Maintenance of Building Management System
The National Institute of Biological Standards and Control, a Centre of the Medicines and Healthcare Products Regulatory Agency, also referred to as the ‘Employer’, is looking to award a contract for the maintenance of its Trend/BMS systems.
United Kingdom-Potters Bar: Repair and maintenance services of building installations
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
Medicines and Healthcare Products Regulatory Agency
Contact point(s): Procurement
EN6 3QG Potters Bar
Telephone: +44 1707641000
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
Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting authority:
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: Blanche Lane, South Mimms, Potters Bar, EN6 3QG.
NUTS code UKH23
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Information on framework agreement
Duration of the framework agreement
Duration in years: 5
Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT: 350 000 GBP
II.1.5)Short description of the contract or purchase(s)
A single supplier is required to fulfil this service contract. This contract will consist of the following:
1.) To include the maintenance and servicing during SLA’s. (These are pre planned and dates must be adhered to see attached schedule for guidance).
2.) 20 additional days maintenance cover per annum to support on site BMS engineers as and when required.
3.) To provide Ad hoc training for new members of staff.
4.) The successful supplier will be the preferred contractor for all future project work and will be required to work under the direction of the lead contractor during these projects. Purchase orders for work will be raised a paid by the agency.
5.) The successful supplier will have an extensive understanding and experience of clean and CL3/CL4 biological service facilities.
6.) The successful supplier will have extensive understanding and experience of fumigation systems.
II.1.6)Common procurement vocabulary (CPV)
50700000, 48150000, 50700000
II.1.7)Information about Government Procurement Agreement (GPA)
II.3)Duration of the contract or time limit for completion
Section III: Legal, economic, financial and technical information
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.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
— conspiracy within the meaning of Section 1 or 1 A of the Criminal Law Act 1977(a) or Article 9 or 9 A 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(c);
— 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(e);
— the common law offence of bribery;
— ‘bribery within the meaning of Sections 1, 2 or 6 of the Bribery Act 2010(f) or Section 113 of the Representation of the People Act 1983(g);’
— ‘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 (h):
(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(i), the Theft Act (Northern Ireland) 1969(j), the Theft Act 1978(k) or the Theft (Northern Ireland) Order 1978(l),
(iv) fraudulent trading within the meaning of Section 458 of the Companies Act 1985(m), Article 451 of the Companies (Northern Ireland) Order 1986(n) or Section 993 of the Companies Act 2006(o),
(v) fraudulent evasion within the meaning of Section 170 of the Customs and Excise Management Act 1979(p) or Section 72 of the value added tax act 1994(q),
(vi) an offence in connection with taxation in the European Union within the meaning of Section 71 of the Criminal Justice Act 1993(r),
(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(s) or Section 19 of the Theft Act (Northern Ireland) 1969(t),
(viii) fraud within the meaning of Section 2, 3 or 4 of the Fraud Act 2006(u), 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;’
— ‘any offence listed—
(i) in section 41 of the Counter Terrorism Act 2008(a); or
(ii) in Schedule 2 to that Act where the court has determined that there is a terrorist connection;’
— any offence under sections 44 to 46 of the Serious Crime Act 2007(b) which relates to an offence covered by subparagraph (f);
money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002(c);
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(d) or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996(e);
— an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(f);
— an offence under section 59A of the Sexual Offences Act 2003(g);
— an offence under section 71 of the Coroners and Justice Act 2009(h);
— 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(i); or
— 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.’
‘Under the Public Contracts Regulations 2015 Regulations 57(3) an economic operator shall be excluded from participation in a procurement procedure where the following circumstances apply:
(a) 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.’
Exceptions may be considered if 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. Use this question to explain any answers of yes above.
The Authority is will exclude you from consideration if any of the following apply without good reason or explanation. 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:
— the economic operator is guilty of grave professional misconduct, which renders its integrity questionable,
— the economic operator has entered into agreements with other economic operators aimed at distorting competition;
‘where a conflict of interest within the meaning of Regulation 24 cannot be effectively remedied by other less intrusive measures.
(1) Contracting authorities shall take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators.
(2) For the purposes of Paragraph (1), the concept of conflicts of interest shall at least cover any situation where relevant staff members have directly or indirectly a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure.
(3) In paragraph (2), ‘relevant staff members’ means staff members of the contracting authority or of a procurement service provider acting on behalf of the contracting authority, who are involved in the conduct of the procurement procedure or may influence the outcome of that procedure; and ‘procurement service provider’ means a public or private body which offers ancillary purchasing activities on the market’; ‘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.
(1) Where a candidate or tenderer or an undertaking related to a candidate or tenderer,
(a) Has advised the Contracting Authority whether in the context of Regulation 40 or not, or
(b) Has otherwise been involved in the preparation of the procurement procedure, the Contracting Authority shall take appropriate measures to ensure that competition is not distorted by the participation of that candidate or tenderer.’
‘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.’
‘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
‘where the economic operator has —
(i) undertaken to —
(a) unduly influence the decision making process of the contracting authority, or
(b) 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.’
The agency reserves the right to use its discretion to exclude a supplier where it can demonstrate the Supplier’s nonpayment of taxes/social security contributions where no binding legal decision has been taken. This section only applies where the agency has indicated that the contract is over 5 000 000 GBP in value.
‘Occasion of Tax Non-compliance’ means:
(a) any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1.10.2012 is found to be incorrect as a result of:
1 — a Relevant Tax Authority successfully challenging the Supplier under the General Anti-abuse Rule or the Halifax Abuse Principle or under any tax rules or legislation that have an effect equivalent or similar to the General Anti-abuse Rule or the Halifax Abuse Principle;
2 — the failure of an avoidance scheme which the Supplier was involved in and which was or should have been notified to a Relevant Tax Authority under the DOTAS or any equivalent or similar regime; and/or
(b) the Supplier’s tax affairs give rise on or after 1.4.2013 to a criminal conviction in any jurisdiction for tax related offences which is not spent at the effective date or to a penalty for civil fraud or evasion.
III.2.2)Economic and financial ability
i) A copy of your audited accounts for the 2 most recent years,
ii) A statement of your turnover, profit and loss account and cash flow for the most recent year of trading,
iii) A statement of your cash flow forecast for the current year and a bank letter outlining the current cash and credit position,
iv) Alternative means of demonstrating financial status if trading for less than a year.
The agency may assess the past performance of a Supplier (through a Certificate of Performance provided by a Customer or other means of evidence). The authority may take into account any failure to discharge obligations under the previous principal relevant contracts of the Supplier. The agency may also assess whether specified minimum standards for reliability for such contracts are met. In addition, the agency may reassess reliability based on past performance at key stages in the procurement process (i.e. supplier selection, tender evaluation, contract award stage etc.). Suppliers may also be asked to update the evidence they provide in this section to reflect more recent performance on new or existing contracts (or to confirm that nothing has changed).
Section IV: Procedure
IV.1.1)Type of procedure
IV.2.2)Information about 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
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
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
Section VI: Complementary information
How to express interest in this tender:
1. Register your company on the e-Sourcing portal. (This is only required once).
— www.phe.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 ‘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 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 e-tendering help desk.
Please note this is a Medicines and Healthcare Products Regulatory Agency procurement, however the procurement is being run through Public Health Englands e-tendering portal.
VI.5)Date of dispatch of this notice: