Services - 22284-2016

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22/01/2016    S15

United Kingdom-London: Telecommunications services

2016/S 015-022284

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: The Secretary of State for the Home Department, Crime and Policing Group, Emergency Services Mobile Communications Programme (ESMCP)
Postal address: 2 Marsham Street, Peel Building
Town: London
Postal code: SW1P 4DF
Country: United Kingdom
Contact person: ESMCP Commercial Team
E-mail: ESMCPSupplier@homeoffice.gsi.gov.uk

Internet address(es):

General address of the contracting authority: https://www.gov.uk/government/organisations/home-office

Address of the buyer profile: www.ho.bravosolution.co.uk

Electronic access to information: www.ho.bravosolution.co.uk

Electronic submission of tenders and requests to participate: www.ho.bravosolution.co.uk

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Public order and safety
Health
Other: fire and rescue services
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Official name: 1. The Welsh Ministers acting through the Welsh Government
Postal address: Cathays Park
Town: Cardiff
Postal code: CF10 3NQ
Country: United Kingdom

Official name: 2. Department of Communities and Local Government
Postal address: 2 Marsham Street, Fry Building
Town: London
Postal code: SW1P 4DF
Country: United Kingdom

Official name: 3. Secretary of State for Health, Department of Health
Postal address: Richmond House, 79 Whitehall
Town: London
Postal code: SW1A 2NS
Country: United Kingdom

Official name: 4. The Scottish Ministers acting through the Scottish Government, Safer Communities Directorate
Postal address: St Andrews House, Regent Road
Town: Edinburgh
Postal code: EH1 3DG
Country: United Kingdom

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
ESN — Acquire, Design and Build Infrastructure Framework (ADB).
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 5: Telecommunications services
Main site or location of works, place of delivery or of performance: Great Britain.

NUTS code UK UNITED KINGDOM

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 8

Duration of the framework agreement

Duration in years: 4

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

Estimated value excluding VAT:
Range: between 30 000 000 and 200 000 000 GBP
II.1.5)Short description of the contract or purchase(s)
The Emergency Services Mobile Communications Programme (ESMCP) is a cross-government, multi-agency programme sponsored by The Secretary of State for the Home Department (The Authority) to deliver the Emergency Services Network (ESN). The ESN will deliver integrated critical voice and broadband data services to all three emergency services (3ES) and other users in England (with Wales and Scotland also invited to participate). These services require a mobile communications network capable of providing the full coverage, resilience, security and public safety functionality required by the 3ES.
The main ESMCP procurement has delivered suppliers under the following 3 lots;
Lot 1 — Delivery Partner (DP) — (awarded to Kellogg Brown and Root Limited);
Lot 2 — User Services (US) — (awarded to Motorola UK Limited);
Lot 3 — Mobile Services (MS) — (awarded to EE Limited).
In order to support the successful delivery of ESN, ESMCP also requires the delivery of additional products, works and services in dispersed geographical areas to enable the full delivery of ESN throughout the UK.
This Contract Notice is for Inclusion on an ESN — Acquire, Design and Build Framework Agreement (ADB), of suitably experienced and capable Suppliers able to provide the following products, works and services in support of ESN within the UK:
a) Acquiring Greenfield sites upon which to build passive infrastructure;
b) Negotiating with Land owners for lease arrangements on behalf of the Authority, under specified parameters;
c) Undertaking planning applications on behalf of the Authority;
d) Designing passive infrastructure builds;
e) Undertaking infrastructure builds including but not limited to radio and transmission bases, masts, cabins and cabinets;
f) Managing power connectivity;
g) Undertaking civil construction activity necessary for commissioning sites;
h) Testing and re-mediation activity.
Applicants capable of providing the above are invited to apply for inclusion on the ADB Framework Agreement by responding to this ITT. Guidance on how to apply is provided below. Once the ADB Framework Agreement is established, Framework Agreement suppliers will be able to respond to the Authority's requirements under further competitions. To that end, the Authority intends to confirm its plans for further competitions following the award of contracts for supply under the Framework Agreement. The Authority envisages that its requirements for products, works and services under the Framework Agreement will be satisfied through up to 5 further competitions, however such plans and arrangements for further competition will be confirmed and are subject to change at the Authority's absolute discretion.
The ADB Framework Agreement will be used to deliver products, works and services to support the following ESN Related Projects:
— The ESN Extended Area Services (EAS) Project;
— The ESN Air to Ground Project;
— The ESN Other Shortfall Activity.
(Additional information in relation to these ESN Related Projects is set out at section VI.3) below).
Applicants should note that:
— the Authority makes no undertaking to contract with any applicant as a result of this procurement or further competitions under the Framework Agreement.
— the Authority may award a Call-Off Agreement as a direct award without holding a further competition where the Authority can determine that:
o its works and services requirements can be met by the Framework Suppliers' offer and description of the services as set out in Framework Agreement; and,
o all of the terms of the proposed Call-Off Agreement template as laid down in the Framework Agreement do not require amendment or any supplementary terms and conditions (other than the inclusion of to be confirmed or optional provisions already provided for in the Call-Off Agreement template);
— this procurement shall be based on a bespoke form of Agreement to govern the Framework and the NEC3 Option A Engineering and Construction Contract for further competition awards;
— the Authority intends to retain title in any Greenfield buildings constructed under the services detailed within this Contract Notice;

— given the risk of State aid arising in ESMCP, the Authority has notified the European Commission of the measure. ESMCP have received confirmation from the Commission (SA.38863 (2015/N) that the main element of the measure does not constitute a State aid and the residual component is compatible with Article 107(3) (c) of the Treaty on the Functioning of the European Union (see http://ec.europa.eu/competition/state_aid/cases/258318/258318_1718437_89_2.pdf). The Authority will work with successful applicant(s) to ensure that the works remain within the terms of the Commission decision.

Further information on the ADB requirements is provided within the ADB ITT documentation. In order to obtain the ITT documentation Applicants are required to first express an interest in participating in the procurement through the submission of an email to: ESMCPSupplier@homeoffice.gsi.gov.uk

Due to the sensitive nature of the ESN information, Applicants will be required to sign and return a Security Aspects Letter (SAL), an Ethical Walls Agreement (EWA) and a Contract Letting Process Agreement (CLPA) in order to obtain access to the ADB ITT documentation. These documents will be e-mailed to Applicants that have expressed an interest within 2 working days of receipt of the expression of interest by the Authority using the e-mail contact details provided by the applicant. Applicants should complete as indicated and then sign and return the SAL, EWA and CLPA and submit to the Authority electronically using the above e-mail address as soon as possible. Once their documents are received and verified, the Authority will provide the applicant with access to the ADB ITT documentation through the Bravo e-Sourcing Portal, which will provide further details of the scope of the Programme, the services to be procured and the procurement process to be followed. See guidance at section VI.3) below regarding the Bravo registration process.
II.1.6)Common procurement vocabulary (CPV)

64200000 Telecommunications services, 70321000 Land rental services, 32500000 Telecommunications equipment and supplies, 45216100 Construction work for buildings relating to law and order or emergency services, 32344240 Radio tower, 32522000 Telecommunications equipment, 45312330 Radio aerial installation work, 51311000 Installation services of radio equipment, 45216120 Construction work for buildings relating to emergency services, 50332000 Telecommunications-infrastructure maintenance services, 45000000 Construction work, 45314000 Installation of telecommunications equipment, 45312300 Antenna installation work, 79415200 Design consultancy services, 32000000 Radio, television, communication, telecommunication and related equipment, 64212000 Mobile-telephone services, 92210000 Radio services, 32523000 Telecommunications facilities, 71541000 Construction project management services, 45232340 Mobile-telephone base-stations construction work, 32344210 Radio equipment, 44212261 Radio masts, 32344250 Radio installations, 64220000 Telecommunication services except telephone and data transmission services, 32418000 Radio network, 71500000 Construction-related services, 98391000 Decommissioning services, 71242000 Project and design preparation, estimation of costs, 44000000 Construction structures and materials; auxiliary products to construction (except electric apparatus), 71540000 Construction management services, 45232332 Ancillary works for telecommunications

