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United Kingdom-London: Road transport services
Section I: Contracting authority
Section II: Object
Electric Scooter (e-Scooter) Rental Trial in London
In early May 2020, the Department for Transport (‘DfT’) announced its intention to start trials of rental e-Scooters, to help support cities across the United Kingdom as part of their restart and recovery response following the Coronavirus-induced lockdown.
DfT has demonstrated its preference for coordination of trials at a local level. Transport for London (‘TfL’) has therefore been working with London Councils as representative for the 32 London boroughs and the City of London Corporation (the ‘Boroughs’) with the intent to administer, coordinate and evaluate with the potential for all Boroughs in Greater London to participate. By coordinating efforts, TfL and the Boroughs can:
(i) drive a consistent and safe trial standard across London;
(ii) provide an evidence base for TfL and the Borough’s own policy position on the e-Scooters and DfT’s research to inform possible changes to legislation regarding e-Scooters; and
(iii) provide an alternative transport option.
This is a competitive procurement for the award of a contract(s) to operator(s) in relation to an electric scooters (‘e-Scooters’) trial in London (‘Trial’). The procurement is being conducted pursuant to the research and development services exemption under regulation 14 of the Public Contracts Regulations 2015 (‘PCR 2015’). At the end of this procurement process, TfL may choose to award contract(s) and enter into an Administration Agreement (‘Agreement’) with each operator, setting out the terms that apply to the operator and those authorities in the Greater London area who wish to participate in the Trial, being TfL itself, various London Boroughs and the City of London Corporation.
The agreement provides that a participating borough may issue a notice to require the relevant operator(s) to enter into a contract for the provision of e-Scooter rental services in the geographic area controlled by that participating borough. Participating boroughs may choose to enter a full-service contract for the provision of an e-Scooter rental service or to allow e-scooters to be ridden through only (Ride-Through-Borough).
The contracting authority is seeking to award the tender to up to three operators.
TfL will conduct a Stage 1: Eligibility and Capability Assessment (‘ECA’). Each response or question will be scored as indicated. Pass/fail criteria will apply as indicated. TfL will take forward up to 10 tenderers from the ECA, being those tenderers who pass all Parts of the ECA and who have achieved the top ranking highest scored marks in Part 4 of the ECA.
These tenderers will then have their response to the Stage 2: Qualitative Evaluation (‘QE’) evaluated. Evaluators will review the tenderer’s responses to the questions and evaluate against the criteria shown on the questionnaire. The weightings for each question will be applied to scored responses and those tenderers with no fails will be ranked. An award recommendation comprising the top three scoring tenders (assuming at least three tenders exceed the minimum scoring threshold) will be agreed on. Tender documents will be provided electronically via TfL’s ePortal, https://procontract.due-north.com/Login
An invite to a (virtual) briefing meeting will be sent to all suppliers who have expressed an interest in the tender via the portal. It is intended that this meeting will give an overview of the tender process. Responses should be submitted electronically via TfL’s ePortal, https://procontract.due-north.com
Tenders will agree to charges set out in the agreement for the opportunity. No fees will be paid to the operators by the authority. Charges comprise the full service charge, the ride-through charge and the per-vehicle charge (as per spec). The structure of the charges is as set out in the specification. Operators are not entitled to receive payment under this agreement from the administrator or any of the participating boroughs.
Subject to the terms of the agreement, the trial is currently expected to commence in or around spring 2021 and run for a term of up to 12 months, over 13 consecutive 28-day periods. The Trial term may at TfL’s discretion and under the terms of the agreement, be extended for a further six 28-day periods.
TfL will not be liable to any person for any costs whatsoever incurred in the preparation of bids or in otherwise responding to the ITT.
Subject to the terms of the agreement, the Trial is currently expected to commence in or around spring 2021 and run for a term of up to 12 months, over thirteen consecutive 28-day periods. The Trial term may at TfL and the project board’s discretion and under the terms of the agreement, be extended for a further six 28-day periods.
The contracts resulting from this procurement may be awarded by and may be for the benefit of other contracting authorities.
Tender documents will be provided electronically via TfL’s ePortal, https://procontract.due-north.com
Low income/equitable access plans will be evaluated; price will not be assessed. Tenderers should refer to the ITT Volume 1 for the evaluation criteria.
Section III: Legal, economic, financial and technical information
Full details of the requirements can be found in the tender documents accessible via TfL's eTendering portal ProContract: https://procontract.due-north.com/Home/About
Selection criteria as stated in the procurement documents
Specific information shall be required and set out in Stage 1 Eligibility and Capability Assessment (‘ECA’).
Applicants should note that they may be required to supply audited accounts.
Please see form of contract (Agreement) included with the ITT documents.
Section IV: Procedure
The procurement is being conducted pursuant to the research and development services exemption under regulation 14 of the Public Contracts Regulations 2015 (‘PCR 2015’).
The procurement of the contract does not fall within the procurement regulations therefore, this is a voluntary contract notice
Each response should be submitted electronically via the e-Portal, https://procontract.due-north.com
Tender submissions will be checked initially for compliance with these Instructions to Tenderers (ITT) and for completeness. Clarification may be sought from tenderers. TfL reserves the right to reject any tenders that are not, upon receipt, compliant with, and in the format specified in the ITT. It is recommended that the tenderer undertakes its own checks for content and compliance.
Section VI: Complementary information
TfL is conducting this procurement pursuant to regulation 14 PCR 2015, the research and development services exemption, and as such the PCR 2015 processes do not apply to this opportunity. Since the procurement of the contract does not fall within the scope of the procurement rules, this is a voluntary contract notice.
TfL is conducting this procurement process to identify operator(s) for the Trial in line with the voluntary processes and stages set out in the ITT. It is therefore important that tenderers raise any queries regarding the ITT and accompanying volumes, including the Specification and the Administration Agreement, with TfL as soon as practicable and in accordance with the proposed timetable for clarification questions set out in the instructions.
Tenderers are required to respond to all sections of the ITT and must submit in accordance with the instructions to tender.
TfL reserves the right without notice to change the procurement process detailed in the ITT or to amend the information provided, including, but not limited to: changing the timetable, the scope and nature of the procurement and the procurement process. This will be subject to the normal rules of public law, EU principles and procurement rules.
Moreover, TfL reserves the right to provide further information or to supplement and/or to amend the procurement process for the ITT. Tenderers enter this procurement process at their own risk. TfL shall not accept liability nor reimburse a tenderer for any costs or losses it incurs in relation to its participation in the procurement process, regardless of whether or not TfL has made changes to the procurement process.
TfL also reserves the right, at any point and without notice, to discontinue the procurement process without awarding a contract, whether such discontinuance is related to the content of tenders or otherwise.
The contracting authority strongly encourages those interested in tendering to undertake their activities in line with responsible procurement principles. Further information on TfL's responsible procurement policies can be found on the following website: https://tfl.gov.uk/corporate/publications-and-reports/procurement-information
The UK government has announced its commitment to greater data transparency. Accordingly the contracting authority reserves the right to publishing its tender documents, contracts and data from invoices received. In so doing the contracting authority may at its absolute discretion take account of the exemptions that would be available under the Freedom of Information Act 2000 and Environmental Information Regulations 2004.
Further information on TfL may be found at www.tfl.gov.uk