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Products & Services -> OJEU
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Operis OJEU Newsletter Service This service is free and is available to anyone who registers on our OJEU subscription page or calls us to register. The information in this newsletter is drawn from the Official Journal of the European Union. IMPORTANT LEGAL INFORMATION The information contained in this message is confidential and intended for the addressee only. Any unauthorised use, dissemination or copying of the information contained in the message is prohibited. While Operis Group plc has used its reasonable endeavours to ensure that the information contained in this message is accurate, up to date and complete, it accepts no liability to the addressee or to any other person for any errors, inaccuracies or omissions contained in the message. While Operis has taken reasonable steps to ensure that this message (and any attachments or hyperlinks contained within it) are virus free it is the responsibility of the addressee to ensure they are virus free and Operis accepts no responsibility for any loss or damage caused by receipt or use thereof. PROJECT
TITLE: UK-London: imprisonment services Project number: 2009/S 222-319757 Type: CONTRACT NOTICE - Services SECTION I: CONTRACTING
AUTHORITY I.1) NAME, ADDRESSES AND
CONTACT POINT(S): Ministry of Justice -
Procurement Directorate, 8th floor, Abell House, John Islip Street, Attn:
Competitions Procurement Programme, UK-London SW1P 4LH. E-mail:
CompetitionsProcurementProgramme@noms.gsi.gov.uk. Internet address(es): General address of the contracting
authority: http://www.justice.gov.uk. Address of the buyer
profile: https://justice.bravosolution.co.uk/. 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: Ministry or any other
national or federal authority, including their regional or local
sub-divisions. General public services.
Public order and safety.
Social protection. 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: Custodial services and
works at 5 prisons. II.1.2) Type of contract and
location of works, place of delivery or of performance: Services. Service category: No 27.
Main place of
performance: HMP Birmingham. B18 4AS. HMP Buckley Hall. OL12 9DP. HMP & YOI Off Marshgate. DN5 8UX. HMP Featherstone II. New Road. Featherstone. WV10 7PU. HMP Wellingborough. Wellingborough. Northamptonshire. NN8 2NH. NUTS code: 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 Ministry of Justice
(the 'Authority'), operating through its National Offender Management Service
agency, wishes to procure custodial services and works at five prisons
including HMP Birmingham, HMP Buckley Hall, HMP & YOI Doncaster, HMP
Featherstone II, and HMP Wellingborough. The scope of the services includes
the management, maintenance, and operation of all five prisons as well as the
delivery of programmes to reduce re-offending. The works element is
limited to HMP Wellingborough and includes the demolition of and construction
of secure accommodation and ancillaries. The services and works for HMP
Wellingborough could potentially be procured through a Private Finance
Initiative (PFI) using the design, build and operate model. It is anticipated
that a separate funding competition will be arranged by the winning bidder.
However, the Authority reserves the right to consider alternative funding and
contractual strategies including, without limitation, a capital injection by
the Authority whether funded by borrowing or otherwise. A requirement of the
PFI is that the contract documents are compliant with HM Treasury ( Healthcare and education
may be commissioned under this competition but most likely they will be
commissioned separately by the relevant Primary Care Trust and Learning and
Skills Council. The providers of the custodial services and works will be
expected to interface with the health care and education providers to
facilitate their delivery, for example, by ensuring prisoners are made
available on a timely basis. Interested parties
('Potential Providers') should note that the Authority’s in-house bid
unit (public sector) may bid for one or more of the lots subject to this
competition. Potential Providers should refer to the Authority’s
document called ‘Principles of Competition’ which is available to
download as one of the documents related to the Pre-Qualification
