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Document 106321-2009-


Accès au document : http://ted.europa.eu/udl?uri=TED:NOTICE:106321-2009:TEXT:EN:HTML
16/04/2009    S73    European Communities – Services – Competitive dialogues

UK-Sheffield: highway maintenance work

2009/S 73-106321

CONTRACT NOTICE

Services

SECTION I: CONTRACTING AUTHORITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S):

Sheffield City Council, Highways Project Office, Sheffield City Council , 4th Floor, Town Hall, Contact: Highways Project Office, Attn: Liz Buck, UK-Sheffield S1 2HH. Tel.  +44 1142734291 / 1142735553. E-mail: highwaysprocurementteam@sheffield.gov.uk.

Internet address(es):

General address of the contracting authority: www.sheffield.gov.uk.

Address of the buyer profile: http://www.mytenders.org/search/Search_AuthProfile.aspx?ID=AA0143.

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:
Regional or local authority.
General public services.

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority:
Sheffield Highway Maintenance PFI Project.
II.1.2) Type of contract and location of works, place of delivery or of performance:
Services.
Service category: No 1.
Main place of performance: Primarily within the City of Sheffield.

NUTS code: UKE32 .

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):

Highway maintenance services including but not limited to: rehabilitation and ongoing maintenance including, if appropriate, replacement or renewal of carriageways and footways, streetlights, signs, traffic signals, bridges and structures and street furniture; related environmental maintenance of the highway; design and build of improvement schemes; and any other highway related services. A detailed description of the Project is included in the Descriptive Document which can be downloaded from: http://www.sheffield.gov.uk/roads-and-transport/schemes-projects/streetsaheadproject.

Note: To register your interest in this notice and obtain any additional information please visit the myTenders Web Site at http://www.myTenders.org/Search/Search_Switch.aspx?ID=59550.

II.1.6) Common procurement vocabulary (CPV):

45233139, 71311220, 50232100, 50232200, 50230000, 90610000, 45233229, 77211500, 71322000, 71631400, 90620000, 71631450, 71631480, 90630000, 90640000, 90690000, 50324200, 45233142, 45262330, 45112730, 44114200, 45262670, 71630000, 50760000, 79342300, 34992000, 44212120, 34954000, 79342311, 75252000, 79313000, 79430000, 79633000, 45233000, 45233300, 45233253, 45200000, 45221100, 50232110, 45233290, 45233291, 45233293, 45315100, 45315300, 45316210, 45316211, 45316212, 45316213, 45233251, 45453100, 45262620, 45262300, 45221119, 45233290, 45232451, 45223000, 45316100, 45233280, 45223100, 45000000, 31000000, 50000000, 77300000, 34929000, 71311210, 77314000, 34993000, 45233221, 45316110, 45233162, 34922100, 45233262, 79420000, 90710000.

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 Authority is seeking to appoint a Service Provider who will provide a comprehensive 'fence to fence' integrated highway maintenance service, together with highway improvement works as required, that will provide benefits for local communities and the economic prosperity of the City. Contract performance conditions will relate to the Highway network and include social and environmental considerations. The Authority currently operates out of a number of depots and the Service Provider will have the opportunity to utilise the depots and the businesses therein. The Authority expects the contract to be for 25 years but reserves the right to award a contract for a period of between 20 and 30 years.
Estimated value excluding VAT: 2 000 000 000 GBP.
II.2.2) Options:
Yes.
Description of these options: At present, it is not proposed that a formal funding competition will be a mandatory element in the procurement process. The Authority will however closely monitor the funding market and the progress of similar deals (with and without mandatory funding competitions), retain an unfettered right to hold a funding competition, maintain an active engagement with all Bidders on the state of the funding market and use the Competitive Dialogue process to establish whether Bidders could offer better value as a result of testing the whole market for funding terms. The Authority expects the contract to be for 25 years but reserves the right to award a contract for a period of between 20 and 30 years.
II.3) DURATION OF THE CONTRACT OR TIME-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:
The Authority will require Direct Agreements from Principal Service Providers, supported, where appropriate, by parent company guarantees. The Authority's particular requirements will be set out in the Invitation to Participate in Dialogue documentation and may include, inter alia, parent company guarantee(s) and/or other form of security.
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
This Project is partially funded by the Government's Private Finance Initiative. However, the Authority reserves the right to provide or procure capital contributions and/or finance to the Project by other means (whether in whole or in part) and this will be explored further with Bidders during the dialogue phase of the Competitive Dialogue process. At present, it is not proposed that a formal funding competition will be a mandatory element in the procurement process. The Authority will however closely monitor the funding market and the progress of similar deals (with and without mandatory funding competitions), retain an unfettered right to hold a funding competition, maintain an active engagement with all Bidders on the state of the funding market and use the Competitive Dialogue process to establish whether Bidders could offer better value as a result of testing the whole market for funding terms. The Authority is currently intending to contract with an organisation for a period of approximately 25 years. However, the Authority reserves the right to award a contract for a period of between 20 and 30 years and will discuss variant funding solutions or a variant contract term proposed by Bidders as part of the Competitive Dialogue procurement process. Further details will be set out in the Invitation to Participate in Dialogue documentation.
III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Groupings, irrespective of their legal form, may submit bids. Bidders may, after forming a grouping, submit a bid on condition that it complies with the rules of competition. Such groupings (or consortia) must specify the organisation ('Lead Organisation') and person heading the bid ('Principal Contact') and must ensure that this person signs the certification section of the Pre Qualification Questionnaire (PQQ) to confirm their authority to submit the bid. Bids from groupings or consortia of firms or groups of service providers, contractors or suppliers must specify the role, qualifications and experience of each member who will be responsible for delivering the Principal Services. The Authority is seeking a private sector partner or partners to take responsibility for delivery of the Project and manage a supply chain of providers. The Authority reserves the right to require groupings of organisations to take a particular legal form or to require a single organisation to take primary liability or to require that each party undertakes joint and several liability for the delivery of the Contract. The Authority's particular requirements are to be determined but the Authority may require that any contract(s) awarded shall be entered into by a single entity on the part of the successful candidate(s).
III.1.4) Other particular conditions to which the performance of the contract is subject:
Yes.
The services required to be performed by the Service Provider will comprise Core and Non-Core Services. It is currently envisaged that the Core Services will be paid for by a Unitary Charge on a monthly basis at an agreed monetary rate, subject to the Service Provider fulfilling the performance requirements to be set out in the Contract. Deductions for failure to perform to the required standards will be determined in accordance with the Contract. It is currently envisaged that payment for Non-Core Services will be made in accordance with an agreed Schedule of Rates or other mechanisms to be set out in the Contract. As indicated in section III.1.2, however, the payment terms will be the subject of dialogue with Bidders and an alternative mechanism may be pursued.
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: All organisations expressing an interest in the Project will be sent a Pre-Qualification Questionnaire (PQQ). The Descriptive Document is available to download at: http://www.sheffield.gov.uk/roads-and-transport/schemes-projects/streetsaheadproject. All questions in the PQQ must be responded to in full with accompanying information provided if relevant. The Authority reserves the right to request clarification information and/or interview organisations who submit PQQs, as part of the evaluation process. Candidates will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended, (implementing Title II, Chapter VII Section 2 of Directive 2004/18/EC), on the basis of information provided in response to the PQQ.

III.2.2) Economic and financial capacity:

Information and formalities necessary for evaluating if requirements are met: All organisations expressing an interest in the Project will be sent a Pre-Qualification Questionnaire (PQQ). The Descriptive Document is available to download at: http://www.sheffield.gov.uk/roads-and-transport/schemes-projects/streetsaheadproject. All questions in the PQQ must be responded to in full with accompanying information provided if required. The Authority reserves the right to request clarification information and/or interview organisations who submit PQQs, as part of the evaluation process.

Minimum level(s) of standards possibly required: Pre-qualification evaluation criteria, attributed weightings and the evaluation scoring model are detailed in the Descriptive Document.
III.2.3) Technical capacity:

Information and formalities necessary for evaluating if requirements are met: All organisations expressing an interest in the Project will be sent a Pre-Qualification Questionnaire (PQQ). The Descriptive Document is available to download at: http://www.sheffield.gov.uk/roads-and-transport/schemes-projects/streetsaheadproject. All questions in the PQQ must be responded to in full with accompanying information provided if required. The Authority reserves the right to request clarification information and/or interview organisations who submit PQQs, as part of the evaluation process.

Minimum level(s) of standards possibly required: Pre-qualification evaluation criteria, attributed weightings and the evaluation scoring model are detailed in the Descriptive Document.
III.2.4) Reserved contracts:
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:
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: 4. Maximum number: 6
Objective criteria for choosing the limited number of candidates: The Authority intends to use successive stages under the Competitive Dialogue procurement process. Organisations expressing an interest in the Project will be invited to submit a Pre-Qualification Questionnaire which will be evaluated by the Authority using the selection criteria set out in the Descriptive Document. This process will allow the Authority to shortlist, with a maximum of 6 Bidders to be invited to participate in dialogue. Following submission of Outline Solutions, the Authority intends to do select solutions in accordance with the Award criteria in order to invite a minimum of 3 Bidders to continue the Competitive Dialogue process and submit Detailed Solutions.
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:

Prior information notice

Notice number in OJ: 2008/S 153-206590 of 8.8.2008.

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: 22.5.2009.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
22.5.2009 - 16:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates:
6.7.2009.
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:
Yes.
Estimated timing for further notices to be published: Estimated to be 2033.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
VI.3) ADDITIONAL INFORMATION:

The Authority will be holding a Bidders' Conference in order to provide further information relating to the Project. The Conference will be held on the 29.4.2009 commencing at 10:30 am. The venue will be the Town Hall in Sheffield. Further details of the Conference are available in the Descriptive Document which is available to download at: http://www.sheffield.gov.uk/roads-and-transport/schemes-projects/streetsaheadproject. Any organisation wishing to attend the Conference must register their interest in the Project by contacting the Highways Procurement Team. Contact details are set out in the Descriptive Document.

The Authority expressly reserves the rights:
(i) not to award any contract as a result of the procurement process commenced by publication of this notice;
(ii) to make whatever changes it may see fit to the content and structure of the tendering competition;
(iii) to award (a) contract(s) in respect of any part(s) of the services or works covered by this notice, and;
(iv) to award contract(s) in stages.
And in no circumstances will the Authority be liable for any costs incurred by candidates.
(MT Ref:59550).
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures:
VI.4.2) Lodging of appeals:
Precise information on deadline(s) for lodging appeals: The Authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to Bidders. This period allows unsuccessful Bidders to seek further debriefing from the contracting authority before the contract is entered into. Applicants have two working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of three working days before the expiry of the standstill period. Such additional information should be requested from the addressee in section I.1.
If an appeal regarding the award of the contract has not been successfully resolved, the Public Contracts Regulations 2006 (SI 2006 No. 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 must be brought promptly (generally within three months). Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages. The purpose of the standstill period referred to above is to allow parties to apply to the Court to set aside the award decision before the contract is entered into.
VI.4.3) Service from which information about the lodging of appeals may be obtained:
VI.5) DATE OF DISPATCH OF THIS NOTICE:
14.4.2009.