Services - 365357-2014

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This notice has been cancelled by:  432059-2014
25/10/2014    S206

United Kingdom-Newbury: Telecommunications network

2014/S 206-365357

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

Official name: West Berkshire Council
Postal address: Council Offices, Market Street
Town: Newbury
Postal code: RG14 5LD
Country: United Kingdom
Contact person: ICT and Corporate Support
For the attention of: Colin Batchelor
Telephone: +44 1635519114

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

Electronic access to information:

Electronic submission of tenders and requests to participate:

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
Regional or local authority
I.3)Main activity
General public 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: Reading Borough Council

Official name: Wokingham Borough Council

Official name: Royal Borough of Windsor and Maidenhead

Official name: Bracknell Forest Borough Council

Official name: Slough Borough Council

Section II: Object of the contract

II.1.1)Title attributed to the contract by the contracting authority:
Superfast Berkshire - Phase 2
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 5: Telecommunications services
Main site or location of works, place of delivery or of performance: Areas classified as white or ‘conditional' white in the definition of Berkshire's State Aid Intervention areas approved by the National Competency Centre (NCC) at Broadband Delivery UK (BDUK).

NUTS code UKJ11 Berkshire

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
Where appropriate solutions can be found, the project intends to offer contracts to provide superfast broadband services that are Next Generation Access (NGA) compliant to those premises within the areas classified as white or ‘conditional' white in Berkshire's State Aid Intervention area. These areas have been identified by the most recent Open Market Review (OMR) issued in July 2014 and State Aid Public Consultation process issued in September 2014 by Superfast Berkshire and will be approved by BDUK's completed by National Competency Centre.
Further guidance on the characteristics for qualifying NGA technologies is available from the BDUK National Competency Centre at:

Note: To register your interest in this notice and obtain any additional information please visit the myTenders Web Site at

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
II.1.6)Common procurement vocabulary (CPV)

32412100 Telecommunications network, 32412000 Communications network, 32412110 Internet network, 32413000 Integrated network, 32424000 Network infrastructure, 32430000 Wide area network, 32428000 Network upgrade, 32500000 Telecommunications equipment and supplies, 32510000 Wireless telecommunications system, 32523000 Telecommunications facilities, 32524000 Telecommunications system, 32570000 Communications equipment, 32571000 Communications infrastructure, 64200000 Telecommunications services, 32420000 Network equipment, 32521000 Telecommunications cable, 32522000 Telecommunications equipment, 64227000 Integrated telecommunications services, 45314300 Installation of cable infrastructure, 32531000 Satellite communications equipment, 45232300 Construction and ancillary works for telephone and communication lines, 32425000 Network operating system, 32562200 Optical telecommunication cables, 45232332 Ancillary works for telecommunications, 50330000 Maintenance services of telecommunications equipment, 50332000 Telecommunications-infrastructure maintenance services, 45231600 Construction work for communication lines, 50334400 Communications system maintenance services, 51300000 Installation services of communications equipment, 64210000 Telephone and data transmission services, 72315000 Data network management and support services, 72400000 Internet services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
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:
See Outline Requirement.
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

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Parent company and/or other guarantees of performance and financial liability may be required by the Council if considered appropriate.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
If the contract is awarded to a grouping of economic operators (e.g. a consortium), the Council reserves the right to require the grouping to form a single legal entity (with appropriate financial guarantees in place) and/or require that each member undertakes joint and several liability irrespective of the legal form adopted.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: As per the Conditions of Contract stated within the tender documents.
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: The suitability of candidates will be assessed in accordance with Regulation 23 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Candidates will be assessed in accordance with Regulation 24 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Candidates will be assessed in accordance with Regulation 25 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
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
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 5: and maximum number 9
Objective criteria for choosing the limited number of candidates: Subject to organisations passing the full PQQ evaluation in relation to economic and financial standing, the Council will only invite to tender between 5 and 9 organisations that have scored the highest on the evaluation of the Technical Questionnaire provided with the Pre-Qualification Questionnaire.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
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
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
21.11.2014 - 12:00
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
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: yes
Reference to project(s) and/or programme(s): Thames Valley Berkshire Local Enterprise Partnership allocated a sum of 562 540 GBP from their share of the European Agricultural Fund for Rural Development (EAFRD) towards superfast broadband expansion in their Strategic Economic Plan.
VI.3)Additional information
1. West Berkshire Council is leading the procurement of the Superfast Broadband Services and will be contracting on behalf of West Berkshire Council, Reading Borough Council, Royal Borough of Windsor & Maidenhead and Wokingham Borough Council. Funding has been secured from the local authorities of West Berkshire Council, Reading Borough Council, Royal Borough of Windsor and Maidenhead and Wokingham Borough Council enabling solutions to be sought in eligible intervention areas of the respective districts. Suppliers may tender with proposed solutions across parts of more than one district subject to the constraint that subsidies cannot exceed the total funding available from a district.
2. It is proposed that solutions will be evaluated on a ‘technology neutral basis' providing they are NGA compliant but will take into account the initial evaluation criteria of long term technical merits of the solution, value for money for the public sector, number of premises that can access the superfast broadband solution, the level of local demand and geographical coverage. Contracts will be awarded based on a set of evaluation criteria set out in the tender document and reflecting these objectives.

3. Applicants must register on the Council's Procurement Portal — Once registered candidates will be able to download the Pre-Qualification Questionnaire (PQQ).

4. Once an applicant is registered, all communication in respect of this procurement must be submitted via the Procurement Portal.
5. It is the responsibility of each applicant to ensure that it complies with all of the requirements set out in the PQQ. Failure to submit a compliant PQQ response before the response deadline (12:00 on 21.11.2014) will result in exclusion from the procurement process. Applicants are advised to allow adequate time for uploading documents and to dispatch the electronic response via the Procurement Portal well in advance of the deadline to avoid any last minute problems. The postbox closes precisely at the time stated and no late submissions will be accepted.
6. Consortia applications are permitted.
7. Any change in the identity, control of or relationships within an applicant (including any change in the membership of a consortium) or any member of a consortium that occurs after your PQQ response has been submitted, must be promptly notified in writing to the Council. The Council may, in its absolute discretion, decide that the changes disqualify/preclude the applicant from any further participation in the procurement process. The Council reserves the right to request such further information as it considers reasonably necessary in relation to any change that comes to its attention.
8. The Council reserves the right to disqualify any applicant where, in its absolute discretion, it believes that there is any actual or potential conflict of interest if the applicant takes part in the procurement process and/or should the applicant be successful in this procurement process. Actual or potential conflicts of interest include those that come to the Council's attention other than as a result of you notifying us of those conflicts. All such actual or potential conflicts must be resolved to the Council's satisfaction in order for the Council to consider you remaining as part of the procurement process. Failure to declare any conflict and/or failure to address such conflicts to the reasonable satisfaction of the Council may result in you being disqualified. You accept a continuing obligation throughout the procurement process to notify the Council of any changes, which includes any new actual or potential conflicts arising.
9. Please note that conflicts of interest can include (without limitation):
a. conflicts that arise from professional or personal connections between you or your staff and the Council or any of the Council's staff; or
b. situations where you are connected to multiple PQQ responses including (without limit) a response in your own name and as a subcontractor and/or as a consortia member.
10. In the event of a dispute as to whether any matter gives rise to an actual or potential conflict the Council's decision is final.
11. Applicants should note that the Council reserves the right to:
a. Cancel this procurement at any stage;
b. Not to award a contract;
c. Accept all or part of any tender unless the applicant/bidder expressly stipulates otherwise;
d. Make any changes it sees fit to the procurement process;
e. Disqualify any applicant found to have misrepresented the facts in relation to its responses to any question within the PQQ response;
f. Remove and/or amend element(s) from scope of the requirements; and/or
g. Seek clarification or verification from an applicant/bidder at any time during the procurement process (but is under no obligation to do so).
12. In no circumstances will the Council be liable for any costs incurred by applicants associated with this procurement process.
13. During the tender period, tenderers will be required to maintain the tender for a period of 3 months from the date stated for receipt of tender.
14. The individual local authority funding is as follows:
— West Berkshire Council, GBP 2 950 000
— Wokingham Borough Council, GBP 486 000
— Royal Borough of Windsor and Maidenhead, GBP 327 500
— Reading Borough Council, GBP 382 500
— Bracknell Forest Borough, GBP 0 (zero)
— Slough Borough Council, GBP 0 (zero)
15. There will also be an additional GBP 562 540 to be split between the businesses and rural communities in the districts administered by West Berkshire Council, Royal Borough of Windsor & Maidenhead and Wokingham Borough Council. Details of the exact split will be defined in the invitation to tender and made available to increase the scope of services to be provided in these areas.
16. West Berkshire Council will select bidders based on the Most Economically Advantageous Tender. In order to comply with State aid conditions, two specific requirements will be applied to the evaluation:
— If 1 or more Bidders achieve the same evaluation score, the contract must be awarded to the Bidder requiring the least public subsidy
— West Berkshire Council must distinguish between Bidders offering additional wholesale access products in addition to the minimum/mandatory ones. This requirement will be taken into account by reference to the Bidder's response to the ITT.
A contract will not be awarded until successful completion of decision processes that involve:
— A recommendation to the Superfast Berkshire Project Board from the Bid Evaluation team
— Approval from the Superfast Berkshire Project Board
— Successful completion of BDUK assurance/approval processes including State Aid compliance.
(MT Ref:140633)
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: West Berkshire District Council
Postal address: Head of Legal Services, Market Street
Town: Newbury
Postal code: RG14 5LD
Country: United Kingdom

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Council intends to incorporate a voluntary minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to bidders.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice: