Services - 426520-2019

11/09/2019    S175    - - Services - Contract notice - Open procedure 

United Kingdom-Hertford: Engineering services

2019/S 175-426520

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Hertfordshire County Council
Pegs Lane
Hertford
SG13 8DE
United Kingdom
Contact person: Strategic Procurement Group
Telephone: +44 1707292463
E-mail: zoe.upson@hertfordshire.gov.uk
NUTS code: UKH23

Internet address(es):

Main address: www.hertfordshire.gov.uk

Address of the buyer profile: www.supplyhertfordshire.uk

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: www.supplyhertfordshire.uk
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:

HCC — 09/19 — The Provision of Transport Infrastructure and Planning Services

Reference number: HCC1911637
II.1.2)Main CPV code
71300000
II.1.3)Type of contract
Services
II.1.4)Short description:

Hertfordshire County Council (the ‘Council’) is currently out to procurement for the provision of transport, infrastructure and planning services. Further information in regards to this opportunity can be found in II.2.4) Description of the procurement field (OJEU contract notice refers). Organisations wishing to take part in this project are invited to express interest which will give access to the full procurement documents in the e-tendering system. Please see VI.3) Additional information for further information. Any questions relating to this procurement must be made via the correspondence area in the e-Tendering system, in accordance with the procurement documents and can be addressed to the main contact as shown in the details above.

II.1.5)Estimated total value
Value excluding VAT: 30 460 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

Spatial Planning and Policy (Single Supplier)

Lot No: 1
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

Spatial Planning and Policy services cut across several departments, including the spatial planning and policy unit, the transport, waste and environmental management unit, growth and infrastructure, and the highways service. The services outlined in this lot have traditionally been commissioned by in-house staff, and delivered through the Council’s existing transport planning framework. With significant growth planned for Hertfordshire, the chosen supplier will play an active role in ensuring this growth is good growth, providing the expertise, evidence and strategic vision to support economically, socially and environmentally sustainable development.

Please note: The TUPE staffing information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the view details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing;

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE Staffing Information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 1 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to one (1) further year.

II.2.12)Information about electronic catalogues
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

II.2)Description
II.2.1)Title:

Core Modelling Services (Single Supplier)

Lot No: 2
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

The Council’s Core Modelling work takes place primarily via the Highways’ Transport Planning function. This team acts as a custodian for the countywide model (COMET) which is the current transport model for informing current and future transport patterns and demand across Hertfordshire. Developed in collaboration with the existing Transport Planning Framework provider, COMET was created in line with national guidance, specifically the Department for Transport’s Web Transport Analysis Guidance (WebTAG). COMET consists of a suite of models including an EMME based Variable demand and passenger transport model and a Saturn based highway model. Having a countywide model such as COMET provides a means of identifying the impact of future development on the transport network and ensuring that growth in Hertfordshire is good growth, enabling the Council to identify future areas of stress and scenario test scheme options. With the Council planning a pipeline of medium and major-sized schemes, having a countywide model such as COMET in place will only grow in relevance going forwards. As such, by supporting the maintenance and development of a countywide modelling function, the chosen supplier will play an active role in supporting ‘good growth’ in Hertfordshire.

Please note: The TUPE Staffing Information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the view details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing;

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE staffing information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 1 200 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to one (1) further year.

II.2.12)Information about electronic catalogues
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

II.2)Description
II.2.1)Title:

Additional Modelling Support (Multi Supplier)

Lot No: 3
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

As well as the Countywide Strategic Model detailed in Lot 2, the Council’s Transport Planning function has worked with the existing transport planning framework provider to develop more detailed microsimulation-based models (S. Paramics and Paramics Discovery) for Hemel Hempstead, Hertford, Stevenage and Watford, the coverage of which can be viewed here. On top of maintaining these models, the Council may require support developing new microsimulation models, and providing support to third parties looking to use any of our models, including COMET. As such, by further developing these models and providing modelling support to both developers and Hertfordshire’s District and Borough Councils, the chosen supplier will play a key role in supporting good growth in Hertfordshire.

Please note: The TUPE staffing information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the view details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing;

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE staffing information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 600 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to a one (1) further year.

II.2.12)Information about electronic catalogues
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

II.2)Description
II.2.1)Title:

Transport Appraisal Support (Multi Supplier)

Lot No: 4
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

The Council operates a Development Management Pre-Planning service, wherein it appraises development plans and planning applications for their impact on the transport network, a service that the chosen supplier will support for the duration of the framework. These services are delivered to anybody making a significant planning application with network implications, including the public, developers, consultants, housing associations, the District and Borough Councils, and other County Council departments. With the volumes of growth in Hertfordshire outlined earlier in the specification, the importance of this service will only grow in the foreseeable future, with the chosen supplier playing a key role in supporting the existing service to deliver good growth in Hertfordshire.

Please note: The TUPE staffing information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the view details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing;

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE Staffing Information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 2 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to one (1) further year.

II.2.12)Information about electronic catalogues
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

II.2)Description
II.2.1)Title:

Development Management Implementation (Multi Supplier)

Lot No: 5
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

The Council operates a development management implementation service, wherein it providers professional and technical advice to check aspects of developers’ proposals for highway works, and checking specifications for works on adopted highways or roads offered for adoption. The existing service is delivered under the Council’s Client Support Term contract under Council supervision, as will be the case for the duration of the framework. The purpose of this lot is to support this delivery by bringing in supplementary expertise and experience. As such, the chosen supplier will find themselves working with client and consultant officers side-by-side. With the significant levels of growth planned for the county outlined earlier in this document, the importance of the implementation service in ensuring this growth is accompanied by high quality, adoptable highway infrastructure will only grow during the lifetime of this framework.

Please note: The TUPE staffing information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the view details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing;

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE Staffing Information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 2 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to one (1) further year.

II.2.12)Information about electronic catalogues
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

II.2)Description
II.2.1)Title:

Environmental Support (Single Supplier)

Lot No: 6
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

The Council both undertakes and screens a variety of environmental assessments, both for projects it is undertaking itself and in its role as a planning authority. Accompanying this is a renewed focus on air quality in Hertfordshire, as outlined in the county’s recently adopted air quality strategy. These priorities are cross-departmental, with the chosen supplier likely to find themselves working with the spatial planning and economy unit, highways department, passenger transport unit and public health, amongst others. With a renewed legislative focus on environmental protections from Central Government and significant volumes of development requiring environmental assessments, the importance of the work outlined in this Lot will only grow during the lifetime of the framework.

Please note: The TUPE staffing information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the view details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE staffing information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 160 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to one (1) further year.

II.2.12)Information about electronic catalogues
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

II.2)Description
II.2.1)Title:

Major Transport Schemes (Single Supplier)

Lot No: 7
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

The Council is undertaking a large number and variety of Major Transport Schemes, including the A120 Little Hadham Bypass, the A602 improvement works, and new river bridge improvements in Hoddesdon. With a series of high profile schemes in planning or consultation at any one time, most notably the A414 strategy, and national investment in infrastructure set to continue, this trend is set to continue. In this context of growth, the Council is looking for supplementary support to its existing major projects service, delivered jointly by WSP and County Council officers. As such, the chosen supplier would find themselves working with Council and WSP employees. As such, with increasing investment in infrastructure in Hertfordshire, the chosen supplier will be play a key role in ensuring the infrastructure delivered by the Council continues to support ‘good growth’ in Hertfordshire.

Please note: The TUPE Staffing Information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the view details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing;

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE Staffing Information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 20 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to one (1) further year.

II.2.12)Information about electronic catalogues
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

II.2)Description
II.2.1)Title:

Waste Management Development and Design (Single Supplier)

Lot No: 8
II.2.2)Additional CPV code(s)
71300000
II.2.3)Place of performance
NUTS code: UKH23
Main site or place of performance:

II.2.4)Description of the procurement:

With increasing investment in infrastructure in Hertfordshire, the chosen supplier will play a key role in ensuring the infrastructure delivered by the employer, whether it supports transport or waste management, continues to support good growth in Hertfordshire. The Employer is undertaking a large number of infrastructure schemes including the improvement and development of waste related infrastructure. Hertfordshire County Employer’s Local Authority Collected Waste Spatial Strategy identifies the necessary infrastructure required to manage waste efficiently and effectively. Subject to funding, required infrastructure includes the provision of Waste Transfer Stations and new ‘super site’ Household Waste Recycling Centres.

Please note: The TUPE staffing information for this procurement has been provided along with other documentation for this procurement. TUPE related information must be treated as protected data in accordance with the requirements of the Data Protection Act 1998 and must be kept confidential. By clicking on the View Details button and accessing the documentation for this procurement, tenderers agree:

(a) to undertake to treat the information as confidential and commercially sensitive at all times and take all reasonable steps to prevent any inadvertent disclosure to any third party;

(b) that under no circumstances will any of the information be disclosed by your organisation or your personnel to any third party without the Council’s prior consent in writing;

(c) that the information supplied will be stored securely and destroyed or returned to the Council, after your organisation’s bid has been submitted or you decide not to proceed with a tender submission;

(d) that you will indemnify the Council for any losses, arising from your breach or breach by any of your personnel of these confidentiality requirements specified above and data protection requirements in relation to TUPE staffing information;

(e) the requirements above apply whether the supplier uploads a tender response to this procurement or not.

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: 3 500 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

The Council will review its options towards the end of the framework agreement.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Option to extend for up to one (1) further year.

II.2.12)Information about electronic catalogues
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

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:

Please refer to the tender documentation provided at www.supplyhertfordshire.uk

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 contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
In the case of framework agreements, provide justification for any duration exceeding 4 years:

Not applicable - please note some Lots are single supplier and some are multiple supplier - see description in relevant Lot - the max number above takes in to account the max number envisaged across all Lots

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
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
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 25/10/2019
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
IV.2.7)Conditions for opening of tenders
Date: 25/10/2019
Local time: 12:00
Place:

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

This procurement is an open (1 stage process). Suppliers wishing to take part in this project are invited to 'express interest' which will give access to the full procurement documents in the e-tendering system. To be considered as a bidder you must complete and submit a bid by the deadline of 12.00 noon on 25.10.2019. Any questions relating to this procurement must be made via correspondence on the website, in accordance with the procurement documents and can be addressed to the main contact as shown in the details above. Please allow sufficient time to make your return as late returns will not be permitted by the system. Please note Hertfordshire County Council has worked closely with its districts and partners to create a joint procurement portal called supply Hertfordshire. This portal provides an e-Tendering system which is run by In-Tend. To access this procurement opportunity please visit www.supplyhertfordshire.uk and follow the on-screen guidance. In accordance with Regulation 53 of The Public Contracts Regulations 2015, the Council's procurement documents are available within the e-Tendering system. If you are experiencing problems In-Tend offer a help section which includes a dedicated UK support desk which can be contacted via email: support@in-tend.com or Telephone: +44 1144070065 for any website/technical questions, Monday to Friday, 8.30-17.30. The Council reserves the right at any time to cease the procurement process and not award a framework agreement or to award only part of the opportunity described in this notice. If the Council takes up this right, then they will not be responsible for or pay the expenses or losses, which may be incurred by any organisation or tenderer as a result. The Council undertakes to hold confidential any information provided in the proposal submitted, subject to the Council's obligations under the law including the Freedom of Information Act 2000. If the organisation considers that any of the information submitted in the proposal should not be disclosed because of its sensitivity then this should be stated with the reason for considering it sensitive. The Council will then endeavour to consult with the applicant about such sensitive information when considering any request received under the Freedom of Information Act 2000 before replying to such a request. The Council reserves the right to carry out additional financial checks on all organisations bidding for this opportunity at any time during the procurement process. This is to ensure that they continue to meet the Council's requirements and remain financially viable to fulfil the requirements under the framework agreement.

Please note that the framework agreement can be used by those participating bodies listed within this OJEU Notice. However the Council reserves the right to allow any future trading arms of the Council to also utilise the framework agreement. In addition, there will be no form of exclusivity or volume that is guaranteed under the resultant framework agreement and the Council and other participating bodies will be entitled to enter into other contracts and arrangements with other suppliers for the provision of any, or all, of the requirements which are the same as, or similar to those specified under the established framework agreement. The participating bodies able to use the framework agreement are: Three Rivers District Council, Watford Borough Council, Welwyn Hatfield Borough Council, East Herts District Council, Stevenage Borough Council, North Hertfordshire District Council, St Albans City and District Council, Dacorum Borough Council, Hertsmere Borough Council, Hertfordshire Local Enterprise, and any other future trading arm of the Council.

VI.4)Procedures for review
VI.4.1)Review body
High Court, Royal Courts 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:

The contracting authority will incorporate a minimum 10 calendar days (when using electronic means) standstill period at the point information on the award of the framework agreement is communicated to tenderers. This period allows unsuccessful tenderers to challenge the decision to award a framework agreement before a contract is executed/signed (as appropriate). The Public Contracts Regulations 2015 (‘Regulations’) provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly and within the time-limits as defined in the above regulations. Where a framework agreement has not been entered into the court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If the framework agreement has been entered into the court has the options to award damages and/or to shorten or order the framework agreement ineffective.

VI.4.4)Service from which information about the review procedure may be obtained
High Court, Royal Courts of Justice
The Strand
Hertford
WC2A 2LL
United Kingdom
VI.5)Date of dispatch of this notice:
09/09/2019