Renfrewshire Council requires to ensure that the economic operator has the necessary economic and financial capacity to perform and complete the contract. In the current difficult economic environment, the Council seeks to ensure that the contractor who undertakes the works has suitable financial strength and capacity to complete these works.
The Council will require bidders to have a (‘general’) yearly turnover of GBP 42 million and to evidence this level of turnover in the previous 3 years. Failure to meet this mandatory requirement will result in exclusion from the procurement process.
The Council will also require the economic operator to evidence where possible they have a Dun and Bradstreet failure score of no less than 30. The Council recognises that many businesses have been directly affected by the Coronavirus pandemic and therefore may be unable to meet the D&B score. Where an economic operator wishes to be considered for selection under this contract but cannot meet the D&B score that economic operator must provide financial information which will satisfy the Council that they have an equivalent level of economic and financial standing and must provide related guarantees or formal assurances to support their right to participate and be considered for any contract award (Regulation 61(8)). Examples, but not an exclusive list, of the financial information the Council would consider are: parent and/or ultimate parent company audited accounts for the most recent 3 financial years (if applicable); guarantees and bonds; bankers’ statements and references (including confirmation of value and duration of credit facilities); management accounts and financial projections including cash flow forecasts(approved by the Chief Financial Officer); order book pipeline; details and evidence of previous contracts, including contract values and other evidence of capital availability. Please note that any financial information disclosed should evidence the financial strength of the economic operator tendering, therefore additional supporting information will need to be provided where joint or group accounts are provided in support of a bid to explain to the Council the relevance of that information.
Where the economic bidder relies upon or intends to reply upon any key sub-contractors in performance of the contract, then the Council reserves the right to assess the financial strength and suitability of the Key subcontractor as part of the selection process:
— where the economic operator relies upon a parent company to provide financial assurance in support of their bid, the Council will also reserve the right to seek financial information on the strength and suitability of the parent company; and
— where the economic operator relies upon the capacity of other parties in respect of selection and/or performance of the contract, then dependent on the nature of the arrangement the Council may require full disclosure of financial information in support of the bid. For example, where the bidder identifies as a consortium the Council will require each consortia member to meet the financial selection requirements contained in the procurement documents.
The Council reserves the right to monitor that the economic operator continues to meet the financial selection requirements until the evaluation has been completed and prior to any award being made. Economic operators must inform the Council of any changes to any submission made by them in respect of their financial and or economic situation. The Council will further reserve the right to remove any economic operator from the tendering process where they are no longer able to fulfil any of the selection requirements as directed within the procurement documents.
Turnover — bidders will be required to have a minimum ‘general’ yearly turnover of GBP 42 million for the last 3 years.
Insurance — it is a requirement of this contract that bidders hold or can commit to obtain prior to the commence of any subsequently awarded contract, the types and levels of insurance indicated below:
Employer’s liability — GBP 10 000 000 (GBP ten million) each and every claim.
Public liability — GBP 25 000 000 (GBP twenty-five million) Each and every claim.
Public and products liability — GBP 25 000 000 (GBP twenty-five million). Each and every claim but in the aggregate for products
Professional Indemnity — GBP 10 000 000 (GBP ten million). Each and every claim (Cover for pollution and contamination claims: N/A. Expiry of required period of CDP professional indemnity insurance: 12 years from practical completion of the works.
Contractors’ all risk — value of works plus 15 %.
Third party motor insurance — unlimited in respect of injury/ harm and minimum GBP 5 000 000 (GBP five million pounds) in respect of property damage. Each and every claim.