Works - 397406-2019

22/08/2019    S161    - - Works - Works concession - Concession award procedure 

United Kingdom-Cardiff: Construction work

2019/S 161-397406

Concession notice

Works

Legal Basis:

Directive 2014/23/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Cardiff Council
County Hall, Atlantic Wharf
Cardiff
CF10 4UW
United Kingdom
Contact person: Chris McLellan
E-mail: procurement@cardiff.gov.uk
NUTS code: UKL22

Internet address(es):

Main address: www.cardiff.gov.uk

Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0422

I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://supplierlive.proactisp2p.com
Additional information can be obtained from the abovementioned address
Applications or, where applicable, tenders must be submitted electronically via: https://supplierlive.proactisp2p.com
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:

Cardiff Arena Operator and Developer

II.1.2)Main CPV code
45000000
II.1.3)Type of contract
Works
II.1.4)Short description:

Cardiff Council (‘the Council’) is the freeholder of the site on which it wishes to develop a music/entertainment and events arena with a capacity of up to 15 000 (‘the Arena’). The Council is seeking to appoint a developer and operator to design, construct, maintain and operate the Arena. The Council will contribute financing towards the delivery of the scheme. The successful bidder will be granted a 99-199 year lease from the Council for the Arena development. The developer will be responsible for securing the initial consortium member operator (and any successor operators) to operate the Arena for a concession period of 40-45 years. The scheme will also involve the delivery of a hotel development, connecting road infrastructure and public realm spaces.

II.1.5)Estimated total value
Value excluding VAT: 150 000 000.00 GBP
II.1.6)Information about lots
This concession is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
45100000
45212224
45210000
45212000
45212100
45212170
45212320
45212180
45212411
45213316
45233000
45233100
45112700
71000000
71500000
71220000
71240000
71247000
71251000
71400000
71540000
71530000
92000000
92300000
92312100
92312120
92312130
92312140
55520000
55330000
55400000
55410000
55500000
79993000
79993100
77314000
90911200
75241000
79710000
II.2.3)Place of performance
NUTS code: UKL22
Main site or place of performance:

Land (including the car park) at County Hall, Atlantic Wharf, Cardiff, CF10 4UW (‘the Site’).

II.2.4)Description of the procurement:

Continues from II 1.4.

The Council’s financial contribution to the scheme will be through a funding agreement with the developer for up to 30 000 000 GBP or alternatively through an income strip lease arrangement over the term of the concession. Bidders are expected to submit tenders on both of these basis. Further details are provided in the descriptive document and other concession documents available through the portal referred to in l.3) above.

The level and availability of the Council’s financial contributions are subject to the Council’s decision making and internal approval processes and details will confirmed to participating bidders during the competition. Prospective bidders should note that the Council reserves the right to vary the available funding and financing approaches during the procurement process.

The Council or developer will be required to acquire some land immediately adjacent to the site to be made available for the delivery of the Arena.

II.2.5)Award criteria
Concession is awarded on the basis of the criteria stated in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 150 000 000.00 GBP
II.2.7)Duration of the concession
Duration in months: 540
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

The duration of the concession will be in the region of 40-45 years.

The applicants with the 3 highest scoring compliant SQ responses will be invited to the tender stage of the competition process.

The estimated values in II.1.5 and II.2.6 represents the estimated capital cost. It does not include the estimated operator operating revenue that may be achieved through the operation of the Arena.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions, indication of information and documentation required:

Continues from II 2.14.

However, potential returns will depend on many commercial factors including (but not limited to) the performance of the developer and operator and market conditions. Bidders should seek independent legal and commercial advice in relation to the potential value of the opportunity and the scheme as a whole.

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.1.5)Information about reserved concessions
III.2)Conditions related to the concession
III.2.2)Concession performance conditions:

The successful bidder may be required to help achieve social and/or environmental policy objectives relating to recruitment, training and supply-chain initiatives. Contract conditions may relate to these considerations.

III.2.3)Information about staff responsible for the performance of the concession

Section IV: Procedure

IV.1)Description
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.2.2)Time limit for submission of applications or receipt of tenders
Date: 20/09/2019
Local time: 12:00
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.2)Information about electronic workflows
VI.3)Additional information:

The Concession Contracts Regulations 2016 (‘CCR’) apply to this scheme. The Council intends to follow a process similar to the Competitive dialogue procedure described in the Public Contracts Regulations 2015 (as amended) (‘PCR’). The Council reserves the right to deviate from the formalities of the PCR in conducting the competition due to the flexibilities permitted by the CCR.

Submission of applications must be by way of completion and return of the SQ pre-qualification questionnaire (‘SQ’) by the date and time specified in Section IV.2.2). The Council reserves the right not to accept submission of applications that are received after the deadline. Bidders are encouraged to submit their submission well in advance of the stated date and time in order to avoid issues such as technical difficulties with the electronic system that may be due to high volumes of traffic attempting to submit applications on the same date at the same time.

The contractor shall ensure that all contracts with subcontractors and suppliers which the contractor intends to procure following the Award date, and which the contractor has not, before the date of this contract, already planned to award to a particular subcontractor or supplier, are advertised through the Sell2Wales portal (www.sell2wales.gov.wales) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract.

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:

Further details will be contained within the tender documentation.

(WA Ref:94995)

VI.4)Procedures for review
VI.4.1)Review body
The High Court of Justice
The Royal Court of Justice, The Strand
London
WC2A 2LL
United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Bidders should note that the concession documents (including the heads of terms and descriptive document) are draft documents at this stage, providing indicative information of the Council’s intended approach in the procurement process and are for general information only. The Council reserves the right to vary, amend and update any aspects of the procurement documents and final details and versions of the procurement documents will be confirmed to applicants successful in being selected to participate in the relevant tender stages of the procurement procedure.

The Council reserves the right not to award the opportunity or to award only part (or a different arrangement) of the opportunity described in this concession notice.

Deadline for review procedures:

In accordance with Regulation 47 (Notice of decision to award a concession contract); Regulation 48 (Standstill Period) and Regulation 52 to 63 of the Concession Contracts Regulations 2016 (CCR 2016).

Following any decision to award the concession contract, the Council will provide debriefing information to unsuccessful bidders (in accordance with Regulation 47 CCR 2016) and observe a minimum 10 day standstill period (in accordance with Regulation 48 CCR 2016) before the concession contract is entered into.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
20/08/2019