance with manufacturer's recommendations, at the Service Provider's expense.
Where the Authority receives calls to the emergency hazard line directly, details of those calls will be relayed to the Service Provider immediately for action. However, should the Service Provider receive a call directly, the Service Provider should respond as required by the Services and notify the Authority's nominated Duty Officer immediately. The Service Provider is required to respond to the call having regard for the need to safeguard public safety and deploy personnel to the incident unless otherwise directed by the Duty Officer.
The Service Provider will provide sufficient numbers of Competent Persons to respond to and visit Surface Hazards, within the compulsory coalfield areas, (and if opted for the optional coalfield areas), within 2 hours of the Surface Hazard being reported to the Service Provider. Each Competent Person attending a Surface Hazard will have as a minimum, the equipment. The Authority's requirement of the Service Provider is to maintain a 100 % performance achievement of the 4 hour attendance criteria.
The Service Provider will put in place suitable arrangements for dealing with gas emissions, in accordance with the Authority's procedure for dealing with such incidents. This procedure, which may be subject to amendment from time to time.
2.2.9. The Authority has arrangements in place with other Term Contractors to provide a 24 hour/365 day provision to attend surface hazards covering all coalfield regions. A Term Contractor will be deployed by the Authority's Duty Officer to emergency calls within the specified time scales to deal with surface hazard incidents. Copies of the Term Contracts will be provided to the appointed Service Provider. The Term Contractors are currently required to be on site within 4 hours of notification to them, and to make the site secure in accordance with directions given to them by the Competent Person.
2.2.10. The Competent Person shall assess the hazard and undertake whatever actions are required to secure the hazard and remove the threat to public safety. This will include, inter alia:- The Competent Person carrying out a suitable and sufficient Risk Assessment of the hazard incident with regard to assessing measures required to make the incident safe; The Competent Person ensuring that the Term Contractor implements the control measures identified in the Risk Assessment when undertaking works to secure the hazard; The Competent Person assessing the need for security (e.g. need for a night watchman), evacuation of property, requesting attendance of emergency services or other specialists; The Competent Person shall ensure that within 5 hours of the original notification that the area is fenced, or other such works are undertaken to make the incident safe; The Competent Person shall liaise with the Authority's nominated Duty Officer during this period, and immediately contact them if there is any immediate risk to personal safety, a requirement for additional technical resources or a need for evacuation.
2.2.11. The Competent Person shall instruct the Authority's Term Contractor deployed to an incident, to erect preliminary fencing or undertake other emergency works, as necessary to ensure public safety. The Competent Person will supervise the Term Contractor and will ensure compliance by the Term Contractor with the response times and other duties under the Term Contract.
2.2.12 The Competent Person shall remain at the incident until such time as the incident is secured or is relieved by another Competent Person employed by the Service Provider, or a representative of the Authority.
2.2.13 The Competent Person will complete an Initial Visit Report, (in the format set out in Annex 6), including confirmation that action has been taken. The Competent Person shall also take photographs of the incident both prior to and after securing the hazard to demonstrate that the works are properly carried out and that appropriate signage is displayed. These photographs should capture both the details of a particular hazard and its general environment / location. A photograph must be taken of the completed securing measures together with signage erected. The report and photographs shall be emailed to the Authority's Operations nominated email address within 12 hours of the initial notification to the Service Provider together with supporting digital photographs. In all cases, the naming conventions for electronic files detailed in Annex 10 shall be complied with.
2.2.14 In a major incident involving high publicity, major works, injury or fatality, the Initial Visit Report shall be emailed as soon as possible, and in these cases verbal contact should be made immediately with the nominated Duty Officer to advise of the situation. In all cases, the Competent Person shall verbally confirm to the Authority's nominated Duty Officer the completion of securing works on site, immediately they are complete.
2.2.15 The Competent Person shall liaise and inform all stakeholders on site, and shall record names, addresses and contact numbers of those stakeholders and/or their representatives, and where practical obtain verbal consent to enter onto the land for the purposes of undertaking securing works. The Competent Person shall provide such information to those persons as required, as set out in the Authority's guidance notes published from time to time.
2.2.16 In respect of any Works required to make the situation safe, the Service Provider shall provide to the Authority, (in addition to the Initial Visit report), separate details of works undertaken, comprising quantities assessed by the Service Provider to substantiate invoices submitted by the Term Contractor to the Authority. The Service Provider shall use the Schedule of Items within the Term Contracts to provide this information. Should the Authority query Term Contractors' invoices with the Service Provider then these queries shall be answered by the Service Provider and returned to the Authority within 5 working days of receipt.
II.1.5)Common procurement vocabulary (CPV)

79420000, 79421100, 79417000, 71317000

II.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 850 000 GBP
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical
Other justification for the award of the contract without prior publication of a contract notice in the OJEU
The contract has as its object services listed in Annex II B to the Directive
Due to the technical nature of the services required in a shrinking market there has been a significant shrinkage over the past thirty years of economic operators able to offer the specialist mining remediation services required. Coupled with the Coal Authority's legal liabilities under the 1994 Coal Industry Act and its duty to public safety, response times, the 24/7, 365 day a year requirement and geographic coverage further reduce the number of available suppliers in the market.
As a critical requirement of the Coal Authority's responsibilities it is essential that this service can be provided. The delivery of this provision has historically been conducted by Mines Rescue Service, and it is the Coal Authorities intention to continue that relationship with this contract. The last two visits to market for this service via an Open procedure has resulted in a single return form Mines Rescue Service.
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of
1. Ability to meet specification. Weighting 100
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/entity
IV.3.2)Previous publication(s) concerning the same contract

Section V: Award of contract

Contract No: CA18/02418 Lot title: Provision for Emergency Response & Call-Outs to Surface Hazards
V.1)Date of contract award decision:
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Mines Rescue Service Ltd
Telephone: +44 1623423777
Internet address:

V.4)Information on value of contract
Initial estimated total value of the contract:
Value: 850 000 GBP
Excluding VAT
If annual or monthly value Number of years 4
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:

Please contact Steve Pilsworth Tel: +44 1623637209 or e-mail if you have any queries relating to this notice.

VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals The Authority will incorporate the required 10 calendar day standstill period at the award of the contract. Additional information should be requested from the address stated in part 1.1. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5 and the Public Contracts (Ammendment) Regs 2009 (SI 2009/292) 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)
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice: