Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting authority:
UK-Chester — Maintenance Contract for the Combined Heat and Power System.
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 1: Maintenance and repair services
Main site or location of works, place of delivery or of performance: The Countess of Chester Hospital NHS Foundation Trust, Countess of Chester Health Park, Liverpool Road, Chester CH2 1UL.
NUTS code UKD2
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)
In 2009 The Countess of Chester Hospital NHS Foundation Trust installed a Caterpillar G3516 EPG Standard (GAS00135) Combined Heat and Power (CHP) system to supplement the site power demands and heating requirements. The existing maintenance agreement needs to be reviewed, therefore the Trust is inviting tenders for the maintenance and service of the CHP system comprising genset and controls to deliver electricity and waste heat to the existing site services within the Hospital boiler-house.
The maintenance contract is now due for renewal and the Trust will be awarding a 3 year contract with the option to extend for a further 2 x 12 month periods. During the third year of the contract there will be a review period to allow both parties to consider continuing the contract based on fixed pricing with the option to extend for a further 2 12-month extensions.
II.1.6)Common procurement vocabulary (CPV)
II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
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:
II.2.2)Information about options
Description of these options: The contract will be awarded for a period of 3 years. There will be an option to extend the contract for up to a further 2 x 12 months.
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Duration in months: 36 (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:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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
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: Exclusion Grounds 57. —(1) Contracting authorities shall exclude an economic operator from participation in a procurement procedure where they have established, by verifying in accordance with regulations 59, 60 and 61, or are otherwise aware, that that economic operator has been convicted of any of the following offences:—(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977(a) or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983(b) where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime; b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(d) or section 1 of the Prevention of Corruption Act 1906; c) the common law offence of bribery; d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010, or section 113 of the Representation of the People Act 1983; e) where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities:—(i) the common law offence of cheating the Revenue; (ii) the common law offence of conspiracy to defraud; iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986(n) or section 993 of the Companies Act 2006; vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969; (viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or ix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act; f) any offence listed—(i) in section 41 of the Counter Terrorism Act 2008; or (ii) in Schedule 2 to that Act where the court has determined that there is a terrorist connection; g) any offence under sections 44 to 46 of the Serious Crime Act 2007(b) which relates to an offence covered by subparagraph (f); (h) money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002; (i) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996 (k) an offence under section 59A of the Sexual Offences Act 2003; (l) an offence under section 71 of the Coroners and Justice Act 2009; m) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or (n) any other offence within the meaning of Article 57(1) of the Public Contracts Directive—(i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or (ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland. 2) The obligation to exclude an economic operator also applies where the person convicted is a member of the administrative, management or supervisory body of that economic operator or has powers of representation, decision or control in the economic operator. Mandatory and discretionary exclusions for non-payment of taxes etc. 3) An economic operator shall be excluded from participation in a procurement procedure where—(a) the contracting authority is aware that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions; and (b) the breach has been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of the country in which it is established or with those of any of the jurisdictions of the United Kingdom. 4) Contracting authorities may exclude an economic operator from participation in a procurement procedure where the contracting authority can demonstrate by any appropriate means that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions. (5) Paragraphs (3) and (4) cease to apply when the economic operator has fulfilled its obligations by paying, or entering into a binding arrangement with a view to paying, the taxes or social security contributions due, including, where applicable, any interest accrued or fines. Exceptions to mandatory exclusion 6) A contracting authority may disregard any of the prohibitions imposed by paragraphs (1) to (3), on an exceptional basis, for overriding reasons relating to the public interest such as public health or protection of the environment. (7) A contracting authority may also disregard the prohibition imposed by paragraph (3) where an exclusion would be clearly disproportionate, in particular—(a) where only minor amounts of taxes or social security contributions are unpaid; or (b) where the economic operator was informed of the exact amount due following its breach of its obligations relating to the payment of taxes or social security contributions at such time that it did not have the possibility of fulfilling its obligations in a manner described in paragraph (5) before expiration of the deadline for requesting participation or, in open procedures, the deadline for submitting its tender. Discretionary exclusions 8) Contracting authorities may exclude from participation in a procurement procedure any economic operator in any of the following situations:—a) where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to in regulation 56(2); b) where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State; (c) where the contracting authority can demonstrate by appropriate means that the economic operator is guilty of grave professional misconduct, which renders its integrity questionable; d) where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition; e) where a conflict of interest within the meaning of regulation 24 cannot be effectively remedied by other, less intrusive, measures; f) where a distortion of competition from the prior involvement of the economic operator in the preparation of the procurement procedure, as referred to in regulation 41, cannot be remedied by other, less intrusive, measures; g) where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions; (h) where the economic operator—(i) has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or (ii) has withheld such information or is not able to submit supporting documents required under regulation 59; or (i) where the economic operator has—(i) undertaken to—(aa) unduly influence the decision-making process of the contracting authority, or (bb) obtain confidential information that may confer upon it undue advantages in the procurement procedure; or (ii) negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award. Exclusion during procedure (9) Contracting authorities shall exclude an economic operator where they become aware, at any time during a procurement procedure, that the economic operator is, in view of acts committed or omitted either before or during the procedure, in one of the situations referred to in paragraphs (1) to (3). (10) Contracting authorities may exclude an economic operator where they become aware, at any time during a procurement procedure, that the economic operator is, in view of acts committed or omitted either before or during the procedure, in one of the situations referred to in paragraphs (4) or (8). Duration of exclusion (11) In the cases referred to in paragraphs (1) to (3), the period during which the economic operator shall (subject to paragraphs (6), (7) and (14)) be excluded is 5 years from the date of the conviction. (12) In the cases referred to in paragraphs (4) and (8), the period during which the economic operator may (subject to paragraph (14)) be excluded is 3 years from the date of the relevant event. Self-cleaning (13) Any economic operator that is in one of the situations referred to in paragraph (1) or (8) may provide evidence to the effect that measures taken by the economic operator are sufficient to demonstrate its reliability despite the existence of a relevant ground for exclusion. (14) If the contracting authority considers such evidence to be sufficient, the economic operator concerned shall not be excluded from the procurement procedure. (15) For that purpose, the economic operator shall prove that it has—(a) paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct; (b) clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities; and (c) taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct. (16) The measures taken by the economic operator shall be evaluated taking into account the gravity and particular circumstances of the criminal offence or misconduct. (17) Where the contracting authority considers such measures to be insufficient, the contracting authority shall give the economic operator a statement of the reasons for that decision.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Information on Economic and Financial Capacity is requested within the Invitation to Tender.
The awarding authority draws you to the attention that included within the Invitation to Tender are the following Economic and Financial exclusion criteria:
Tenderers are required to upload a copy of their Dun & Bradstreet (D&B) Comprehensive Report (or equivalent) which includes the rating for financial strength and risk of business failure. This is a mandatory requirement. The report will be used by the Trust to determine whether there is any evidence indicating a moderate or high risk to the Trust that the Tenderer will be unable to provide the services required over the period of the contract. If any Tenderer is assessed as moderate or high risk, the Trust reserves the right to eliminate the Tenderer from further stages of the procurement process.
Banking Facilities and Loan Agreements
Tenderers are expected to be able to confirm that they have met the terms of their banking facilities and loan agreements (if any) during the past year.
Obligations to Pay Creditors
Tenderers are expected to be able to confirm that they have met all of their obligations to pay creditors and staff during the past year.
Information and formalities necessary for evaluating if the requirements are met:
The awarding authority draws your attention to that included in Appendix A are the following MANDATORY pre requisites. Tenderers that are unable to comply with these will be eliminated from the process and their offer will not be considered further:
Details are included below.
Tenderers are required to respond to Questions M01-M06 as included in Appendix 1.
M01. Scope of requirements (in/out)
Tenderers are required to confirm that they have the experience, capability and capacity to undertake a fully comprehensive and inclusive service and maintenance contract on the CHP Engine installed at the Awarding Authority’s premises.
The full scope of requirements is included within the Specification of Requirements (Schedule D of the Invitation to Tender Document).
Please note: if your response demonstrates that you are not able to meet any of the requirements, your bid will be considered non-compliant and excluded from the process.
M02 Exponential cost variation — resulting in early termination
Tenderers are required to confirm that they fully understand and accept the following clause:
If during the contract period (including any extension periods) the cost of gas/electricity fluctuates exponentially resulting in it no longer being economically viable for the Trust to continue running the CHP, the Trust reserve the right to shut the CHP down providing the successful tenderer with 2 months’ notice. The Trust will only be liable to pay the costs in association with the 2 months’ notice period; no other costs will be paid
M03. Run time hour requirements — payment and compensation
Tenderers are required to confirm that they fully understand and accept the following clauses:
The successful tenderer will be paid based on run time hours completed per annum. Invoices submitted at the beginning of each month shall be only for the operating hours completed during the previous month.
The successful tenderer will determine the run time hours achieved in each month by taking a run time hours completed meter reading, from the control panel of the CHP unit, this management information will also need to be sent to the Trust Building Service and Energy Engineer each month throughout the contract term.
Failure to meet the total available hours will also result in the successful tenderer paying the awarding authority a compensation rate based on: a per hour compensation rate for every hour under the annual target of 7884 hours (90 %)
Tenderers are required to confirm their acceptance of the compensation arrangements and basis for payment and that your organisation will accept payment monthly in arrears.
M04 Dedicated service manager to the contract (IN/OUT)
Tenderers are required to confirm that should their tender be successful that they will provide a dedicated service manager to the contract.
M05 (IN/OUT) Enrollment on gas safe register
Tenderers are required to confirm that their organisation is enrolled on the Gas Safe Register as gas engineers and is therefore deemed a member of a class of persons approved by the relevant health and safety enforcement agency, in accordance with current gas safety legislation in force.
M06 (IN/OUT) Acceptance of nhs terms and conditions
Tenderers are required to agree to carry out all contracts and/or other awards of business resulting from this procurement exercise in accordance with the NHS Terms and Conditions for the supply of service (contract version).
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
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
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: yes
Additional information about electronic auction: The Trust reserves the right to use an electronic auction.
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
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: 1.6.2015 – 14:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
1.6.2015 – 14:00
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
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
The contract is related to a project and/or programme financed by European Union funds: no
The Trust intends to use an eTendering system in this procurement exercise and reserves the right to use a reverse auction. All communications and bids must be made in whole through the eTendering system. Hardcopies will not be accepted.
The Trust does not wish to restrict innovative ideas, therefore additional products or services maybe included to the final agreement as long as this does not divert away from the original scope. 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://www.nhssourcing.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 ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) — Click on the relevant PQQ/ ITT to access the content. — Click the ‘Express Interest’ button at the top of the page. — This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) — You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender — Click ‘My Response’ under ‘PQQ/ ITT 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/ ITT — There may be a mixture of online & 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.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Countess of Chester Hospital NHS Foundation Trust will incorporate a standstill period at the point information on the award of the contract is communicated to tenderers. That notification will provide full information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.
The Public Contracts Regulations 2015 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).
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice: