Services - 187148-2016

02/06/2016    S105

United Kingdom-Eastbourne: Public utilities

2016/S 105-187148

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Eastbourne Borough Council
Postal address: 1 Grove Road
Town: Eastbourne
NUTS code: UKJ SOUTH EAST (ENGLAND)
Postal code: BN1 4TW
Country: United Kingdom
Contact person: Celia Cullen
E-mail: celia.cullen@lewes.gov.uk
Internet address(es):
Main address: http://www.eastbourne.gov.uk/businesses/
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.sesharedservices.org.uk/esourcing
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Joint Venture for Energy and Sustainability.

II.1.2)Main CPV code
65000000 Public utilities
II.1.3)Type of contract
Services
II.1.4)Short description:

Eastbourne Borough Council (EBC) is seeking a private sector partner (or partners) to participate and invest in a public-private partnership which may also extend to other local government and public sector related organisations and associated partners within the local DNO region and the UK. Participation may be either by direct participation in the Joint Venture or through the provision of services, works or supplies by the Joint Venture. EBC wants to respond to the energy sector's trilemma of increasing prices, future shortage of supply and the need to reduce carbon emissions. EBC also wants to be prepared for the challenges and uncertainty the food chain will face when major global food regions are under threat from extreme weather patterns. The JV arrangement may involve services, works or supplies being developed and delivered and commercial opportunities taken forward over the next 20-30 years in a number of sectors: Energy, Transport Food, Waste and Water.

II.1.5)Estimated total value
Value excluding VAT: 50 000 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
77000000 Agricultural, forestry, horticultural, aquacultural and apicultural services
45000000 Construction work
48000000 Software package and information systems
72000000 IT services: consulting, software development, Internet and support
60000000 Transport services (excl. Waste transport)
70000000 Real estate services
66100000 Banking and investment services
71000000 Architectural, construction, engineering and inspection services
71314000 Energy and related services
51000000 Installation services (except software)
90000000 Sewage, refuse, cleaning and environmental services
98000000 Other community, social and personal services
73000000 Research and development services and related consultancy services
50000000 Repair and maintenance services
75200000 Provision of services to the community
79418000 Procurement consultancy services
79993000 Building and facilities management services
44000000 Construction structures and materials; auxiliary products to construction (except electric apparatus)
42000000 Industrial machinery
34000000 Transport equipment and auxiliary products to transportation
32500000 Telecommunications equipment and supplies
32400000 Networks
03220000 Vegetables, fruits and nuts
31000000 Electrical machinery, apparatus, equipment and consumables; lighting
24100000 Gases
03000000 Agricultural, farming, fishing, forestry and related products
09000000 Petroleum products, fuel, electricity and other sources of energy
14000000 Mining, basic metals and related products
15119600 Fish meat
41000000 Collected and purified water
66000000 Financial and insurance services
77850000 Fish farming services
98334000 Wellness services
03310000 Fish, crustaceans and aquatic products
03413000 Fuel wood
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
Main site or place of performance:

The main place of performance will be the geographic areas of Kent, Surrey, Brighton and Hove, East Sussex and West Sussex (the ‘JV Areas’) but may extend to the UK over the life of the joint venture.

II.2.4)Description of the procurement:

The commercial opportunities that would be available for each of the sustainability sectors listed below are based on what EBC and other participants want to achieve over the next 20-30 years. A list of potential starter projects have already been identified and can be found in the MOI. The JV arrangement may involve services, works or supplies being developed and delivered and commercial opportunities taken forward in a number of sectors, summarised below:

— Energy — efficiency, generation, supply, demand and distribution, R and D;

— Transport — cleaner transport and vehicle usage;

— Fresh food production — next generation commercial greenhouses linked with energy generation;

— Fresh fish or protein production — sustainable fish or protein farms linked with energy generation;

— Waste — collection and circular economy;

— Water — supply and adaption.

The final Joint Venture (JV) structure and commercial terms is something that EBC wishes to develop during the negotiation process. EBC's preferred option is to implement an incremental partnership drawing on the approaches developed by joint venture models such as the Hub concept that was developed by the Scottish Futures Trust. However, unlike the Hub model, rather than form a company at the outset for the JV element of the arrangements, the initial proposal is to have a contractual JV which may, if the parties agree, be incorporated during the course of the arrangements. The intention is to put in place a Strategic Partnership Agreement (SPA) which acts as the umbrella or top-level governance arrangement in terms of the relationship with the selected joint venture partner as well as setting out the process in relation to the delivery of projects, supplies, works and services. The SPA is therefore anticipated to set up multiple layers of involvement to cover these different elements.

EBC is willing to discuss the benefits of setting up a joint venture company at the outset with Potential Partners during the procurement process.

The primary purpose of the initial contractual Joint Venture would be to develop business cases and once a business case is developed it could be taken forwards through separate project agreements and Special Purpose Vehicles (SPVs). The basis of the exact arrangements for each project would come out of the business plan process — these might be an extension of the JV in nature or might be more works/services/supplies based or involve concessions.

The JV will provide (or arrange for the provision of) ‘Partnering Services’ in relation to the needs of the JV Areas and UK JV Areas primarily to provide and deliver (or manage the provision or delivery through its supply chain) of a mixture of energy and sustainability works, services and supplies (‘Transformational Projects’) the beneficiaries of which may be the public participants named in this notice or the wider public, commercial and other organisations based or operating in the UK. . It is anticipated that the Transformational Projects may be delivered through a range of contract and financial structures and may include special purpose vehicles established by the JV and participants in the JV arrangements.

The Partnering Services to be provided by the JV may also include but will not be limited to: Partnering and Collaborative Working; Estate Management; demonstration of Continuous Improvement in Value for Money; Property Development; Supply Chain Management; Funding; Regeneration and Community Involvement; Strategic Estate Planning and Service Planning.

Further details on the structure of the arrangements, the Hub model and scope of projects and Partnering Services can be found in the MOI obtainable from the address in Section 1.3) of this notice: (https://www.sesharedservices.org.uk/esourcing).

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 50 000 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 30/06/2017
End: 30/06/2047
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 3
Maximum number: 6
Objective criteria for choosing the limited number of candidates:

As set out in the Pre-Qualification Questionnaire obtainable from the address in Section 1.3) of this notice (https://www.sesharedservices.org.uk/esourcing). The deadline for the submissions of requests to be invited to participate is midnight 18.7.2016.

II.2.10)Information about variants
Variants will be accepted: yes
II.2.11)Information about options
Options: yes
Description of options:

EBC is seeking a private sector partner (or partners) to participate and invest in a public-private partnership which will be established with the Council and which may also extend to other local government and public sector related organisations and associated partners within the geographic areas of Kent, Surrey, Brighton and Hove, East Sussex and West Sussex (the ‘JV Areas’) and other areas within UK over the life of the joint venture (‘UK JV Areas’). EBC currently undertakes services with and for other local government and public sector bodies and may wish to expand working relationships with and through its selected partner with other local authorities, public sector bodies, their associated partners and statutory successors and organisations created as a result of re-organisation or organizational changes and their wholly owned entities, across the JV Areas and UK. The entities which may participate in this public-private partnership include the following entities (and in each case their statutory successors and organisations created as a result of re-organisation or organizational changes and their wholly owned entities) where they are based or operate within the JV Areas and across the UK:

— Any body listed in the Public Sector Classification Guide of April 2016 published by the Office for National Statistics a copy of which is embedded in the MOI and which can be found at: https://www.ons.gov.uk/economy/nationalaccounts/uksectoraccounts/datasets/publicsectorclassificationguide

— Examples of the entities listed are:

Public Financial and Non-Financial Corporations;

Central Government Departments, Executive Agencies and Non Departmental Public Bodies: http://www.direct.gov.uk/en/Dl1/Directories/A-ZOfCentralGovernment/index.htm

Local Authorities: http://openlylocal.com/councils/all, https://www.gov.uk/find-your-local-council

