Managed Leisure Services Tender Redcar

Managed Leisure Services Tender Redcar

Redcar and Cleveland Borough Council are seeking a partner with whom to enter into a contract for the management, operation and maintenance of the Council’s leisure facilities during the term of the contract.

UK-Redcar: sports facilities operation services

2012/S 84-138488

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Redcar and Cleveland Borough Council
Corporate Procurement, Redcar & Cleveland House, Kirkleatham Street
Contact point(s): Mrs Jane Turner
For the attention of: Mrs Jane Turner
TS10 1RT Redcar
UNITED KINGDOM
Telephone: +44 1642771258
E-mail: jane.turner@redcar-cleveland.gov.uk

Internet address(es):

General address of the contracting authority: www.redcar-cleveland.gov.uk

Further information can be obtained from: NEPO portal
Internet address: www.nepoportal.org

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: NEPO portal
Internet address: www.nepoportal.org

Tenders or requests to participate must be sent to: NEPO portal
Internet address: www.nepoportal.org

I.2)Type of the contracting authority
Regional or local authority
I.3)Main activity
General public services
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:
Managed Leisure Services.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 26: Recreational, cultural and sporting services
Main site or location of works, place of delivery or of performance: Redcar & Cleveland.
NUTS code UKC12
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)
Redcar & Cleveland Borough Council are seeking a partner with whom to enter into a contract for the management, operation and maintenance of the Council’s leisure facilities during the term of the contract.
The partner will be expected to promote and develop the leisure offer in the borough and to improve the quality of life for it’s residents by providing high quality facilities that are accessible to all.
It is expected that the successful partner will be required to manage the mobilisation, opening and commissioning of the leisure provision within Redcar Leisure & Community Heart facility.
The contract is expected to be for 20 years with a break clause and/or financial review exercisable by the Council every 5 years.
The council is minded to include the services currently provided by the Council’s Sports Development Unit as part of this contract, however such sports development services and the additional facilities will be open to consideration as part of the competitive dialogue.
The Council considers that this is a contract for part B services under the Public Contracts Regulations 2006 (‘the Regulations’) or a service concession contract that falls outside of the scope of the Regulations. Consequently this is a voluntary notice and the Council is not bound by many of the formalities of the Regulations and reserves the right to use such flexibilities in this procurement process.
It is expected that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) will apply to the award of this contract and that staff may transfer to an incoming provider. Bidders are expected to seek independent legal advice on the application of TUPE in these arrangements. Further details will be provided during the stages of this process.
II.1.6)Common procurement vocabulary (CPV)

92610000, 92000000, 92620000, 50700000, 79993000, 77314000, 75200000, 77320000, 72222300, 37400000, 55520000, 90911200

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:
The Council currently pays subsidy of 1 200 000 GBP per annum but would like to move to a position over the term of the contract where leisure provision is self sustaining whilst still providing a balanced programme of activity.
The subsidy figure shown does not take into account the leisure provision within the new Redcar Leisure & Community Heart facility which is currently under construction or the Council’s Sport Development Unit.
It also does not include current cost reduction intitatives to facilitate an improvement in the commercial viability of the contract.
Estimated value excluding VAT:
Range: between 24 000 000 and 40 000 000 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
The successful partner may be required as a condition of the contract to provide a guarantee bond and/or other form(s) of guarantee or security satisfactory to the Council in order to guarantee their satisfactory performance of the contract. Any bond or guarantee shall be capable of being enforced by the Council at anytime during the period of the Contract, and for a period of 3 months thereafter. The successful partner may also be required to provide a parent company guarantee in order to guarantee their satisfactory performance of the contract, either as an alternative to a guarantee bond or in addition thereto.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
The Management fee payment mechanism will be based around availability and performance standards of the specification and conditions of contract.
The provider will also have the opportunity to raise third party income in operation of the Leisure Facilities. However, target groups (such as people on benefits) will receive specific reductions in pricing. Further details will be provided in the invitation to tender documents.
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: yes
Description of particular conditions: Under this scheme the partner may be required to actively participate in the achievement of economic and/or social and/or environmental policy objectives.
Accordingly contract performance conditions may relate in particular to economic and/or social and/or environmental considerations.
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: Any supplier may be disqualified who:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: (a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;
(c) a statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information of these turnovers is available.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
(a) a list of the works carried out over the past 5 years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services provided in the past 3 years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given: – where the recipient was a contracting authority, in the form of certificates issues or countersigned by the competent authority, – where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator;
(c) an indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(d) a description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking’s study and research facilities;
(e) where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capabilities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) the educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) for public works contracts and public services contracts, and only in appropriate cases, and indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last 3 years;
(i) a statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contracts;
(j) an indication of the proportion of the contract which the services provider intends possibly to subcontract.
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
competitive dialogue
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 6
Objective criteria for choosing the limited number of candidates: As detailed in Pre-Qualification documentation.
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:
QTLE-8THET6
IV.3.2)Previous publication(s) concerning the same contract
no
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: 1.6.2012 – 17:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
6.6.2012 – 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
IV.3.8)Conditions for opening 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
VI.3)Additional information
This is a voluntary OJEU contract notice. This contract will be a service concession and is formally exempt under Regulation 6 of the Public Contract Regulations 2006 (as amended) but is procured in accordance with EU Treaty principles of openness, fairness, transparency and non-discrimination.
It is expected that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) will apply to the award of this contract and that staff may transfer to an incoming provider. Bidders are expected to seek independent legal advice on the application of TUPE in these arrangements. Further details will be provided during the stages of this process.
The Council reserves the right not to award the opportunity or to award only part (or a reconfigured version) of the opportunity described in this notice. The final specification and details of permitted variants will be made available to pre-qualified bidders at the invitation to dialogue stage.
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:26.4.2012

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