Questionnaire (PQQ). II.1.6) Common procurement vocabulary
(CPV): 75231210, 80530000,
80400000, 80000000, 72222300, 85110000, 85100000, 85000000, 45215100,
92610000, 80520000, 45210000, 45216113, 75231230, 50000000, 55500000,
75231210, 75231200, 75231220, 75231240, 75240000, 75241000, 79000000,
79993100, 79993000. II.1.7) Contract covered by the
Government Procurement Agreement (GPA): Yes. II.1.8) Division into lots: Yes. Tenders should be
submitted for: one or more lots. II.1.9) Variants will be
accepted: Yes. II.2) QUANTITY OR SCOPE OF THE
CONTRACT II.2.1) Total quantity or scope: As an indicative value,
based on the award of fifteen year contracts for lots 1-4 and a twenty five
year contract for lot 6 (lot 5 not awarded), the combined value is expected
to be between 1 850 000 000 GBP and 2 300 000 000 GBP. This is represents the
likely maximum value. Based on the award of
seven year contracts for lots 1-5 (lot 6 not awarded), the combined value is
expected to be between 790 000 000 GBP and 970 000 000 GBP. This is
represents the likely minimum value. Estimated value
excluding VAT: Range: between 790 000
000 and 2 300 000 000 GBP. II.2.2) Options: II.3) DURATION OF THE CONTRACT
OR TIME-LIMIT FOR COMPLETION: INFORMATION ABOUT LOTS LOT NO 1 TITLE: HMP 1) SHORT DESCRIPTION: Custodial services at
HMP Birmingham including the management, maintenance and operation of the
prison as well as the delivery of programmes to reduce re-offending. 2) COMMON PROCUREMENT
VOCABULARY (CPV): 75231210, 79993000,
75241000, 75240000, 75231240, 75231220, 75231200, 75231210, 50000000,
55500000, 75231230, 80520000, 92610000, 85000000, 85100000, 85110000,
72222300, 80000000, 80400000, 80530000. 3) QUANTITY OR SCOPE: The number of prisoner
places provided by the prison is currently 1 450 but may vary during the
contract period. It is anticipated that the contract period for the prison
will be 7 years. However, the Authority reserves the right to award a
contract for up to 15 years depending on the outcome of competitive dialogue.
This could result, for example, in the Authority awarding a contract for 7
years with an option to extend for a further 5 year period. Estimated cost excluding
VAT: Range: between 182 700
000 and 478 500 000 GBP. 4) INDICATION ABOUT
DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION: 5) ADDITIONAL INFORMATION
ABOUT LOTS: Additional NUTS code -
UKG31 ( LOT NO 2 TITLE: HMP
Buckley Hall 1) SHORT DESCRIPTION: Custodial services at
HMP Buckley Hall including the management, maintenance and operation of the
prison as well as the delivery of programmes to reduce re-offending. 2) COMMON PROCUREMENT
VOCABULARY (CPV): 75231210, 79993000,
75241000, 75240000, 75231240, 75231220, 75231200, 75231210, 55500000,
50000000, 75231230, 80520000, 92610000, 85000000, 85100000, 85110000,
72222300, 80000000, 80400000, 80530000. 3) QUANTITY OR SCOPE: The number of prisoner
places provided by the prison is currently 385 but may vary during the
contract period. It is anticipated that the contract period for the prison
will be 7 years. However, the Authority reserves the right to award a
contract for up to 15 years depending on the outcome of competitive dialogue.
This could result, for example, in the Authority awarding a contract for 7
years with an option to extend for a further 5 year period. Estimated cost excluding
VAT: Range: between 50 400
000 and 132 000 000 GBP. 4) INDICATION ABOUT
DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION: 5) ADDITIONAL INFORMATION
ABOUT LOTS: Additional NUTS code -
UKD4 ( LOT NO 3 TITLE: HMP
& YOI 1) SHORT DESCRIPTION: Custodial services at
HMP & YOI Doncaster including the management, maintenance and operation of
the prison as well as the delivery of programmes to reduce re-offending. 2) COMMON PROCUREMENT
VOCABULARY (CPV): 75231210, 80530000,
80400000, 80000000, 72222300, 85110000, 85100000, 85000000, 79993000,
75241000, 75240000, 75231240, 75231220, 75231200, 75231210, 55500000,
50000000, 75231230, 80520000, 92610000. 3) QUANTITY OR SCOPE: The number of prisoner
places provided by the prison is currently 1146 but may vary during the
contract period. It is anticipated that the contract period for the prison
will be 7 years. However, the Authority reserves the right to award a
contract for up to 15 years depending on the outcome of competitive dialogue.