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
ESMCP invites Applicants to make submissions to be included on the ADB Infrastructure Framework Agreement, as outlined within section II.1.5).
The 3ES users of the ESN service that will be supported by the products, works and services intended to be provided through the ADB Infrastructure Framework are (currently):
— Approximately 250 000 operational staff (with a broadly equivalent number of connected mobile communication devices taking into account the proportion of staff with a device, vehicles, and pools of spare devices) across the 3ES;
— 44 Police and Crime Commissioners/services;
— 50 Fire and Rescue Authorities/services;
— 13 Ambulance Trusts;
— National Crime Agency;
— 3 non-Home Office Police Services (British Transport Police, Ministry of Defence Police, Civil Nuclear Constabulary);
— National Police Air Service;
— Ministry of Defence.
However, ESN will also provide a service for more than just the 3ES, as 400+ Government and local public safety and other bodies use the current system and will potentially require the ability to use ESN. These other bodies may add up to approximately 50 000 additional connected devices, and may include the Central Government Departments, Non-Departmental Public Bodies and Agencies, Local Authorities in Great Britain and a number of charitable bodies and other organisations that interact with public safety bodies.
Value Basis — The combined value of the services required under the ADB Framework Agreement is estimated to be between 30 000 000 GBP and 200 000 000 GBP (30 000 000 GBP and 200 000 000 GBP). This does not include values where the Authority would be executing final agreements directly with third parties i.e. planning applications or landowner negotiations. This is dependent on a number of variables including the final radio and transmission plan which informs requirements, extent of utilisation of existing available communications infrastructure, the number of Greenfield site developments required availability of access, availability of power and requisite size of radio and transmission masts.
Estimated value excluding VAT:
Range: between 30 000 000 and 200 000 000 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 48 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Deposits are not required at this stage but guarantees and/or performance guarantees may be required at the Call-Off stage as outlined in the ADB ITT documentation referenced in Section II.1.5).
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
To be outlined in the ADB ITT documentation referenced in Section II.1.5) and subsequent further competitions.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The Programme will only contract with a legal entity, and in the event a bidding group is successful but has not formed a legal entity, the Programme will require it to do so before award of any contract.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Outlined within the ADB Framework ITT in respect of applicable conditions and warranties for both the Framework and any subsequent Call-Off. NEC Option A also applies.
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 the requirements are met: Included within the suite of ADB Framework ITT documentation (see additional information in section VI.3).
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Included within the suite of ADB Framework ITT documentation (see additional information in section VI.3).
Minimum level(s) of standards possibly required: Included within the suite of ADB Framework ITT documentation (see additional information in section VI.3).
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Included within the suite of ADB Framework ITT documentation (see additional information in section VI.3).
Minimum level(s) of standards possibly required:
Included within the suite of ADB Framework ITT documentation (see additional information in section VI.3).
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
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 no
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)Information about electronic auction
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 the OJEU: 2015/S 155-285733 of 13.8.2015

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: 26.2.2016 - 15:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
26.2.2016 - 15:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
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
in days: 180 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Date: 26.2.2016 - 15:00

Place: Official name: The Secretary of State for the Home Department
Postal address: 2 Marsham Street, 1st floor, Peel Building
Town: London
Postal code: SW1P 4DF
Country: United Kingdom
For the attention of: ESMCP Commercial Team

Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information

The Home Office Bravo e-Sourcing system will be used for this procurement. Bravo Registration at: www.ho.bravosolution.co.uk

a) Click the -click here to register- link;
b) Accept the terms and conditions and click -continue-;
c) Enter your business and user details;
d) Note the username you use and click -save- when complete;
e) You will then receive an e-mail with your unique password.
Registering for the Bravo system is only required once.
Access to the ADB ITT information on Bravo will only be granted once the returned SAL, EWA and CLPA have been submitted to the Authority and verified (see section II.1.5)). Applicants will then be able to browse to the eSourcing portal and complete the following:
Access to the ADB ITT documentation:
a) Login to the eSourcing portal with your unique username and password.
b) Click on the -ITTs open to all suppliers- link.
c) Click on the relevant titled item.
d) Click the -express interest- button in the -actions- box on the left hand side of the page (this will move the ITT into the economic operators -my ITT- box). This is a secure area for projects only.
e) Click on the ITT description. The economic operators can now access any attachments by clicking the -settings and buyer attachments- in the actions box.
f) Download the documents relating to the ADB ITT to access.
Click on the bold and underlined file-name. Select -save- and store on your PC.
Responding to the ADB ITT:
a) Applicants will then be able to use the messages functions to communicate with ESMCP and seek any clarifications that may be required.
b) Please note the deadline for completion of the ITT, this is a precise time and the eSourcing portal will reject the economic operators submission if it is submitted after this time.
d) Economic operators should click -publish- when they wish to submit their final completed ITT response. Please note that there is detailed online help.
For further assistance contact the BravoSolution helpdesk which is available Monday to Friday (0800 to 1800) GMT on:

a) email — help@bravosolution.co.uk or

b) telephone +44 800 368 4850.
Additional Information — ESN Related Projects:
There are a number of related projects outside of the 3 main ESMCP procurement lots which facilitate the ESN. The following three related projects provide the scope for this Contract Notice;
1) The Extended Area Services (EAS) Project:
The EAS Project aims to deliver products and services in geographical areas where the MS supplier does not have a footprint nor intends to provide a footprint under Lot 3. The EAS Project therefore intends to afford the MS supplier the ability to provide ESN in these areas. The EAS Project is an enabling project for the ESMCP.
The EAS Project is broken down into 4 areas;
a) Use of existing sites through lease arrangements with asset owners to access passive infrastructure (upon which the MS supplier will install/commission active telecommunications equipment and an Authority appointed transmission supplier shall do the same);
b) Acquire, Design and Build (ADB) Greenfield passive infrastructure (upon which the MS supplier will install/commission active telecommunications equipment and an Authority appointed transmission supplier shall do the same);
c) Transmission Services;
d) Facilities Management of Greenfield passive infrastructure.
The purpose of this Contract Notice is to establish a framework of ADB suppliers only (as detailed in b) above), based on capability, experience, methodology approach and price. The other 3 areas of supply under EAS shall be managed outside of this Contract Notice.
2) Air to Ground Project:
The Air-to-ground (A2G) Project will enable ESN to provide communication services to Emergency Services aircraft (operated by the Police, Department of Health, MoD, and the Maritime and Coastguard Agency) broadly equivalent to those provided to users on the ground. There may be a requirement to procure a scope of service analogous to EAS to facilitate the A2G element of the ESN. In the case of A2G, there may also be a requirement to design and build on an existing site where an existing site requires redevelopment and the existing site owner requires this to be completed by the Authority.
3) Other Shortfall Activity:
The Authority may have an obligation to meet a shortfall in anticipated infrastructure delivery (which informed the MS supplier's offer and on which it was reliant for coverage) outside of the Extended Area. This is in the context of a DCMS sponsored project initiative.
There may be a need to Acquire, Design and Build (ADB) Greenfield passive infrastructure required to meet the shortfall. There may therefore be a requirement to procure a scope of service analogous to EAS to facilitate the MIP Shortfall element of the ESN.
Additional Information — Taking Account of Applicants' Past Performance:
As part of the ADB ITT evaluation process, HMG Policy with regard to taking account of the past performance of Applicants will be considered. Applicants will be required to provide qty 3 Certificates of Performance containing the requested information on previous contracts using the templates provided. The information supplied will be used by the Authority to satisfy itself that the Applicant has achieved the Minimum Standards of Reliability regarding any failure to discharge their obligations under a previous principal relevant contract. Further details will be contained within the ADB ITT documentation.
Additional Information — Timings:
The procurement is anticipated to run from January 2016 to the end of May 2016 at which point it is expected that the further competitions required under the ADB Framework Agreement will commence. Contracts under the ADB Framework Agreement are expected to be awarded in August 2016, and all ADB delivery activities are required to be complete in sufficient time to support the delivery of the Mobilisation phase of ESN by quarter 4 in calendar year 2017. Further details can be found in the ADB ITT documentation referenced in section II.1.5).
Additional Information — NEC3 Conditions:
Applicants should note that the NEC3 terms and conditions may attract a charge.
However the Authority is intending to provide a link to access these terms and conditions
free of charge during the first 60 days of the ITT process.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: The Secretary of State for the Home Department
Postal address: 2 Marsham Street, 1st floor, Peel Building
Town: London
Postal code: SW1P 4DF
Country: United Kingdom
E-mail: ESMCPSupplier@homeoffice.gsi.gov.uk
Internet address: https://www.gov.uk/government/organisations/home-office

Body responsible for mediation procedures

Official name: The Secretary of State for the Home Department
Postal address: 2 Marsham Street, 1st floor, Peel Building
Town: London
Postal code: SW1P 4DF
Country: United Kingdom
E-mail: ESMCPSupplier@homeoffice.gsi.gov.uk
Internet address: https://www.gov.uk/government/organisations/home-office

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: The Secretary of State for the Home Department
Postal address: 2 Marsham Street, 1st floor, Peel Building
Town: London
Postal code: SW1P 4DF
Country: United Kingdom
E-mail: ESMCPSupplier@homeoffice.gsi.gov.uk
Internet address: https://www.gov.uk/government/organisations/home-office

VI.5)Date of dispatch of this notice:
20.1.2016