Management of Cultural Venues on Behalf of Cardiff Council

Management of Cultural Venues on Behalf of Cardiff Council

The City of Cardiff Council is therefore seeking proposals for the operation, management and maintenance of both of its venues with the aim of achieving significant reduction in subsidy within the first year of the contract and further reductions in years 2 and 3, and maintaining reductions thereafter.

United Kingdom-Cardiff: Recreational, cultural and sporting services

2014/S 242-426314

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Cardiff Council
County Hall, Atlantic Wharf
For the attention of: Lucy Williams
CF10 4UW Cardiff
UNITED KINGDOM
Telephone: +44 2920873588

Internet address(es):

General address of the contracting authority: http://www.cardiff.gov.uk/content.asp?parent_directory_id=2865

Address of the buyer profile: http://www.sell2wales.gov.uk/search/Search_AuthProfile.aspx?ID=AA0422

Electronic access to information: www.proactisplaza.com/supplierportal

Electronic submission of tenders and requests to participate: www.proactisplaza.com/supplierportal

Further information can be obtained from: The City of Cardiff Council
UNITED KINGDOM
Internet address: www.proactisplaza.com/supplierportal

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

Regional or local authority

I.3)Main activity

General public services
Recreation, culture and religion

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:

The CIty of Cardiff Council Sports, Leisure and Culture Services — Cultural Venues.

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: The City of Cardiff.

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)

Cardiff the Capital City of Wales, is home to St David’s Hall, which is the National Concert Hall and Conference Centre of Wales; and the New Theatre, a major component of the theatrical provision for not only Wales but for the UK as a whole. The City of Cardiff Council is renowned for its commitment to the presentation of quality productions at its venues and, with St David’s Hall, its significance to the overall serious music provision in Wales. The Council recognises that its venues play a fundamental part in ensuring that Cardiff residents are able to enjoy a range of differing artistic genres, styles and presentations of commercial and locally generated productions; and both play an integral part of providing a significant proportion of the overall live performance programme for Cardiff.
However, the Council is experiencing severe financial pressure on its non-statutory services. As a result it recognises the need to maximise the income potential from its portfolio and to minimise the need for any continuing subsidy whilst ideally keeping the whole of its portfolio open and available for public use.
The City of Cardiff Council is therefore seeking proposals for the operation, management and maintenance of both of its venues with the aim of achieving significant reduction in subsidy within the first year of the contract and further reductions in years 2 and 3, and maintaining reductions thereafter.
The Council is seeking bids for each of the venues. Whilst bidders may only be interested in bidding for one or either venue the Council is keen to encourage bidders to bid for both as it recognises efficiencies of scale may be an important factor in achieving the objectives of the procurement.
It is therefore the intention of the Council to utilise 3 lots for this procurement:
Lot 1 will be St David’s Hall;
Lot 2 will be New Theatre;
Lot 3 will be St David’s Hall and New Theatre.
The Council also intends to use a strategy of reducing the number of bidders being required to participate in the dialogue stages to maximise the efficiency of the process for all parties. The Council is therefore intending to take a maximum of 6 bidders through from PQQ into Competitive Dialogue; a maximum of four bidders to the detailed tender stage and a maximum of 2 bidders to Final Tender for Lot 1 and 2. For Lot 3 the Council is intending to take a maximum of 8 bidders through from PQQ into Competitive Dialogue; a maximum of 6 bidders to the detailed tender stage and a maximum of 4 bidders to Final Tender.
The contracts being procured are expected to be between 15 and 35 years in length. The Council wants to facilitate the ability for bidders to make bold investment decisions which they may consider necessary to achieve the significantly reduced subsidy position within the first 3 years. By adopting a longer term approach it is hoped that this will provide the comfort to bidders needing to be assured they have a sufficient operating term over which to amortise their investment.
Bidders are recommended to review the report to Cardiff’s Cabinet on the culture and leisure portfolio dated 15.5.2014. As the report makes clear, the procurement must achieve a significant financial improvement for the Council over the position that could be achieved by retaining the facilities with an enhanced in-house position (which will be the default position throughout the procurement process).
The Council is looking for proposals that offer long-term benefit and sustainability of each venue to the community of Cardiff and its surrounding areas, in addition to providing a varied arts and cultural performance programme and ensuring the continuation of the classical and serious music programme required to maintain St David’s Hall’s reputation and position as the National Concert Hall of Wales. The Council is committed to facilitating access for everyone to high quality productions and presentations and wishes to promote increased usage of the venues amongst all age groups and build on the work already undertaken by the in house Community and Education team.
The Council considers that this is a contract for Part B services under the Public Contracts Regulations 2006 as amended (‘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 as amended (‘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.
The Council reserves the right not to award the opportunity or to award only part of the opportunity described in this notice or to vary the final configuration and content of the opportunity.
Welsh Language Standards will be applicable throughout the term of the contract.

Note: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site athttp://www.sell2wales.gov.uk/Search/Search_Switch.aspx?ID=19833

II.1.6)Common procurement vocabulary (CPV)

92000000, 72514100, 79993000, 70332200, 92320000, 79952000

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 one or more 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 below figures are based on current income and expenditure budgets.
The period of the contract will be up to 35 years.
Estimated value excluding VAT:
Range: between 273 360 000 and 346 850 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The contract length will be up to 35 years.

II.2.3)Information about renewals

This contract is subject to renewal: no

II.3)Duration of the contract or time limit for completion

Duration in months: 420 (from the award of the contract)

Information about lots

Lot No: 1Lot title: SLC Cultural Services Lot 1 — St David’s Hall

1)Short description

The management and operation of St David’s Hall.

2)Common procurement vocabulary (CPV)

92000000, 72514100, 79993000, 70332200, 92320000, 79952000

3)Quantity or scope

The management and operation of St David’s Hall.
Estimated value excluding VAT:
Range: between 4 460 000 and 5 570 000 GBP

4)Indication about different date for duration of contract or starting/completion

Duration in months: 420 (from the award of the contract)

5)Additional information about lots

The above figures are based on current income and expenditure budgets.
The period of the contract will be in the region of 15-35 years.

Lot No: 2Lot title: SLC Cultural Services Lot 2 — New Theatre

1)Short description

The management and operation of the New Theatre.

2)Common procurement vocabulary (CPV)

92000000, 72514100, 79993000, 70332200, 92320000, 79952000

3)Quantity or scope

The management and operation of the New Theatre.
Estimated value excluding VAT:
Range: between 3 580 000 and 4 340 000 GBP

4)Indication about different date for duration of contract or starting/completion

Duration in months: 420 (from the award of the contract)

5)Additional information about lots

The above figures are based on current income and expenditure budgets.
The period of the contract will be in the region of 15-35 years.

Lot No: 3Lot title: SLC Cultural Services Lot 3 — St David’s Hall and New Theatre

1)Short description

The management and operation of St David’s Hall and New Theatre.

2)Common procurement vocabulary (CPV)

92000000, 72514100, 79993000, 70332200, 92320000, 79952000

3)Quantity or scope

The management and operation of St David’s Hall and New Theatre.
Estimated value excluding VAT:
Range: between 8 040 000 and 9 910 000 GBP
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

The above figures are based on current income and expenditure budgets.
The period of the contract will be in the region of 15-35 years.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

If analysis of your financial position shows that further measures are necessary to provide adequate assurance of your financial strength you will be expected to provide one of the following:
A parent company guarantee;
A performance guarantee bond;
Bank guarantee;
Advance payment bond.
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:

That in the case of a partnership or consortium or other group of more than one legal entity bidding together, the contract will be with either (1) all bidders on the basis of joint and several liability, or (2) with one or more of the parties acting as ‘prime contractor’ (and where more than one, on a joint and several liability basis). Where the contract is with a special purpose company with separate legal personality established for the project, the contracting authority will require sufficient guarantees to be given by participants in that company or their parents.

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 will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(6) 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.
(7) 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.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(2) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(1) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract.
(2) All candidates will be required to provide certification from an independent body attesting conformity to environmental management standards in accordance with the Community Eco-Management and Audit Scheme (EMAS); or the European standard BS EN ISO 14001.
(3) All candidates will be required to provide certification drawn up by an independent body attesting the compliance of the economic operator with quality assurance standards based on the relevant European standards.
(4) A statement of the principal goods sold or services provided by the supplier or the services provider in the past 3 years, detailing the dates on which the goods were sold or the services provided; the consideration received; the identity of the person to whom the goods were sold or the services were provided.
(5) A check may be carried out by the contracting authority or by a competent official body of the State in which the candidate is established, to verify the technical capacity of the candidate; and if relevant, on the candidates study and research facilities and quality control measures.
(6) A statement of the candidate’s technical facilities; measures for ensuring quality; and their study and research facilities.
(7) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
(8) A statement of the technicians or technical services available to the candidate to carry out the work under the contract; or be involved in the production of goods or the provision of services under the contract; particularly those responsible for quality control, whether or not they are independent of the candidate.
(9) A list of works carried out over the past 5 years, detailing the value of the consideration received; when and where the work or works were carried out; and whether they were carried out according to the rules of the trade or profession and properly completed.
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

competitive dialogue

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

Envisaged minimum number 4: and maximum number 6
Objective criteria for choosing the limited number of candidates: Pass/Fail questions and Quality Threshold of 40 per cent overall.
Envisaged maximum number of bidders for Lot 1 and 2-6
Envisaged maximum number of bidders for Lot 3-8.

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:

ERFX1000358

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

Prior information notice

Notice number in the OJEU: 2014/S 108-190218 of 6.6.2014

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

16.1.2015 – 12:00

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

12.2.2015

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

All Contractors who wish to participate must register and access the PQQ via the below portal: https://www.proactisplaza.com/supplierportal/?cid=cardiff

Steps to follow:
a) Click on link:

https://www.proactisplaza.com/supplierportal/?cid=cardiff

b) To register — Click on ‘Register Now’ button:
— Enter the information requested and click on the ‘Register’ button to start the process;
— An activation email will be sent to the email address of the primary contact;
— Click on the link contained in the email to activate your account;
— The supplier will then be asked to provide basic organisational information and register against the relevant CPV codes and select Cardiff Council as a buyer.
c) To access opportunity — Click on ‘Opportunities'(only have to log on to bid, can view opportunity without logging on).
— Once logged in click on Opportunities tab at the top of the page;
— Click on advanced search and a box will appear — in the buyer box type in Cardiff;
— Find opportunity and click on ‘view’.
You will be able to see the opportunity notice tab, Items tab (each Lot) and the documents tab.
Click on ‘Register Interest’.
d) To create a response — Click on ‘Request from Buyers’ within the opportunity tab:
— Select the opportunity that you have registered against;
— Select ‘Create a Response’;
— Run through the wizard to create a response.
e) To complete a response:
The response is made up of 5 tabs:
— General — This is where you can note any additional information for the buyer
— Item — This is where you will select the Lot/s you are not interested in
— Questionnaire — This is where you answer PQQ related to the procurement (please click on the’?’ whenever you see the symbol as this provides you with question specific information).
Question response types will vary between attachments, drop down list, numerical or text input.
Attachments — This is where you can attach any additional documents.
Reference Fields — not applicable.
Save you response regularly.
Helpful Hints and Tips — Please read.
Important: Please read this section before completing any questions.
— Read all instructions — Please ensure that you read and understand all the required instructions/actions and appropriate deadlines and any subsequent communication.
— Secure login — Please treat your Proactis portal logins securely. If you believe you have lost your password, please log on to the website and click ‘Forgotten Password’.
— Save regularly — For security reasons your access to the portal will ‘time out’ if inactive for 20 minutes if you do not click ‘save changes’ within this time. Failure to do so will mean you risk losing your work.
— You are able to save your response and come back to it at any time.
— Communication / Messages: To write or read any messages use the secure messaging to communicate with the Council and to seek clarification, this will provide an audit trail for all discussions and clarifications. Please click on the opportunity and click the ‘view messages’ button.
— Response time — Do not leave your response until the last minute or hours before the deadline. If you experience connection problems you will miss the deadline and your response may be deemed non-compliant and rejected. Always upload generic information early to avoid last minute time pressure.
— Attachment size — Size attachments should be no larger than 16 MB.
Please note depending on the time of day and internet traffic, the submission of large electronic files may take some time. The speed at which your submission is received will also depend on the size of the file and the internet bandwidth available to you.
Allow sufficient time when tendering electronically. As a general guide, a simple two page text file should take less than 30 seconds to transmit. A large file (i.e. 1 approaching 4 MB file size) may take several minutes to transmit.
ALL of the submission must be received prior to the submission deadline.
If your submission is part received when the deadline is reached, the submission will fail. As a general rule, if the transmission process has not completed within 10 minutes, it has been unsuccessful.
— Submitting responses — Please submit your response when completed. This will submit your response to the Council.
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Select Tools and then Compatibility View Settings.
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If you are experiencing technical difficulties with this site, then please ensure you are viewing the site via Internet Explorer 8, 9 or 10, or the latest versions of Safari, Firefox and Chrome.
(WA Ref:19833)
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 tender documents for more information.

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:

11.12.2014

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