Business Partner Joint Venture Cheshire

Business Partner Joint Venture Cheshire

The Council is seeking a partner to establish a joint venture company to deliver, redesign, transform, develop, invest in and commercially trade a range of services. 

United Kingdom-Chester: Services furnished by business, professional and specialist organisations

2014/S 095-166465

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Cheshire West and Chester Borough Council
Procurement, HQ, 58 Nicholas Street
For the attention of: Mr Andrew Moran
CH1 2NP Chester
UNITED KINGDOM
Telephone: +44 1244977214
E-mail: andrew.moran@cheshirewestandchester.gov.uk

Internet address(es):

General address of the contracting authority: www.cheshirewestandchester.gov.uk

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

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Business Partner Joint Venture.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 11: Management consulting services [6] and related services
Main site or location of works, place of delivery or of performance: Cheshire West and Chester.

NUTS code UKD

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)

The Council is seeking a partner to establish a joint venture company to deliver, redesign, transform, develop, invest in and commercially trade a range of services. The Council also wishes to explore how public service mutuals can play a role in a mixed economy of services, either through the structure of the joint venture company itself or as vehicles for hosting other services to be considered within this procurement opportunity.

II.1.6)Common procurement vocabulary (CPV)

98110000220000003000000045000000480000005000000051000000600000006400000066000000700000007100000072000000,75000000850000009000000098000000

II.1.7)Information about Government Procurement Agreement (GPA)

II.1.8)Lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: yes
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The Council is seeking a partner to establish a joint venture company to deliver, redesign, transform, develop, invest in and commercially trade a range of services. The Council also wishes to explore how public service mutuals can play a role in a mixed economy of services, either through the structure of the joint venture company itself or as vehicles for hosting other services to be considered within this procurement opportunity. The format of the joint venture and any staff ownership is to be determined and will be discussed during the competitive dialogue stage.
The aim of the Council is to establish a joint venture company that will; deliver best in class, high performing and efficient services to residents and customers; transform services to put customers first and residents at the centre of everything we do; allow employees to work flexibly and to get the right information to the right people at the right time; develop a growing sustainable business by investing in, marketing and commercially trading services; improve outcomes for local people and businesses; support the Council’s wider transformation and efficiency programme on a risk and reward basis; flexibly respond to the Council’s changing funding position.
The contract will; incorporate performance payments linked to meeting service KPI’s and high levels of customer satisfaction; provide incentives to achieve value for money and provide cost efficiencies on a shared risk and reward basis; include the requirement for continuous improvement in both performance and efficiency for the contract duration; be flexible in response to changes to the Council’s funding position and future Local Government Finance Settlements; support the Council’s commitment to transparency and Open Data.
The Council’s assumption is that the contract will be for a minimum of five years with a proposed extension up to a further period of five years. The exact contract duration will be discussed during the dialogue period and if the market proposes a longer period that is acceptable to the Council, this will require Council Executive approval.
The initial scope of the contract will be Customer Services and Integrated Workplace Management (Business Operations and Facilities Management). Other services may be included at the discretion of the Council on an incremental basis subject to business case reviews, consultation and Council Executive decisions. These services will be discussed further during dialogue.
The Council wishes to enable all local authorities in England and Wales and all other contracting authorities in the county of Cheshire and the counties of Cumbria, Lancashire, Merseyside, Greater Manchester, Derbyshire, Staffordshire, Shropshire, West Midlands, Flintshire, Wrexham, Denbighshire, Conwy, Gwynedd, Isle of Anglesey and Powys to benefit from this procurement and therefore is seeking to procure a framework agreement for call-offs. The public bodies may wish to procure substantially similar services to those included in the contract under a separate framework agreement but without any obligation on the public sector bodies to participate. Accordingly it is the intention that the public sector bodies should be able to rely on this procurement to purchase such services from the joint venture without the need for any further procurement process.
The framework agreement will not be limited to four years but will be coterminous with the contract term for the Customer Services and Integrated Workplace Management in order to optimise the commercial viability of the joint venture business. The form of the call-off contract will be discussed the competitive dialogue.
Estimated value excluding VAT:
Range: between 50 000 000 and 800 000 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: Other services may be be included at the discretion of the Council on an incremental basis subject to business case reviews, consultation and Council Executive decisions. These services will be discussed further during dialogue and further detail is provided in the descriptive document.
II.2.3)Information about renewals

II.3)Duration of the contract or time limit for completion

Duration in months: 120 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

The contracting authority reserves the right to require deposits, guarantees, bonds or other forms of appropriate security.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

See Descriptive Document, invitation to participate in dialogue and contract conditions.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The contracting authority reserves the right to require groupings of economic operators to take a particular legal form or to require a single economic operator to take primary liability.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Details of any conditions will be set out in the contract documents. These may include conditions relating to environmental and social requirements.
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: Any supplier may be disqualified who:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26 May 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering.
Information and formalities necessary for evaluating if requirements are met:
As set out in the pre-qualification questionnaire.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: As set out in the pre-qualification questionnaire.
Minimum level(s) of standards possibly required: As set out in the pre-qualification questionnaire.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
As set out in the pre-qualification questionnaire.
Minimum level(s) of standards possibly required:
As set out in the pre-qualification questionnaire.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

competitive dialogue

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 3: and maximum number 5
Objective criteria for choosing the limited number of candidates: As set out in the pre-qualification questionnaire.

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
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:

9JMM-FL3QBV

IV.3.2)Previous publication(s) concerning the same contract

no

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 16.6.2014 – 12:00
Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

16.6.2014 – 12:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

7.7.2014

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.
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

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information

This contract is being procured using an e-tendering system called The Chest. If you are not currently registered, go to the following and click the “Register FREE” link:

https://www.the-chest.org.uk

If you go to:

https://www.the-chest.org.uk/procontract/supplier.nsf/frm_opportunity_search?openForm

You will be able to search via the “Organisation” drop down menu for Cheshire West and Chester tenders. Select this particular opportunity from the list and register interest; you will then be able to find further information and access the Pre-qualification document and any additional Information.
The Pre-qualification document and any subsequent additional information will be available to download from “The Chest”. It is your responsibility to download the information from “The Chest”. Do not telephone the Procurement department to find out details of this opportunity. All instructions and details of this opportunity will be found in the documents once you have accessed them. Any clarification questions must be submitted via “The Chest” in the Questions and Answers section. Any notifications regarding this opportunity will be issued via “The Chest”. It is your responsibility to check “The Chest” to be aware of any updates.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Royal Courts of Justice
Strand
WC2A 2LL London
UNITED KINGDOM

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The contracting authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers.
If an appeal regarding the award of a contract has not been successfully resolved, the Public Contracts Regulations 2006 (SI 2006 No 5) (as amended) provide for aggrieved parties who have been harmed or are 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 started within 30 days beginning with the date when the aggrieved party first knew or ought to have known that grounds for starting the proceedings had arisen. The Court may extend the time limit for starting proceedings where the Court considers that there is a good reason for doing so but not so as to permit proceedings to be started more than 3 months after that date. Where a contract 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 contract has been entered into the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the contract to be “ineffective.”

VI.4.3)Service from which information about the lodging of appeals may be obtained

Cheshire West and Chester Council
Head of Legal and Democratic Services 58 Nicholas Street
CH1 2NP Chester
UNITED KINGDOM

VI.5)Date of dispatch of this notice:

14.5.2014

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