CONTRACT NOTICE – OFFICIAL JOURNAL

Section I: Contracting Authority

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Please See Contract Scope for Details

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

II.1.2(a))

Type of works contract

Execution		Design and execution
Execution, by whatever means

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

Generally within the County of Flintshire, but potentially wider due to the potential participation of other Contracting Authorities.

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

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

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

Flintshire Council ('the Council') is commencing a procurement via the Competitive Dialogue process (‘the Process’) for a contract (‘the Contract’) to appoint developer(s) (‘the Developer(s)’) and potentially funders (‘the Funder(s)’), (collectively ‘the Contractor(s)) for the Strategic Housing and Regeneration Programme (‘SHARP’) (‘the Programme’). The Council is working towards a Contract award date during spring 2015 aiming towards a start date on site of autumn 2015.

The Council has issued a PIN in respect of this procurement and carried out a Market Consultation. Details of this can be found within the documents issued in respect of this Process (‘the Process Documents’) which be accessed via the Council’s Proactis portal. Market Consultation documents can also be accessed via the following link:

www.flintshire.gov.uk/SHARP

The background to the procurement is that the Council is currently implementing the Masterplan for the regeneration of Flint (‘the Masterplan’). The Masterplan identifies a number of strategic objectives for the town:

- to better serve the local catchment;

- to reconnect Flint’s assets;

- to transform Flint’s physical image;

- to encourage economic growth through job creation;

- to embed Flint within the sub regional tourism network;

- to more effectively promote the town and its opportunities.

Further details can be found within the Masterplan which is contained within the Process Documents.

Hence the primary purpose of the Programme is to commission Contractor(s) (i.e. Developer(s) and potentially also a Funder(s)), for up to 125 homes across 3 town centre sites. The largest site (anticipated 100 houses) is Council owned and currently sites maisonettes, (the demolition of which is currently underway and expected to be completed by early 2015). Two additional town centre sites are anticipated to accommodate 11 apartments and 12 houses.

The redevelopment of Flint will form part of a wider regeneration plan for Flintshire which aims to build up to 500 homes over the next 5 years. There is also scope within the Programme for non-residential development. The Council may also require the provision of funding for some of the developments and they may also be scope for the Council to invest land for private development. There will also be an option to extend the Contract for a further period of up to 5 years.

Whilst it is not possible to predict the Council’s future development requirements (during a period which may extend to 2025), safe to say that these requirements may be wide and varied and are likely to be particularly complex (in particular this is with reference to the potential for future redevelopment of the Council’s existing land and built assets): or indeed the requirements may be limited. On this basis, the Council reserves the right to commission services from the Contractors within the scope of the CPV codes published in this notice and is seeking a contract form which will be flexible enough to cope with the potentially varied regeneration and development requirements that may occur over the contract term (including any extensions).

With this in mind the Council is seeking to dialogue its requirements with Participants during the Process and the competitive dialogue process is to be used as the Council is not able to specify the feasibility and scope of the Programme; and further as a result, the legal and financial make-up of the Contract without input from Participants. Indeed it is an objective of the Process to appoint Contractor(s) who will assist the Council in the development of the building programme, incorporating funding and investment as may be required. In other words to commission a strategic development partner for Flintshire.

The Council has identified a number of potential new homes sites across Flintshire. A range of sites have currently been identified (and more sites may also be added). At the moment, these sites vary in size (from small brown field sites accommodating 2/3 homes to larger green field plots). In total the plots (currently identified and including Flint) would accommodate approximately 200 new homes with tenure mix of social; affordable and market rent. However please note that the potential to develop these (and any other) sites is currently at a conceptual stage, with the Council commissioning feasibility studies to investigate the development potential of these sites. Details of the sites can be found within the Process Documents.

The Contract may also be open for the usage of other Contracting Authorities (‘Named Authorities’), although such usage may not occur.

The Council welcomes participation from fully formed or potential consortia.

The Council is also intending to commissioning procurement of the refurbishment services for the Flint tower blocks during the Autumn of 2014. A framework for materials has recently been commissioned. It is the Council’s current intention that the Developers will have access to these refurbishment materials and services frameworks for the completion of the development works.

NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site at http://www.sell2wales.gov.uk/Search/Search_Switch.aspx?ID=14592.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or 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

Details of any required deposits and guarantees which may be required will be dialogued with Participants during the Process.

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

Please see the Process Documents for further details. Finance and payment terms will be dialogued with Participants during the Process.

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

The Council reserves 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 vehicle to be established.

III.1.4)

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

III.2)

Conditions for Participation

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

(1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.

(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.

(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.

(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.

(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.

(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.

(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.

(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established

(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

Section IV: Procedure

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate

Objective criteria for choosing the limited number of candidates

As set out in the Process documents.

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

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

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

IV.3.6)

Language or languages in which tenders or requests to participate can be drawn up

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender 

IV.3.8)

Conditions for opening tenders

Section VI: Other Information

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

VI.3)

Additional Information

Candidates should note that this tender is being undertaken using an electronic tendering system Proactis. Details of how to register and access the documentation are given below. No paper tender documents will be issued or received.

Instructions to Express Interest and Access Documentation

1. Log in to the Proactis Plaza E-Sourcing Portal at https://www.proactisplaza.com/?cid=Flintshire

2. PLEASE NOTE - If you are already registered on the Proactis portal please Login using your existing details and start at Step 12 of these instructions if not go to STEP 3

3. Click the “Register Now” button at the bottom of the window

4. Enter your correct Organisation Name, Details and Primary Contact Details. The system will auto generate the Organisation ID and User Name for you. Please note that if you have a Generic email address for your organisation e.g. tenders@xxx.co.uk then please use this as the primary contact email address as this will allow you to still receive messages compared to where you have a specific person identified in this role and they move on at a point in the future.

5. Please make a note of the Organisation ID and User Name, and then click “Register”.

6. You will then receive an email from the system asking you to “Click here to activate your account”. This takes you to Enter Organisation Details.

7. Please enter the information requested, click “Next” and follow the instructions ensuring that you enter all applicable details.

8. In the Enter Product Classification screen please ensure that you select the Product Classification Codes (CPV Codes) that appear in the tender notice as this will give you access to the tender process.

9. In the Select Buyer Organisation please select Denbighshire County Council (although you may register with other buying organisations at the same time if you wish)

10. Accept the Terms and Conditions and then click “Next”. This takes you in to the Welcome window.

11. In the “Welcome” window please enter your Organisation name; Organisation ID and User Name (User ID).You now need to create your unique password. Please ensure that you make a note of this along with the other information already recorded.

12. Now click “Done” and you will enter the Supplier Home page.

13. On the left of the screen click “Opportunities”

14. Click the “Requests from Buyers” command. This will take you to the list of current opportunities available to you.

15. Click the Project ID that relates to this notice, this will take you into the PQQ or Tender Request. Note there may be several opportunities that appear on this screen, please ensure that you select the correct one for your organisation.

16. In the “Details of a Request from a Buyer” screen please note the closing time and date for completion of the relevant project. Please review the “Items” tab (Tender stage only) and the Documents tab (PQQ and Tender stages) as there will be information relating to the project held here. Please ensure that you download all documents to your PC as you will be required to complete and upload some of the documents as part of your submission. There also instructions on how to complete your submission in the Guidance for Bidders document held in this section

17. You can now either “Create a Response” to, or “Decline” this opportunity.

18. Once you have started to complete your response to the opportunity and wish to save and return later click “Save” having made a note of the Response reference number. The next time you Login to access the opportunity, please go to the “My Responses to Buyers” tab and identify the relevant response that you previously saved. If you inadvertently create any additional responses please note that any information that you have already input into the initial or subsequent responses does NOT carry over to any new response and you may lose anything already input.

19. If you are adding attachments at any point in the process please ensure that you click the “Add to Library” button as if you are invited to any subsequent opportunities in the future to tender any documents that you have added will automatically be added to your submission and all you will be required to do is check that they are the current version. This is a secure system and your documents will not be accessed by any other party.

20. Please note that any queries must be sent via the secure dialogue section of the e-tender portal. We will not respond to any queries received by any other method.

21. If you require any further assistance please contact Stuart Andrews by email on stuart.andrews@denbighshire.gov.uk, or by telephone on 01824 712677. (Please note that Stuart is supporting Flintshire in the administration of this Process).

Please note that Process Documents will be available on Proactis from 12:00 noon on the 30th September 2014 or 12:00 noon on the date of publication, whichever is the later.

(WA Ref:14592)

The Contractor shall ensure that all contracts with Subcontractors and Suppliers which the Contractor intends to procure following the Award date, and which the Contractor has not, before the date of this Contract, already planned to award to a particular Subcontractor or Supplier, are advertised through the Sell2Wales portal (www.sell2wales.co.uk) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract.

Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:

Training and employment targets – work experience, mentoring;

Shared Apprenticeship Scheme;

Open opportunities to bid for SMEs – advertise Tier 1 on sell2wales, meet the buyer events;

Embed the use of the Fair Payment Charter;

Consider opportunities for supported businesses;

Promote equality and diversity through supply chain;

and Education – inc. work placements;

the use of sustainable building code specifications;

reduction of environmental impacts and environmental enhancement.

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

The Council will incorporate a minimum 10 calendar day standstill period at the point that an award decision is communicated to Tenderers. The award decision notice will specify the criteria for the award of the contract/framework agreement, the reasons for the decision, including the characteristics and relative advantages, the name and score of the successful tender: and will specify when the standstill period is expected to end or the date before which the contracting authority will not conclude the Contract. If an appeal regarding the award of a contract has not been successfully resolved, the Public Contracts (Amendment) Regulations 2009 provide for aggrieved parties who have been harmed or at risk of a breach of the rules to take action in the High Court (England, Wales and Northern Ireland. Any such action must be brought promptly (generally within 3 months) The court may order the setting aside of the award decision or may order the Contracting Authority to amend any document and may award damages. If a Contract has been entered into the Court may make a declaration of ineffectiveness or may order that the duration of any relevant specific contract be shortened and additionally may award damages. The time limit for seeking such a declaration is generally 30 days from notification of the award (either by award decision notification or contract award notice depending upon the circumstances) or otherwise 6 months.

VI.4.3)

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

VI.5)

Dispatch date of this Notice