This could result, for example, in the Authority awarding a contract for 7
years with an option to extend for a further 5 year period. Estimated cost excluding
VAT: Range: between 145 341
000 and 380 655 000 GBP. 4) INDICATION ABOUT
DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION: 5) ADDITIONAL INFORMATION
ABOUT LOTS: Additional NUTS code -
UKE31 ( LOT NO 4 TITLE: HMP
Featherstone II 1) SHORT DESCRIPTION: Custodial services at
HMP Featherstone II including the management, maintenance and operation of
the prison as well as the delivery of programmes to reduce re-offending. 2) COMMON PROCUREMENT
VOCABULARY (CPV): 75231210, 80530000,
80400000, 80000000, 72222300, 85110000, 85100000, 85000000, 45215100,
92610000, 80520000, 75231230, 50000000, 55500000, 75231210, 75231200,
75231220, 75231240, 75240000, 75241000, 79993000. 3) QUANTITY OR SCOPE: The number of prisoner
places provided by the prison is currently anticipated to be 2106 but may
vary during the contract period. It is anticipated that the contract period
for the prison will be 7 years. However, the Authority reserves the right to
award a contract for up to 15 years depending on the outcome of competitive
dialogue. This could result, for example, in the Authority awarding a
contract for 7 years with an option to extend for a further 5 year period. Estimated cost excluding
VAT: Range: between 331 695
000 and 868 725 000 GBP. 4) INDICATION ABOUT
DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION: 5) ADDITIONAL INFORMATION
ABOUT LOTS: Additional NUTS code -
UKG35 (Wolverhampton). LOT NO 5 TITLE: HMP
Wellingborough - Custodial services and works 1) SHORT DESCRIPTION: Custodial services at
HMP Wellingborough including the management, maintenance and operation of the
prison as well as the delivery of programmes to reduce re-offending. The
Authority may wish to demolish parts of the prison and construct new secure
accommodation and ancillaries. The Authority anticipates that it will procure
the works element itself separately from this competition but reserves the
right to consider alternative contractual strategies without limitation. For
example, the winning bidder may be required to manage the Authority’s
contracts for this work and this may include the novation of the
Authority’s contracts to the winning bidder. In the event that a contract
for lot 6 is awarded, a contract for this lot will not be awarded. 2) COMMON PROCUREMENT
VOCABULARY (CPV): 75231210, 45215100,
75231230, 50000000, 55500000, 75231210, 75231200, 75231220, 75231240,
75240000, 75241000, 79993000, 80520000, 92610000, 85000000, 85100000,
85110000, 72222300, 80000000, 80400000, 80530000, 45210000, 45216113. 3) QUANTITY OR SCOPE: The number of prisoner
places provided by the prison is currently 646 but may vary during the
contract period. It is anticipated that the contract period for the prison
will be 7 years. However, the Authority reserves the right to award a
contract for up to 15 years depending on the outcome of competitive dialogue.
This could result, for example, in the Authority awarding a contract for 7
years with an option to extend for a further 5 year period. Estimated cost excluding
VAT: Range: between 81 900
000 and 214 500 000 GBP. 4) INDICATION ABOUT
DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION: 5) ADDITIONAL INFORMATION
ABOUT LOTS: Additional NUTS code -
UKF2 (Northamptonshire). Of lots 5 and 6, only
one lot will be awarded. LOT NO 6 TITLE: HMP
Wellingborough - Custodial services and works 1) SHORT DESCRIPTION: Custodial services and
works at HMP Wellingborough including the management, maintenance and
operation of the prison as well as the delivery of programmes to reduce
re-offending. The works element includes the demolition of and construction
of secure accommodation and ancillaries. This lot could potentially be
procured through a Private Finance Initiative (PFI) using the design, build
and operate model. It is anticipated that a separate funding competition will
be arranged by the winning bidder. However, the Authority reserves the right
to consider alternative funding and contractual strategies including, without
limitation, a capital injection by the authority funded by borrowing or
otherwise. A requirement of the PFI is that the contract documents are
compliant with HM Treasury (United Kingdom government) requirements on the standardisation
of PFI contracts. In the event that a contract for lot 5 is awarded, a
contract for this lot will not be awarded. 2) COMMON PROCUREMENT
VOCABULARY (CPV): 75231210, 80530000,
80400000, 80000000, 72222300, 85110000, 85100000, 85000000, 45215100,
92610000, 80520000, 45216113, 79993000, 75241000, 75240000, 75231240,
75231220, 75231200, 75231210, 55500000, 50000000, 75231230, 45210000. 3) QUANTITY OR SCOPE: The number of prisoner
places provided by the prison is currently 646 but may vary during the
contract period. It is anticipated that the contract period for the prison
will be between 15 and 25 years depending on the contractual structure and
funding determined during the competitive dialogue. Estimated cost excluding
VAT: Range: between 211 500
000 and 434 500 000 GBP. 4) INDICATION ABOUT
DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION: 5) ADDITIONAL INFORMATION
ABOUT LOTS: Additional NUTS code -
UKF2 (Northamptonshire). Of lots 5 and 6, only
one lot will be awarded. SECTION III: LEGAL,
ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION III.1) CONDITIONS RELATING TO
THE CONTRACT III.1.1) Deposits and guarantees
required: No deposits are required
but company guarantees, including parent company, or performance bonds may be
required. Further details will be outlined in the Invitation to Participate
in Dialogue. III.1.2) Main financing
conditions and payment arrangements and/or reference to the relevant
provisions regulating them: Conditions and other
requirements may be made. Details of financing conditions and payment
arrangements will be outlined in the Invitation to Participate in Dialogue. III.1.3) Legal form to be taken
by the group of economic operators to whom the contract is to be awarded: The Authority intends to
enter into a contract with either a prime contractor (which may be an
existing company or special purpose vehicle) or consortium. The prime
contractor would be expected to be a single legal entity. Where a bidder is a
consortium, the Authority may require that each consortium member has joint
and several liability. Where necessary for the performance of the contract,
the consortium may be required to adopt a specific legal form. Joint ventures
or group bids should make clear the status, shares and stakes of all the
partners and the legal entity with whom the Authority would contract. In the
event of a joint venture or group bid, the partners must make clear how they
intend to deliver the services. Restrictions on consortia may apply and, if
so, will be set out in the contract documentation provided. III.1.4) Other particular
conditions to which the performance of the contract is subject: Yes. The execution of
custodial services is governed by the provisions of the Criminal Justice Act
1991, as amended by the Criminal Justice and public Order Act 1994 and the
Offender Management Act 2007. The PQQ and Descriptive
Document set out particular conditions that must be complied with. The
Invitation to Participate in Dialogue will also set further conditions that
must be complied with. A requirement of the PFI
is that the contract documents are compliant with HM Treasury (United Kingdom
government) requirements on the standardisation of PFI contracts. 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: A PQQ must be
completed by parties wishing to participate in the competition. (V1.3 below
sets out how to download the PQQ and related documentation). Potential Providers may
tender for any one or more lots. The Authority reserves the right to consider
whether a tender for a combination of lots represents the most economically
advantageous tender overall for such lots, when compared to tenders for
single lots. III.2.2) Economic and financial
capacity: Information and
formalities necessary for evaluating if requirements are met: The minimum
level(s) of standards required are as set out in the PQQ and Descriptive
Document. Potential Providers are to note that a number of criteria will be
assessed on a pass/fail basis. See also III.2.1. Minimum level(s) of
standards possibly required: In the event that a Potential Provider applies
for lots in excess of their financial standing (based on the anticipated
maximum annual value of the lots relative to annual turnover, liquidity,
etc.), the Authority will reduce the number of lots they are eligible for in
consideration of the lot preferences indicated by the Potential Provider in
the PQQ. III.2.3) Technical capacity: Information and
formalities necessary for evaluating if requirements are met: See III.2.1. Minimum level(s) of
standards possibly required: See III.2.1. 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: 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: 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: 6 Objective criteria for
choosing the limited number of candidates: The Authority is seeking a maximum
of four Potential Providers for each lot excluding any public sector bid that
may be forthcoming. It is seeking to limit
the number of Potential Providers participating in this competition overall
to 6; also excluding any public sector bid. However, the Authority reserves
the right to include more than six Potential Providers overall if there are
less than 3 Potential Providers for each lot. Potential Providers will
be selected to participate in the competitive dialogue for each lot according
to the responses given to the PQQ. They must first meet a minimum threshold
to be deemed 'compliant', and will then be ranked relative to the other
Potential Providers in accordance with the system described in the
Descriptive Document. 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: IV.3.2) Previous publication(s)
concerning the same contract: No. 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: 4.1.2010 - 12:00. Payable documents: no. IV.3.4) Time-limit for receipt
of tenders or requests to participate: 4.1.2010 - 12:00. 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: Yes. Estimated timing for
