Legal Advisory Services for NPD Projects in Wales

Legal Advisory Services for NPD Projects in Wales

Framework Agreement for Legal, Financial and Insurance Advisory Services for NPD Projects in Wales.

United Kingdom-Cardiff: Legal services

2015/S 118-214905

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Welsh Government
Corporate Procurement (Procurement), CP2 Cathays Park
For the attention of: Paul Casey
CF10 3NQ Cardiff
UNITED KINGDOM
Telephone: +44 2920370343
E-mail: paul.casey@wales.gsi.gov.uk

Internet address(es):

General address of the contracting authority: http://wales.gov.uk/?skip=1&lang=en

Address of the buyer profile: http://www.sell2wales.gov.uk/search/Search_AuthProfile.aspx?ID=AA0007

Electronic access to information: www.etenderwales.bravosolution.co.uk

Electronic submission of tenders and requests to participate: www.etenderwales.bravosolution.co.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

Ministry or any other national or federal authority, including their regional or local sub-divisions

I.3)Main activity

General public services
Public order and safety
Environment
Economic and financial affairs
Health
Housing and community amenities
Social protection
Recreation, culture and religion
Education

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

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

The framework will be available to use by the Welsh Government. In addition the framework can also be used by the following, Abertawe Bro Morgannwg University Health Board, Aneurin Bevan University Health Board, Betsi Cadwaladr University Health Board, Cardiff & Vale University Health Board, Cwm Taf University Health Board, Hywel Dda University Health Board, Powys Teaching Health Board, Welsh Ambulance Services NHS Trust, Public Health Wales, Velindre NHS Trust

Section II: Object of the contract

II.1)Description

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

Framework Agreement for Legal, Financial and Insurance Advisory Services for NPD Projects in Wales.

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

Services
Service category No 27: Other services
Main site or location of works, place of delivery or of performance: Wales.

NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 3

Duration of the framework agreement

Duration in years: 3

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 6 750 000 GBP

II.1.5)Short description of the contract or purchase(s)

Infrastructure investment is a key Welsh Government priority. In line with the priorities set out in the Wales Infrastructure Investment Plan (WIIP), in May 2014 Welsh Ministers announced their intention to deliver two major infrastructure schemes using the Non-profit Distributing (NPD) model, namely: dualling of sections 5 and 6 of the A465 [the A465], delivery of the Velindre Cancer Campus [Velindre].
The Welsh Government, on behalf of Welsh Ministers [the Client], wishes to establish a Framework with three (3) separate, single supplier lots, for legal, financial and insurance services to advise on and support the development and implementation of these two NPD schemes, in the first instance.To support this it is anticipated the first piece of work required from Lot 1 will be the development of the Standard Form Contract and associated documentation.
The Supplier appointed to each of these individual Lots will not be guaranteed any business or income as a result of the appointment. Nor will the Supplier be the sole supplier of either legal or financial or insurance services to the Client or Participating Organisations.

NOTE: The authority is using eTenderwales to carry out this procurement process. To obtain further information record your interest on Sell2Wales athttp://www.sell2wales.gov.uk/search/search_switch.aspx?ID=28171

II.1.6)Common procurement vocabulary (CPV)

79100000, 66000000, 79400000

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: yes
Tenders may be submitted for all lots

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 framework will be let for a period of 24 months with the option to implement a break clause after 12 months and with the option to extend for a further 12 months after the initial 24 month period, as described within the ITT documentation.
Estimated value excluding VAT: 6 750 000 GBP

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

Information about lots

Lot No: 2Lot title: Financial Services

1)Short description

The Client wishes to appoint a single supplier to provide financial advice services on NPD schemes in Wales. It is anticipated that the first two schemes will be the A465 NPD scheme and the Velindre NHS Trust NPD scheme. Other schemes may become available during the lifetime of this framework. The Service required is the provision of a full range of financial services to Participating Organisations procuring infrastructure via an NPD or similar model. The current NPD classification review being undertaken by the ONS may require the nature of the Services provided under the framework to change during the term of the Framework Agreement and any subsequent Call-Off Contracts. This includes, but is not limited to, an infrastructure scheme starting as an NPD scheme but subsequently being restructured to follow a different funding model, or vice versa.
Advice will be required, but not limited to, the following areas: Outline Business Case / Project Development, Pre-OJEU: Approval of project to pre-OJEU issue (assumes financial advisor manages Pre- Qualification Questionnaire (PQQ) financial evaluation), OJEU: Short-listing of Bidders (assumes financial advisor manages PQQ financial evaluation), Invitation to Participate in Dialogue (ITPD) and Invitation to Continue Dialogue (ITCD) with interim bid evaluation (if applicable), Issued for Tender (IFT) and IFT evaluation, Preferred Bidder: Contract Award and Post Contract Award.

2)Common procurement vocabulary (CPV)

66000000, 79400000

3)Quantity or scope

Estimated 3 000 000.
Estimated value excluding VAT: 3 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Lot No: 3Lot title: Insurance Services

1)Short description

The Client wishes to appoint a single supplier to provide insurance advice services on NPD schemes in Wales. It is anticipated that the first two schemes will be the A465 NPD scheme and the Velindre NHS Trust NPD scheme. Other schemes may become available during the lifetime of this framework. The Service required is the provision of a full range of insurance services to Participating Organisations procuring infrastructure via an NPD or similar model. The current NPD classification review being undertaken by the ONS may require the nature of the Services provided under the framework to change during the term of the Framework Agreement and any subsequent Call-Off Contracts. This includes, but is not limited to, an infrastructure scheme starting as an NPD scheme but subsequently being restructured to follow a different funding model, or vice versa.
Advice will be required, but not limited to, the following areas: Project appraisal and insurance due diligence, Development of ITPD Documentation, Dialogue during ITPD Bid Preparation, Interim bid evaluation, Invitation to Submit Final Tenders (ISFT), Preferred Bidder, Closure & Post Contract Award.

2)Common procurement vocabulary (CPV)

79400000, 66000000

3)Quantity or scope

Estimated 750 000.
Estimated value excluding VAT: 750 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Lot No: 1Lot title: Legal Services

1)Short description

The Client wishes to appoint a single supplier to provide legal advice services on NPD schemes in Wales. It is anticipated that the first two schemes will be the A465 NPD scheme and the Velindre NHS Trust NPD scheme. It is likely that the first piece of work required under this Lot will be the development of the Standard Form Contract and associated documentation.Other schemes may become available during the lifetime of this framework. The Service required is the provision of a full range of legal services to Participating Organisations procuring infrastructure via an NPD or similar model. The current NPD classification review being undertaken by the ONS may require the nature of the Services provided under the framework to change during the term of the Framework Agreement and any subsequent Call-Off Contracts. This includes, but is not limited to, an infrastructure scheme starting as an NPD scheme but subsequently being restructured to follow a different funding model, or vice versa.
Advice will be required, but not limited to, the following areas: Document Preparation, Outline Business Case / Project Development, Pre-OJEU: Approval of project to pre-OJEU issue, OJEU: Short listing of bidders, Invitation to Participate in Dialogue (ITPD) and Invitation to Continue Dialogue (ITCD) with interim bid evaluation (if applicable), Issued for Tender (IFT) and IFT evaluation, Preferred Bidder: Contract Award, Post Contract Award.

2)Common procurement vocabulary (CPV)

79100000

3)Quantity or scope

Estimated 3000000.
Estimated value excluding VAT: 3 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

As set out in the Invitation to Tender (ITT).
The awarding authority reserves the right to request parent company and/or other guarantees of performance and financial liability.

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

As set out in the Invitation to Tender (ITT).
Payment terms will be indicated in the contract documents. Tenders to be priced in Sterling. Payment to be made in Sterling only.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
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: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.
(3) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(4) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.
(5) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.
(6) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established
(7) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please see information contained within the ITT.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Please see information contained within the ITT.
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

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Restricted

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

Envisaged number of operators: 6
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:

C309/2014/2015

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

Prior information notice

Notice number in the OJEU: 2015/S 87-157367 of 6.5.2015

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

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

20.7.2015 – 14:00

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

5.8.2015

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
VI.2)Information about European Union funds

VI.3)Additional information

E-TENDER INFORMATION:

https://etenderwales.bravosolution.co.uk

— The first person from your Organisation to use the Platform will be required to register on behalf of the Organisation.
— Registration involves accepting a User Agreement, and providing basic information about your Organisation and about the User performing the Registration.
— The User who performs the Registration becomes the Super User for the Organisation.
— On registering on the Platform the Super User will select a Username and will receive a password.
— The Password will be sent by e-mail to the email address that was specified in the User Details section of the Registration page.
— In order to log-in to the Platform please enter your Username and Password.
— Note: If you forget your Password then visit the homepage and click ‘Forgot your password?’
— Registration should only be performed once for each Organisation.
— If you think that someone in your Organisation may have already registered on this Platform then you must not register again.
— Please contact the person who Registered (i.e. the Super User) in order to arrange access to the Platform.
— Contact the Helpdesk immediately if you are unable to contact the Super User (for example if they have left your Organisation).
— Note: If your Organisation is already registered on the Platform then you must not make any additional registration. Please contact the Helpdesk to gain access to the Platform.
— Tenders must be uploaded to the BravoSolution portal by 2pm
HOW TO FIND THE PQQ:
— Once logged in you must click on ‘PQQ’s Open to all Suppliers’
— The etender references for this contract are: project_30377, pqq_31854
— Click on the title to access summary details of the contract. If you are still interested in submitting a tender, click the ‘Express an Interest button’.
— You will then see the full details of in the qualification and technical envelopes along with any relevant documents in the ‘Attachments’ area.
— Should you have any questions, please use the ‘Messages’ area to contact the buyer directly — Please do not contact the named person at the top of this notice.
Please note the inital Framework term is 2 years, with an option to extend for a further 12 months if required.
(WA Ref:28171)
Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:
Please see information contained within the ITT.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

17.6.2015

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