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

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

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

The City of Cardiff

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)

Cardiff the Capital City of Wales, is home to St David’s Hall, which is the National Concert Hall and Conference Centre of Wales; and the New Theatre, a major component of the theatrical provision for not only Wales but for the UK as a whole. The City of Cardiff Council is renowned for its commitment to the presentation of quality productions at its venues and, with St David’s Hall, its significance to the overall serious music provision in Wales. The Council recognises that its venues play a fundamental part in ensuring that Cardiff residents are able to enjoy a range of differing artistic genres, styles and presentations of commercial and locally generated productions; and both play an integral part of providing a significant proportion of the overall live performance programme for Cardiff.

However, the Council is experiencing severe financial pressure on its non-statutory services. As a result it recognises the need to maximise the income potential from its portfolio and to minimise the need for any continuing subsidy whilst ideally keeping the whole of its portfolio open and available for public use.

The City of Cardiff Council is therefore seeking proposals for the operation, management and maintenance of both of its venues with the aim of achieving significant reduction in subsidy within the first year of the contract and further reductions in years 2 and 3, and maintaining reductions thereafter.

The Council is seeking bids for each of the venues. Whilst bidders may only be interested in bidding for one or either venue the Council is keen to encourage bidders to bid for both as it recognises efficiencies of scale may be an important factor in achieving the objectives of the procurement.

It is therefore the intention of the Council to utilise 3 lots for this procurement:

Lot One will be St David’s Hall

Lot Two will be New Theatre

Lot Three will be St David’s Hall and New Theatre

The Council also intends to use a strategy of reducing the number of bidders being required to participate in the dialogue stages to maximise the efficiency of the process for all parties. The Council is therefore intending to take a maximum of six bidders through from PQQ into Competitive Dialogue; a maximum of four bidders to the detailed tender stage and a maximum of two bidders to Final Tender for Lot One and Two. For Lot Three the Council is intending to take a maximum of eight bidders through from PQQ into Competitive Dialogue; a maximum of six bidders to the detailed tender stage and a maximum of four bidders to Final Tender.

The contracts being procured are expected to be between 15 and 35 years in length. The Council wants to facilitate the ability for bidders to make bold investment decisions which they may consider necessary to achieve the significantly reduced subsidy position within the first three years. By adopting a longer term approach it is hoped that this will provide the comfort to bidders needing to be assured they have a sufficient operating term over which to amortise their investment.

Bidders are recommended to review the report to Cardiff’s Cabinet on the culture and leisure portfolio dated 15th May 2014. As the report makes clear, the procurement must achieve a significant financial improvement for the Council over the position that could be achieved by retaining the facilities with an enhanced in-house position (which will be the default position throughout the procurement process).

The Council is looking for proposals that offer long-term benefit and sustainability of each venue to the community of Cardiff and its surrounding areas, in addition to providing a varied arts and cultural performance programme and ensuring the continuation of the classical and serious music programme required to maintain St David’s Hall’s reputation and position as the National Concert Hall of Wales. The Council is committed to facilitating access for everyone to high quality productions and presentations and wishes to promote increased usage of the venues amongst all age groups and build on the work already undertaken by the in house Community and Education team.

The Council considers that this is a contract for Part B services under the Public Contracts Regulations 2006 as amended ('the Regulations') or a service concession contract that falls outside of the scope of the Regulations. Consequently this is a voluntary notice and the Council is not bound by many of the formalities of the Regulations and reserves the right to use such flexibilities in this procurement process.

It is expected that the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended ("TUPE") will apply to the award of this contract and that staff may transfer to an incoming provider. Bidders are expected to seek independent legal advice on the application of TUPE in these arrangements.

The Council reserves the right not to award the opportunity or to award only part of the opportunity described in this notice or to vary the final configuration and content of the opportunity.

Welsh Language Standards will be applicable throughout the term of the contract.

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=19833.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

one lot only

one or more lots

all 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

If analysis of your financial position shows that further measures are necessary to provide adequate assurance of your

financial strength you will be expected to provide one of the following:-

A parent company guarantee

A performance guarantee bond

Bank guarantee

Advance payment bond

III.1.2)

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

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

that in the case of a partnership or consortium or other group of more than one legal entity bidding together, the contract

will be with either (1) all bidders on the basis of joint and several liability, or (2) with one or more of the parties acting

as 'prime contractor' (and where more than one, on a joint and several liability basis). Where the contract is with a

special purpose company with separate legal personality established for the project, the contracting authority will

require sufficient guarantees to be given by participants in that company or their parents.

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.

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

III.3)

Conditions Specific to Service Contracts

III.3.1)

Is provision of the service reserved to a specific profession?

III.3.2)

Will legal entities be required to state the names and professional qualifications of the personnel responsible for the execution of the service?

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

Pass/Fail questions and Quality Threshold of 40 per cent overall.

Envisaged maximum number of bidders for Lot 1 and 2 - 6

Envisaged maximum number of bidders for Lot 3 - 8

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

ERFX1000358

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

all Contractors who wish to participate must register and access the PQQ via the below portal:

https://www.proactisplaza.com/supplierportal/?cid=cardiff

steps to follow:

a) Click on link:

https://www.proactisplaza.com/supplierportal/?cid=cardiff

b)To register - Click on ‘Register Now’ button

- Enter the information requested and click on the ‘Register’ button to start the process

- An activation email will be sent to the email address of the primary contact.

- Click on the link contained in the email to activate your account

- The supplier will then be asked to provide basic organisational information and register against the relevant CPV codes and select Cardiff Council as a buyer

c)To access opportunity - Click on ‘Opportunities’(only have to log on to bid, can view opportunity without logging on)

- Once logged in click on Opportunities tab at the top of the page

- Click on advanced search and a box will appear – in the buyer box type in Cardiff

- Find opportunity and click on ‘view’

You will be able to see the opportunity notice tab, Items tab (each Lot) and the documents tab

Click on ‘Register Interest’

d)To create a response - Click on ‘Request from Buyers’ within the opportunity tab

- Select the opportunity that you have registered against

- Select ‘Create a Response’

- Run through the wizard to create a response

e)To complete a response

The response is made up of 5 tabs:

- General – This is where you can note any additional information for the buyer

- Item – This is where you will select the Lot/s you are not interested in

- Questionnaire – This is where you answer PQQ related to the procurement (please click on the’?’ whenever you see the symbol as this provides you with question specific information).

Question response types will vary between attachments, drop down list, numerical or text input.

Attachments – This is where you can attach any additional documents

Reference Fields – not applicable

Save you response regularly

Helpful Hints and Tips – Please read

Important: Please read this section before completing any questions.

- Read all instructions - Please ensure that you read and understand all the required instructions/actions and appropriate deadlines and any subsequent communication.

- Secure login - Please treat your Proactis portal logins securely. If you believe you have lost your password, please log on to the website and click 'Forgotten Password'.

- Save regularly - For security reasons your access to the portal will 'time out' if inactive for 20 minutes if you do not click 'save changes' within this time. Failure to do so will mean you risk losing your work.

- You are able to save your response and come back to it at any time.

- Communication / Messages: To write or read any messages use the secure messaging to communicate with the Council and to seek clarification, this will provide an audit trail for all discussions and clarifications. Please click on the opportunity and click the ‘view messages’ button.

- Response time - Do not leave your response until the last minute or hours before the deadline. If you experience connection problems you will miss the deadline and your response may be deemed non-compliant and rejected. Always upload generic information early to avoid last minute time pressure.

- Attachment size – Size attachments should be no larger than 16mb.

Please note depending on the time of day and internet traffic, the submission of large electronic files may take some time. The speed at which your submission is received will also depend on the size of the file and the internet bandwidth available to you.

Allow sufficient time when tendering electronically. As a general guide, a simple two page text file should take less than 30 seconds to transmit. A large file (i.e. one approaching 4mb file size) may take several minutes to transmit.

ALL of the submission must be received prior to the submission deadline.

If your submission is part received when the deadline is reached, the submission will fail. As a general rule, if the transmission process has not completed within 10 minutes, it has been unsuccessful.

- Submiting responses - Please submit your response when completed. This will submit your response to the Council.

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Select Tools and then Compatibility View Settings.

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(WA Ref:19833)

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:

Please see tender documents for more information

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:

VI.4.3)

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

VI.5)

Dispatch date of this Notice

ANNEX A

Additional Addresses and Contact Points

I)

Address and contact points from which further information can be obtained

ANNEX B

Information About Lots

1)

Short Description

The management and operation of St David's Hall

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

The management and operation of St David's Hall

4)

Indication about different contract dates

5)

Additional Information about lots

The above figures are based on current income and expenditure budgets.

The period of the contract will be in the region of 15-35 years.

ANNEX B

Information About Lots

1)

Short Description

The management and operation of the New Theatre

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

The management and operation of the New Theatre

4)

Indication about different contract dates

5)

Additional Information about lots

The above figures are based on current income and expenditure budgets.

The period of the contract will be in the region of 15-35 years.

ANNEX B

Information About Lots

1)

Short Description

The management and operation of St David's Hall and New Theatre

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

The management and operation of St David's Hall and New Theatre

4)

Indication about different contract dates

5)

Additional Information about lots

The above figures are based on current income and expenditure budgets.

The period of the contract will be in the region of 15-35 years.