Superfast Broadband for Oxfordshire

Superfast Broadband for Oxfordshire

Oxfordshire County Council (OCC), the Contracting Authority, is seeking an innovative private sector partner to provide broadband infrastructure through long term arrangements (the OCC Contract) and separate frameworks for Participating Bodies (the Framework Agreement).

UK-Oxford: telecommunications services

2012/S 147-245798

Contract notice

Supplies

Directive 2004/18/EC

Section I: Contracting authority

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

Oxfordshire County Council
County Hall, New Road
For the attention of: Hugh Galliers
OX1 1ND Oxford
UNITED KINGDOM
Telephone: +44 1865323897
E-mail: hugh.galliers@oxfordshire.gov.uk

Internet address(es):

General address of the contracting authority: www.oxfordshire.gov.uk

Address of the buyer profile: www.businessportal.southeastiep.gov.uk

Electronic access to information: www.businessportal.southeastiep.gov.uk

Electronic submission of tenders and requests to participate: www.businessportal.southeastiep.gov.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
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: yes

As per pqq and tender documentation
UNITED KINGDOM

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Superfast Broadband for Oxfordshire.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
NUTS code UKJ14
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)
Oxfordshire County Council (OCC), the Contracting Authority, is seeking an innovative private sector partner to provide broadband infrastructure through long term arrangements (the OCC Contract) and separate frameworks for Participating Bodies (the Framework Agreement).
The partner will be required to provide both BDUK & Ofcom defined Superfast broadband with minimum speeds of 24Mbps and basic broadband with minimum speeds of 2Mbps. The Contracting Authority requires the partner to design, implement, operate and maintain this wholesale broadband infrastructure in order to provide wholesale broadband services to retail service providers, which in turn, would be able to provide services to business and residential consumers, including public sector organisations.
The provision of the wholesale broadband infrastructure will be targeted at those geographical areas (e.g. rural areas) of Oxfordshire where the market is failing to provide wholesale broadband infrastructure (termed White areas and more fully defined in section VI.3). The partner will therefore be required to implement wholesale broadband infrastructure in those areas of Oxfordshire where there is no market presence now or expected over the next three years. This will require a comprehensive, and flexible, prioritisation process allowing OCC, during the lifetime of the project, to adjust the priority of locations across the county in order to maximise the coverage and efficiency of the programme.
In addition, OCC requires that a number of OCC specified sites that are not sufficiently addressed through the provision of BDUK & Ofcom defined Superfast broadband are provided with alternative infrastructure to facilitate site specific broadband infrastructure.
The requirements have been grouped into the following lots:
Lot 1(a):
Provision of open access infrastructure to facilitate BDUK & Ofcom defined Superfast broadband and basic broadband access to Oxfordshire. The infrastructure will cover the White areas, as defined by the European Commission, providing 90 % coverage to BDUK & Ofcom defined Superfast speeds and the remaining 10 % to basic broadband speeds by December 2015.
The procurement will include a comprehensive, and flexible, prioritisation process allowing OCC, during the lifetime of the project, to adjust the priority of locations across the county in order to maximise the coverage and efficiency of the programme.
Lot 1(b):
Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide BDUK & Ofcom defined Superfast broadband into White areas not being addressed by OCC.
Lot 2 (a):
Provision of site specific broadband infrastructure to replace existing edge site network connectivity at OCC specified sites only. These sites will be identified during the OCC prioritisation process and will not have been sufficiently addressed through the delivery of Lot 1.
Lot 2 (b):
Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide site specific broadband infrastructure to their sites not being addressed by OCC.
The Contracting Authority reserves the right to withdraw some of the Lots. Applicants may bid for one or both lots.
The Contracting Authority anticipates Lot 1(a) and Lot 2(a) to be contracted directly with OCC under two separate contracts. In addition separate Framework Agreements for Lot 1(b) and Lot 2(b) will be provided to enable call offs by Participating Bodies.
The direct contract between the partner and OCC for Lot 1(a) for the development of the wholesale broadband infrastructure will be supported through the provision of public funding through the Broadband Development UK (BDUK) programme and by OCC itself. The use of public funding in this way means that State Aid considerations will apply, including:
The specification of requirement is output based and technology neutral (favouring neither active nor passive infrastructure).
The partner will be expected to offer wholesale services to other retail service providers on a transparent and non-discriminatory basis for at least 7 years.
The contract will include a claw-back mechanism to reinvest any excess subsidy for further broadband roll out and include reporting obligations in order to account for sensitivity to take up rate, deployment cost and non broadband product revenue.
The contract will incorporate a benchmarking mechanism to ensure that prices offered by the supplier are controlled in line with the market.
Where possible, the partner will be expected to make use of existing infrastructure.
The National Regulatory Authority Ofcom will be consulted and updated as the project develops.
The partner will be expected to own and manage the risks associated with developing and operating a wholesale broadband network, including but not limited to take up risk.
Despite the use of public funding, the Contracting Authority anticipates that to meet its requirements the partner may also need to make a financial contribution and the Contracting Authority wishes to explore through this procurement the best way for this contribution to be made.
It is anticipated that the partner will need to deliver the services from March 2013. Further details are set out in the Pre-Qualification Questionnaire (Information Document).
The scope of work encompassed under the Framework Agreements remains the same as the OCC Contracts. The Participating Bodies (i.e. the only bodies entitled to enter into call off contracts under the relevant Framework Agreement) are set out below:
The district councils and borough councils in Oxfordshire which are Oxford City Council, Cherwell District Council, South Oxfordshire District Council, Vale of White Horse District Council and West Oxfordshire District Council.
All parish councils in Oxfordshire (details of which can be found at: http://mycouncilpages.oxfordshire.gov.uk/mgParishCouncilDetails.aspx?LS=17&SLS=4&bcr=1.).

