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

The framework will be available to use by the Welsh Government. In addition the framework can also be used by the following, Abertawe Bro Morgannwg University Health Board, Aneurin Bevan University Health Board, Betsi Cadwaladr University Health Board, Cardiff & Vale University Health Board, Cwm Taf University Health Board, Hywel Dda University Health Board, Powys Teaching Health Board, Welsh Ambulance Services NHS Trust, Public Health Wales, Velindre NHS Trust

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

Wales

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)

Infrastructure investment is a key Welsh Government priority. In line with the priorities set out in the Wales Infrastructure Investment Plan (WIIP), in May 2014 Welsh Ministers announced their intention to deliver two major infrastructure schemes using the Non-profit Distributing (NPD) model, namely: dualling of sections 5 and 6 of the A465 [the A465], delivery of the Velindre Cancer Campus [Velindre].

The Welsh Government, on behalf of Welsh Ministers [the Client], wishes to establish a Framework with three (3) separate, single supplier lots, for legal, financial and insurance services to advise on and support the development and implementation of these two NPD schemes, in the first instance.To support this it is anticipated the first piece of work required from Lot 1 will be the development of the Standard Form Contract and associated documentation.

The Supplier appointed to each of these individual Lots will not be guaranteed any business or income as a result of the appointment. Nor will the Supplier be the sole supplier of either legal or financial or insurance services to the Client or Participating Organisations.

NOTE: The authority is using eTenderwales to carry out this procurement process. To obtain further information record your interest on Sell2Wales at http://www.sell2wales.gov.uk/search/search_switch.aspx?ID=28171

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

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

As set out in the Invitation to Tender (ITT).

The awarding authority reserves the right to request parent company and/or other guarantees of performance and financial liability.

III.1.2)

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

As set out in the Invitation to Tender (ITT).

Payment terms will be indicated in the contract documents. Tenders to be priced in Sterling. Payment to be made in Sterling only.

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

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

(4) 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.

(5) 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.

(6) 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

(7) 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

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

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

C309/2014/2015

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

E-TENDER INFORMATION:

https://etenderwales.bravosolution.co.uk

- The first person from your Organisation to use the Platform will be required to register on behalf of the Organisation.

- Registration involves accepting a User Agreement, and providing basic information about your Organisation and about the User performing the Registration.

- The User who performs the Registration becomes the Super User for the Organisation.

- On registering on the Platform the Super User will select a Username and will receive a password.

- The Password will be sent by e-mail to the email address that was specified in the User Details section of the Registration page.

- In order to log-in to the Platform please enter your Username and Password.

- Note: If you forget your Password then visit the homepage and click “Forgot your password?”

- Registration should only be performed once for each Organisation.

- If you think that someone in your Organisation may have already registered on this Platform then you must not register again.

- Please contact the person who Registered (i.e. the Super User) in order to arrange access to the Platform.

- Contact the Helpdesk immediately if you are unable to contact the Super User (for example if they have left your Organisation).

- Note: If your Organisation is already registered on the Platform then you must not make any additional registration. Please contact the Helpdesk to gain access to the Platform.

- Tenders must be uploaded to the BravoSolution portal by 2pm

HOW TO FIND THE PQQ:

- Once logged in you must click on ‘PQQ’s Open to all Suppliers’

- The etender references for this contract are: project_30377, pqq_31854

- Click on the title to access summary details of the contract. If you are still interested in submitting a tender, click the ‘Express an Interest button’.

- You will then see the full details of in the qualification and technical envelopes along with any relevant documents in the ‘Attachments’ area.

- Should you have any questions, please use the ‘Messages’ area to contact the buyer directly – Please do not contact the named person at the top of this notice.

Please note the inital Framework term is 2 years, with an option to extend for a further 12 months if required.

(WA Ref:28171)

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 information contained within the ITT.

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 B

Information About Lots

1)

Short Description

The Client wishes to appoint a single supplier to provide legal advice services on NPD schemes in Wales. It is anticipated that the first two schemes will be the A465 NPD scheme and the Velindre NHS Trust NPD scheme. It is likely that the first piece of work required under this Lot will be the development of the Standard Form Contract and associated documentation.Other schemes may become available during the lifetime of this framework. The Service required is the provision of a full range of legal services to Participating Organisations procuring infrastructure via an NPD or similar model. The current NPD classification review being undertaken by the ONS may require the nature of the Services provided under the framework to change during the term of the Framework Agreement and any subsequent Call-Off Contracts. This includes, but is not limited to, an infrastructure scheme starting as an NPD scheme but subsequently being restructured to follow a different funding model, or vice versa.

Advice will be required, but not limited to, the following areas: Document Preparation, Outline Business Case / Project Development, Pre-OJEU: Approval of project to pre-OJEU issue, OJEU: Short listing of bidders, Invitation to Participate in Dialogue (ITPD) and Invitation to Continue Dialogue (ITCD) with interim bid evaluation (if applicable), Issued for Tender (IFT) and IFT evaluation, Preferred Bidder: Contract Award, Post Contract Award.

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

estimated 3000000

4)

Indication about different contract dates

5)

Additional Information about lots

ANNEX B

Information About Lots

1)

Short Description

The Client wishes to appoint a single supplier to provide financial advice services on NPD schemes in Wales. It is anticipated that the first two schemes will be the A465 NPD scheme and the Velindre NHS Trust NPD scheme. Other schemes may become available during the lifetime of this framework. The Service required is the provision of a full range of financial services to Participating Organisations procuring infrastructure via an NPD or similar model. The current NPD classification review being undertaken by the ONS may require the nature of the Services provided under the framework to change during the term of the Framework Agreement and any subsequent Call-Off Contracts. This includes, but is not limited to, an infrastructure scheme starting as an NPD scheme but subsequently being restructured to follow a different funding model, or vice versa.

Advice will be required, but not limited to, the following areas: Outline Business Case / Project Development, Pre-OJEU: Approval of project to pre-OJEU issue (assumes financial advisor manages Pre- Qualification Questionnaire (PQQ) financial evaluation), OJEU: Short-listing of Bidders (assumes financial advisor manages PQQ financial evaluation), Invitation to Participate in Dialogue (ITPD) and Invitation to Continue Dialogue (ITCD) with interim bid evaluation (if applicable), Issued for Tender (IFT) and IFT evaluation, Preferred Bidder: Contract Award and Post Contract Award.

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

estimated 3000000

4)

Indication about different contract dates

5)

Additional Information about lots

ANNEX B

Information About Lots

1)

Short Description

The Client wishes to appoint a single supplier to provide insurance advice services on NPD schemes in Wales. It is anticipated that the first two schemes will be the A465 NPD scheme and the Velindre NHS Trust NPD scheme. Other schemes may become available during the lifetime of this framework. The Service required is the provision of a full range of insurance services to Participating Organisations procuring infrastructure via an NPD or similar model. The current NPD classification review being undertaken by the ONS may require the nature of the Services provided under the framework to change during the term of the Framework Agreement and any subsequent Call-Off Contracts. This includes, but is not limited to, an infrastructure scheme starting as an NPD scheme but subsequently being restructured to follow a different funding model, or vice versa.

Advice will be required, but not limited to, the following areas: Project appraisal and insurance due diligence, Development of ITPD Documentation, Dialogue during ITPD Bid Preparation, Interim bid evaluation, Invitation to Submit Final Tenders (ISFT), Preferred Bidder , Closure & Post Contract Award

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

estimated 750000

4)

Indication about different contract dates

5)

Additional Information about lots