National Park Authorities: http://www.nationalparks.gov.uk

Police Forces: http://www.police.uk/?view=force_sites#force_sites

Fire and Rescue Services: http://www.fireservice.co.uk/information/ukfrs

NHS Bodies including Acute Trusts, Clinical Commissioning Groups, Mental Health Trusts, Health and Care Trusts, Ambulance Trusts, Area Teams, Special Health Authorities, Others and NHS property services: http://www.nhs.uk/ServiceDirectories/Pages/NHSTrustListing.aspx

Registered providers of Social Housing listed by Homes and Communities Agency and in particular those on the list published by it in April 2016: https://www.gov.uk/government/publications/current-registered-providers-of-social-housing

— A local asset backed vehicle or asset investment vehicle between a body listed in the Public Sector Classification Guide and a private sector partner;

— Local Enterprise Partnerships: http://www.communities.gov.uk/localgovernment/local/localenterprisepartnerships/summaries/

— Educational Establishments which provide compulsory, higher and further education including (without limitation) Academies, Children's Centres, Free Schools, LA Maintained Schools, Special Schools and Universities and Colleges and in particular the University of Brighton and the University of Sussex. A list of such bodies can be found here: http://www.education.gov.uk/edubase/about.xhtml

— Social Enterprises within Culture and Leisure: http://www.sporta.org/member-directory

— Third Sector and Charities: http://www.charitycommission.gov.uk/find-charities

— Hospices:

https://www.hospiceuk.org/about-hospice-care/find-a-hospice

http://www.nhs.uk/Service-Search/End-of-life-hospice-services/LocationSearch/342

— Any contracting authorities listed in Regulation 2(1) of the Public Contracts Regulations 2015 (as amended);

— Any central government authority as defined by Regulation 2(1) of the Public Contracts Regulations 2015 (as amended) listed by name or class in Schedule 1 to the Public Contracts Regulations 2015;

— Any entity which is defined as a utility under Regulation 5 of the Utilities Contract Regulations 2016.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Further information about the process to be followed is contained in the Memorandum of Information available with the Pre-Qualification Questionnaire from the address in Section 1.3) of this notice: (https://www.sesharedservices.org.uk/esourcing). The deadline for the submissions of requests to be invited to participate is midnight 18.7.2016.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.2)Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The selected partner will be required to actively participate in the achievement of social and/ or environmental objectives. Accordingly contract performance conditions may relate in particular to social, environmental or other corporate social responsibility considerations. Further details of these conditions will beset out in the procurement documents.

EBC reserve 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 JV.

III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Competitive procedure with negotiation
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2015/S 211-383003
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 18/07/2016
Local time: 00:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 01/09/2016
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:

II.I.5) and II.2.6) Estimated Total Value: The value and scope of the joint venture arrangement will be subject to the development of the projects under the Strategic Partnership Agreement and the inclusion of other participants as outlined in this notice and the MOI. Although not guaranteed, the estimated value of the arrangements with the participation of EBC is in the region of 500 000 000 GBP. Although not guaranteed the estimated value of the arrangement during the life of the joint venture including other participants across the UK may extend to an estimated value of approximately 50 000 000 GBP.

IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue: The Council reserves the right to reduce the number of tenders after the initial tender as set out in the procurement documents but will not be obliged to do so.

All discussions and meetings will be conducted in English, pricing must be in GBP and the process and the contract will be governed and construed in accordance with English law.

Participation and the costs and expenses of doing so are entirely at the risk of economic operators and will not be refunded by the contracting authority under any circumstances. The contracting authority shall not be responsible for any costs, charges or expenses incurred by participants and accepts no liability for any costs, charges or expenses, irrespective of the outcome of the competition, or if the competition is cancelled or postponed.

All dates and time periods specified in this notice are only provisional and the contracting authority reserves the right to change these. The contracting authority reserves the right to not run any form of competition or award any or part of this contract.

Candidates are advised that the contracting authority is subject to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

II.2.10) Information about variants: Variants may be accepted. The basis on which the Council may accept variants will be set out in the procurement documents.

VI.4)Procedures for review
VI.4.1)Review body
Official name: High Court of Justice
Town: London
Country: United Kingdom
VI.5)Date of dispatch of this notice:
31/05/2016