further notices to be published: This Contract Notice announces the
competition of 4 existing prisons and 1 new-build prison in a programme
currently expected to include up to 8 prisons in total. The timescales for
the further competitions are not yet confirmed. VI.2) CONTRACT RELATED TO A
PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS: No. VI.3) ADDITIONAL INFORMATION: Bidders should note that
the Authority’s in-house bid unit (public sector) may bid for one or
more of the lots subject to this competition. Bidders should refer to the
Authority’s document called ‘Principles of Competition’
which is available to download as one of the documents related to the PQQ. The Contracting
Authority will be using an eSourcing portal for this competition which can be
accessed at https://justice.bravosolution.co.uk. Details of how to register
and express an interest are set out below. Once potential bidders have registered
and expressed an interest in this competition they will be able to access the
PQQ and related documentation. Details of how to complete and submit the PQQ
can be found within these documents. How to register on the
eSourcing website: 1. Access the eSourcing
website located at https://justice.bravosolution.co.uk. 2. On the homepage,
select the link to ‘register’. 3. Review and accept the
terms and conditions and select ‘continue’. 4. Enter your correct
business and user details. Please note the username you chose and select
‘Save’ when complete. You will shortly receive an email with your
unique password (please keep this secure). How to express an
interest in the competition: 1. Log in to the website
with the username and password emailed to you. 2. Select the
‘PQQs Open To All Suppliers’ link. (These are Pre-Qualification
Questionnaires or Invitations to Tender open to any registered supplier). 3. Select the relevant
PQQ called ‘Competition for Custodial Services and Works' to access the
documentation for this competition. 4. Select the
‘Express Interest’ button in the ‘Actions’ box on the
left-hand side of the page. This will move the PQQ into your ‘My
PQQs’ page. (This is a secure area reserved for your projects only) 5. The PQQ and related documentation
can be accessed by selecting the ‘Settings and Buyer Attachments’
in the ‘Actions’ box 3. 6. You can now choose to
‘Reply’ or ‘Reject’ (please give a reason if
rejecting). 7. The
‘Messages’ function can also be used to communicate with the Authority
and seek any clarifications. 8. Please note the
deadline for completion and submission of the PQQ and related documentation. 9. If you require any
further assistance please consult the online help, or contact the eSourcing
help desk using the contact details on the website. There is no intent to
create a contract as to how this process will run. Subject to law, the
Contracting Authority reserves its full rights including not to award or to
amend. The Authority is not
liable for any costs incurred by those either expressing an interest or
engaging in this competition. The Authority reserves the right to reject all
or any bids under this competition and not award a contract, without any
liability on its part. Nothing in this competition shall generate any
contractual obligations prior to the signature of any contract following this
competition. The Authority reserves
the right to enable or require participants to attend various ‘all
bidder’ information and orientation events. The Freedom of
information Act came into force in 2005. If any organisation considers that
any information supplied by them is either commercially sensitive or
confidential in nature, this should be highlighted and the reasons for the
sensitivity as well as the duration of such sensitivities specified. In such
cases the relevant material will in response to FOI requests, be examined in
the light of exemptions provided for in the Act. VI.4) PROCEDURES FOR APPEAL VI.4.1) Body responsible for
appeal procedures: See VI.4.2. VI.4.2) Lodging of appeals: Precise information on
deadline(s) for lodging appeals: The Authority will incorporate at least a 10
calendar day standstill period after contract award decisions are taken but
before contracts are signed. At that time information on the bids and the
award of the contract will be communicated to tenderers. This period allows
unsuccessful tenderers to seek further debriefing from the Authority before
the contract is entered into. Applicants have 2 working days from the
notification of the award decision to request certain additional debriefing
and that information which has to be provided a minimum of 3 working days
before the expiry of the standstill period. If questions regarding
the award of a contract have not been successfully resolved the Public
Contracts Regulations 2006 (SI 2006 n° 5) 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 is subject to requirements of prior notice, must be brought promptly
and, in any event within 3 months. VI.4.3) Service from which
information about the lodging of appeals may be obtained: See VI.4.2. VI.5) DATE OF DISPATCH OF THIS NOTICE: 16.11.2009. |
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