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IMPORTANT LEGAL INFORMATION

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PROJECT TITLE: UK-Dundee: architectural, engineering, construction, legal, accounting and other professional services

Project number: 2008/S 23-030281

Type: CONTRACT NOTICE - Services

SECTION I: CONTRACTING AUTHORITY

 

I.1)

NAME, ADDRESSES AND CONTACT POINT(S):

 

Tayside NHS Board, Supplies Department, Level 9, Ninewells Hospital, Attn: Alex Ellwood, UK-Dundee DD1 9SY. Tel.  013 82 66 01 11-36141. E-mail: alexellwood@nhs.net. Fax  013 82 49 62 52.

 

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:

 

Body governed by public law.

Health.

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:

 

Professional Design Team Appointment For New Dental Facility at Broxden Business Park, Perth, Scotland.

 

II.1.2)

Type of contract and location of works, place of delivery or of performance:

 

Services.

A combination of purchase, lease, rental and hire purchase.

Main place of delivery: Broxden Business Park, Perth.

 

NUTS code: UKM27 .

 

II.1.3)

The notice involves:

 

II.1.4)

Information on framework agreement:

 

II.1.5)

Short description of the contract or purchase(s):

 

Appointment of a multi-discipline Design Team for a New Dental Facility at the Broxden Business Park, Perth. Lead Consultant, Architect, Quantity Surveyor, Services Engineer (Mech & Elec), Structural Engineer, Planning Supervisor & Clerk of Works Service.

Tayside NHS Board will consider the most appropriate replacement option(s) in terms of both equipment and mode of finance (i.e. operating lease).

 

II.1.6)

Common procurement vocabulary (CPV):

 

74000000.

 

II.1.7)

Contract covered by the Government Procurement Agreement (GPA):

 

No.

 

II.1.8)

Division into lots:

 

No.

 

II.1.9)

Variants will be accepted:

 

No.

 

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

 

II.2.1)

Total quantity or scope:

 

II.2.2)

Options:

 

II.3)

DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:

 

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

 

III.1)

CONDITIONS RELATING TO THE CONTRACT

 

III.1.1)

Deposits and guarantees required:

 

III.1.2)

Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:

 

III.1.3)

Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

 

III.1.4)

Other particular conditions to which the performance of the contract is subject:

 

Yes.

(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 for compulsory winding up or 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 contracting 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 organisation, 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.

 

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: If registered on SID, please submit a hard copy of the company profile.

 

III.2.2)

Economic and financial capacity:

 

Information and formalities necessary for evaluating if requirements are met: (a) Appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;

(b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;

(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 on these turnovers is available.

 

III.2.3)

Technical capacity:

 

Information and formalities necessary for evaluating if requirements are met: (a) (i) A list of the works carried out over the past five 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; (ii) 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 issued 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;

(b) 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;

(c) 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;

(d) 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 capacities 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;

(e) 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;

(f) For public works contracts and public services contracts, and only in appropriate cases, an indication of the environmental management measures that the economic operator will be able to apply when performing the contract;

(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 requests;

(ii) Certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products clearly identified by references to specifications or standards.

 

III.2.4)

Reserved contracts:

 

III.3)

CONDITIONS SPECIFIC TO SERVICES CONTRACTS

 

III.3.1)

Execution of the service is reserved to a particular profession:

 

III.3.2)

Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service:

 

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 minimum number: 6. Maximum number:

 

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 below:

1. Compliance with Specification.

2. Costs/Finance.

3. Quality.

4. Aesthetics & Functional Characteristics.

5. Technical Merit.

6. After Sales.

7. Technical Back Up.

 

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:

 

Capital Projects No.CP05/0556.

 

IV.3.2)

Previous publication(s) concerning the same contract:

 

No.

 

IV.3.3)

Conditions for obtaining specifications and additional documents or descriptive document

 

IV.3.4)

Time-limit for receipt of tenders or requests to participate:

 

7.3.2008.

 

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates:

 

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:

 

SECTION VI: COMPLEMENTARY INFORMATION

 

VI.1)

THIS IS A RECURRENT PROCUREMENT:

 

VI.2)

CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:

 

VI.3)

ADDITIONAL INFORMATION:

 

IV.3.4) TimeNo of days (37 Days).

1. the successful tenderer will be required to execute delivery of any order received from Tayside NHS Board within agreed times during the period of the contract.

2. The contract and matters arising out of it will be considered as a contract made in Scotland and subject to Scots Law.

3. Tendered prices must be expressed in Sterling and payment at these prices will be made in Sterling.

4. The area covered by the contract comprises Scotland.

5. Please ensure that all correspondence is clearly marked “European Tender Advert:

<< Professional Design Team (PRI) CP05/0556 - FAO – Mr Alex Ellwood

 

 

VI.4)

PROCEDURES FOR APPEAL

 

VI.4.1)

Body responsible for appeal procedures:

 

Please refer to section VI.4.2.

 

VI.4.2)

Lodging of appeals:

 

Precise information on deadline(s) for lodging appeals: NHS Tayside will incorporate a minimum of 10 calendar day standstill period at the point of information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such additional information should be required from The Supplies Dept, Level 9, Ninewells Hospital, Dundee, DD1 9SY.

If an appeal regarding the award of contract has not been successfully resolved The Public Contracts (Scotland) Regulations 2006 (SSI 2006 No 1) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rule to take action in the Sheriff Court or Court of Session. Any such action must be brought promptly (generally within 3 months). 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 only award damages. [The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside award decision before the contract is entered into].

 

VI.4.3)

Service from which information about the lodging of appeals may be obtained:

 

VI.5)

DATE OF DISPATCH OF THIS NOTICE: 29.1.2008. 

 

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