Competition to appoint a Parent Body Organisation for the Magnox Limited and Research Site Restoration Limited Site Licence Companies

Competition to appoint a Parent Body Organisation for the Magnox Limited and Research Site Restoration Limited Site Licence Companies

Nuclear Decommissioning Authority.

UK-Moor Row: engineering services

2012/S 136-227570

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Nuclear Decommissioning Authority
Herdus House, Westlakes Science and Technology Park, Moor Row, Cumbria
For the attention of: Competition Manager
CA24 3HU Moor Row
UNITED KINGDOM
Telephone: +44 1925-802603
E-mail: [email protected]
Fax: +44 1925-802003

Internet address(es):

General address of the contracting authority: http://www.nda.gov.uk

Address of the buyer profile: http://www.nda.gov.uk/contracts/competition/magnox-rsrl.cfm

Electronic access to information: http://www.nda.gov.uk/strategy/criticalenablers/competition/index.cfm

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Body governed by public law
I.3)Main activity

Other: Nuclear Decommissioning
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:

Competition to appoint a Parent Body Organisation (PBO) for the Magnox Limited (Magnox) and Research Site Restoration Limited (RSRL) Site Licence Companies (SLC).
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
Main site or location of works, place of delivery or of performance: 12 Civil Nuclear Sites in England (8), Scotland (2) and Wales (2).
NUTS code UK

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)

Competition to appoint a Parent Body Organisation for the Magnox Limited and Research Site Restoration Limited Site Licence Companies.
II.1.6)Common procurement vocabulary (CPV)

71300000

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

The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots

This contract is divided into lots: no
II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

The appointment, through competition of a PBO to take ownership of the Magnox/RSRL SLCs. The successful bidder will take ownership of The Magnox/RSRL SLCs, through share transfer under the terms of a Parent Body Agreement (PBA). The PBA includes provisions which govern the terms of the PBO’s ownership of the Magnox/RSRL SLCs. The PBA is distinct from the Site Licence Company Agreement (SLCA), (a direct contract between an SLC and the NDA) which defines the SLCs’ mission, strategy and objectives. The successful bidder will be required to cause the SLCs to enter into one or more SLCAs once it has acquired ownership of the SLCs’ shares through the award of the PBA. The appointed PBO will be required, through its ownership of the SLC, to provide the expertise and leadership necessary to optimise value for money and performance to deliver the NDA strategy for the sites, as articulated in the NDA’s client specification.
Bidders will be required to develop proposals to deliver the NDA’s requirements, most critically taking the sites to defined states on a Most Economically Advantageous Tender (MEAT) basis. These proposals must ensure continued safe, secure and environmentally responsible operations, and must also strike an optimum balance between total cost, hazard reduction, impact on the dates to meet the defined states, maintenance of mission-critical skills and socio-economic compliance. The PBO must have access to a reservoir of talent, with extensive experience and technical skills, which can be deployed flexibly to optimise the SLCs performance in meeting its obligations under the SLCA(s). The NDA’s preferred contracting approach is to enter into a target cost contract arrangement. However the NDA reserves the flexibility to use a reimbursable contractual arrangement in the event that, in the opinion of the NDA, a target cost arrangement is not sustainable. The NDA funding limits for both SLCs over the first 7 year contract period (financial year 14-15 to 20-21) amount to £4.211 billion pounds. The period between financial year 21-22 and 27-28 assumes the current baselines for both SLCs and amounts to £1.907 billion pounds. The NDA reserves the right to decline to award a contract in the event that a bid exceed these levels. Fee, which is paid to the SLCs, will be directly determined by performance. Net fee will be paid to the PBO by the SLCs as dividend. NDA also reserves the right to pay fee directly to the Parent Body Organisation. The duration of the contract will be flexible, but approximately 14 years is seen as the maximum duration and it is anticipated that there will be break provisions exercisable by the NDA. The client specification, which will define the NDA’s output and performance requirements, (including, but not limited to achievement of the required States at the 12 sites), will be included in the Invitation to Participate in Dialogue issued to those Bidders who pre-qualify.
II.2.2)Information about options

Options: no
II.2.3)Information about renewals

This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion

Starting 1.7.2014. Completion 30.6.2028

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:

The successful bidder, whether a single party or consortium, will be required to provide a parent company guarantee or other form of surety (in a form acceptable to the NDA). In the case of a consortium, the parent company of each consortium member will be required to provide such a guarantee or surety on a joint and several basis.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Further details about the financing conditions and payment arrangements will be made available in the Invitation to Participate In Dialogue and discussed in the dialogue phase.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

No special legal form is required. However, the NDA will require any bidder which is a consortium to be fully legally incorporated at the time of submitting its tender response.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: There are a number of mandatory conditions which the successful bidder will be required to adhere to and which will be identified in the invitation to participate in dialogue.
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: Please see pre-qualification documentation pack. This provides full details of the NDA’s requirement and the information it requires to be completed.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please see pre-qualification documentation pack. This provides full details of the NDA’s requirement and the information it requires to be completed.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Please see pre-qualification documentation pack. This provides full details of the NDA’s requirement and the information it requires to be completed.
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 2: and maximum number 6
Objective criteria for choosing the limited number of candidates: Bidders will be required to pass a number of minimum thresholds in order to be invited to participate in dialogue. Please see the pre-qualification documentation pack for further details. The NDA reserves the right to down-select bidders during the course of the dialogue phase. The process for down selection will be identified in the invitation to participate in dialogue.
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:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2012/S 079-129924 of 24.4.2012

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

Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

31.8.2012 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

1.11.2012
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 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

The NDA is planning on holding a Bidders Conference on 19th July at the Midland Hotel in Manchester to provide interested organisations with key information and specific requirements of the competition. Further details regarding the scope of the competition, the NDA’s requirements and the competition process are available in the pre-qualification documentation pack which can be requested by e-mailing [email protected] on or after 20.7.2012. The NDA reserves the right to amend the deadlines and timetable for the competition process at its absolute discretion.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

High Court

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The NDA shall incorporate a standstill period in its competition schedule in accordance with regulation 32A of the Public Contracts Regulations 2006, as amended (the “Regulations”) and provide bidders with the information required by Regulation 32 of the Regulations. Where a bidder considers that the OJEU process has not been followed and has suffered harm or is at risk of harm as a result of breach of the Regulations, the bidder has the ability to seek redress in the High Court. Any such action must be brought within 30 days of the date when the grounds for complaint first arose or the bidder was reasonably aware of the grounds of complaint.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:16.7.2012