Delivery of scientific and research services to Defra

Delivery of scientific and research services to Defra

Procurement of Joint Venture partner for the Secretary of State for DEFRA; delivery of scientific and research services currently delivered by DEFRA, (including the Food and Environment Research Agency) and other Crown Bodies.

United Kingdom-London: Research and development services and related consultancy services

2014/S 088-154013

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Defra
Nobel House, 17 Smith Square
For the attention of: Trudy Anderson
SW1P 3JR London
UNITED KINGDOM
Telephone: +44 1904456629
E-mail: procurement@defra.gsi.gov.uk

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

National or federal agency/office

I.3)Main activity

Environment
Other: food and research

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Defra
Nobel House, 17 Smith Square
SW1P 3JR London
UNITED KINGDOM

 

Section II: Object of the contract

II.1)Description

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

Procurement of Joint Venture partner for the Secretary of State for DEFRA; delivery of scientific and research services currently delivered by DEFRA, (including the Food and Environment Research Agency) and other Crown Bodies.

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

Services
Service category No 8: Research and development services
Main site or location of works, place of delivery or of performance: United Kingdom.

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)

DEFRA is seeking a partner to assist in the delivery of a significant part of its scientific capability.
DEFRA will incorporate a new company limited by shares (NewCo) and is seeking a partner to participate in a joint venture with DEFRA by subscribing for a controlling shareholding in NewCo up to a maximum of 75 % of the shares. DEFRA will retain a substantial minority shareholding in NewCo.
NewCo will develop a private sector controlled operating model that will be available to DEFRA and potentially to other Crown Bodies. The operating model will deliver contracted services to government and will look to grow NewCo’s commercial income from the opportunities that its scientific capability enables.
The initial DEFRA contractual commitment will be to transfer or vest certain areas of its functions and services currently vested in FERA, which form part of its scientific capability into NewCo.
Term is up to 120 months for the Service Contract and indefinite for the Joint Venture.
The employees associated with these functions are expected to transfer under TUPE.
DEFRA will enter into a services contract with NewCo for up to ten years under which NewCo will provide services to DEFRA and potentially other Crown Bodies.
Subsequent transfers of science business from DEFRA and/or other Crown Bodies, with scientific capability to NewCo may occur post the subscription of shares in NewCo by the Partner.
FERA currently provides scientific evidence and services to support DEFRA in its policy making and operational responsibilities including emergency response capabilities in relation to food and the environment. DEFRA will require the ability to maintain access to certain identified capabilities. FERA also serves other public and private sector customers, including but not limited to the Food Standards Agency and Home Office.
It is anticipated that the successful Partner either by itself, or with other identified entities’, is expected to bring, amongst other things, a combination of:
— funding for investment in NewCo and service provision to existing and future customers;
— experience of successfully delivering and growing Joint Ventures or other partnerships with the public or private sector;
— the ability to deliver reliable, high-quality business and scientific services at competitive prices that deliver on both against value for money and service performance indicators;
— well-proven transition and transformational capabilities within challenging timeframes; and
— a vision and commitment to enhance relevant scientific capability and a commitment to deliver both the scientific services defined within the services supplied contract as well as a vision of how to expand and enhance into future service areas.
FERA operates from DEFRA’S Sand Hutton site near York. DEFRA will seek to explore with bidders during the negotiation the possibility of NewCo occupying a majority proportion of the Sand Hutton site as a tenant under a lease with DEFRA and/or managing the site.

II.1.6)Common procurement vocabulary (CPV)

73000000713150007513000090720000907214009072170079420000732000007900000090711500852000007311200080000000,90712300907218007321000073111000731000009071240090721300794111009071220073110000794110009072100070330000,907220009071500077000000

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: yes
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

DEFRA currently estimates a commitment of around GBP 15 m to NewCo in the first year.
Estimated turnover for New Co in the first year is circa GBP 40 m per annum. This may grow organically from within NewCo or from potential further moves by DEFRA or other Crown Bodies. Subsequent transfers of science business from DEFRA and/or other Crown Bodies, with scientific capability to NewCo may occur post the subscription of shares in NewCo by the Partner; these may result in increased turnover of up to GBP 150 m per annum.
Estimated value excluding VAT:
Range: between 400 000 000 and 1 500 000 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: DEFRA or other Crown Bodies may wish to transfer further science business into NewCo which could deliver a broader basis for growth. DEFRA believes there is substantial potential to further pursue commercial opportunities once NewCo is moved into the private sector.
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:

DEFRA reserves the right to require deposits, guarantees, bonds and/or other forms of appropriate security.

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

To the extent that there are any, this will be covered within PQQ and the Invitation to Negotiate (ITN).

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

DEFRA reserves the right to require groupings of bidders to take a particular legal form or to require a single bidder to take primary liability or to require that each single bidder undertakes joint and several liability in their obligations to the JV and DEFRA. This may include the bidders establishing a special purpose vehicle which will own the bidders’ shareholding in the Joint Venture. This will be set out in the PQQ and ITN.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Any particular conditions will be set out in the PQQ and ITN.
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: Will be set out in the PQQ and ITN.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Will be set out in the PQQ and ITN.
Minimum level(s) of standards possibly required: Will be set out in the PQQ and ITN.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Will be set out in the PQQ and ITN.
Minimum level(s) of standards possibly required:
Will be set out in the ITN.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Negotiated

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: DEFRA reserves the right to recourse to a staged procedure to reduce the number of tenders to be negotiated in the ITN phase.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
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:

20 350

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

Prior information notice

Notice number in the OJEU: 2013/S 219-381259 of 12.11.2013

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

9.6.2014 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

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

in days: 120 (from the date stated for receipt of 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: yes
Reference to project(s) and/or programme(s): FERA’S income streams currently include EU and European Food Safety Authority funding for services and research awards (e.g. FP7 and Horizon 2020).

VI.3)Additional information

Suppliers Instructions How to Express Interest in this Tender~: 1. Register your company on the eSourcing portal (this is only required once) – Browse to the eSourcing Portal: https://defra.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘continue’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQ Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires open to any registered supplier) – Click on the relevant PQQ to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ into your ‘My PQQs page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ Details’ box 3. Initially you will be invited to access and return a Non-Disclosure Agreement (NDA). Upon submission of a signed NDA the PQQ and Initial Information Document will be made accessible from 09 May 2014. Responding to the tender – Click ‘My Response’ under ‘PQQ Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ – There may be a mixture of online and offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

The PQQ will be accompanied by an Initial Information Document. Please note that the Initial Information Document is directed only at persons who are:
(i) ‘investment professionals’ as defined in Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the ‘Order’);
(ii) are high net worth companies, etc. as defined in Article 49 of the Order; or
(iii) any other person to whom the Initial Information Document may be otherwise lawfully communicated,
(together, ‘Eligible Recipients’).
Any person who is not an Eligible Recipient may not rely on the Initial Information Document and investment in NewCo will not be available to such persons. Nothing in this Notice, the PQQ, the Initial Information Document or any related document constitutes investment advice.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Defra
Nobel House, 17 Smith Square
SW1P 3JR London
UNITED KINGDOM

Body responsible for mediation procedures

Royal Courts of Justice
Royal Courts of Justice
WC2A 2LL London
UNITED KINGDOM
Internet address: http://www.hmcourts-service.gov.uk

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: DEFRA will act in accordance with regulation 32 and Part 9 of the Public Contract Regulations 2006 (as amended). Part 9 of these regulations provides for appeals to be made to the High Court subject to the time limitations and other required procedural steps. The rules relating to appeal are complex and a dissatisfied candidate/tenderer is advised to take their own prompt legal advice.

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

HM Courts
Internet address: http://www.hmcourts-service.gov.uk

VI.5)Date of dispatch of this notice:

4.5.2014

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