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IMPORTANT LEGAL INFORMATION

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PROJECT TITLE: UK-Portsmouth: business and management consultancy and related services

Project number: 2009/S 185-266710

Type: 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.1.4)

Information on framework agreement:

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.

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:

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.4.3)

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

VI.5)

DATE OF DISPATCH OF THIS NOTICE: 23.9.2009.

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