All maintained schools in Oxfordshire (including voluntary controlled and voluntary aided schools), free schools, academies, further education colleges (which are Oxford and Cherwell Valley College, Abingdon and Witney College, The Henley College), Oxford University and Oxford Brookes University.
Thames Valley Police, all NHS Bodies in Oxfordshire and all other contracting authorities under the public contracts regulations 2006.
The Contracting Authority is acting as a central purchasing body through which the Participating Bodies may wish to procure substantially similar services to those included in the OCC Contract under a separate framework agreement but without any obligation on the Participating Bodies to participate. Accordingly it is the intention that the Participating Bodies should be able to rely on this procurement to purchase such services without the need for any further procurement process.
The duration of an individual call-off contract under any Framework Agreement will not necessarily be limited to 4 years but will be governed by the subject matter of the call-off contract concerned. The form of the call-off contract will be agreed during the current procurement process subject to the right to make specific amendments in respect of an individual call-off.
It should also be noted that in the event of restructuring within local government and/or the wider public sector that this procurement and / or the OCC Contracts and any Framework Agreement awarded will pass to successor authorities to the Contracting Authority or any of the Participating Bodies that are public sector bodies, local authorities or state-funded schools.
No guarantee or warranty is given as to the nature or volume, if any, of the services or the number of calloffs, if any, under any Framework Agreement.
The Contracting Authority reserves the right to award only one of the OCC Contracts, and also reserves the right not to award any Framework Agreement or alternatively to award the OCC Contracts and any Framework Agreement at different stages of the procurement process.
Bidders should note that post contract award the scope of the contract may be subject to minor variations to cater for urgent and/or unforeseen additional works/services falling within the core requirements and identified elsewhere in this notice.

II.1.6)Common procurement vocabulary (CPV)

64200000, 32400000, 32500000, 50300000, 51300000, 71316000, 72200000, 72300000, 45230000, 45314000, 48200000, 48500000, 72700000, 72400000

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 scope of this procurement is described in Part II.1.5 of this OJEU Notice (Short Description of this Contract) and further detailed in the Pre-Qualification Questionnaire document.
Lot 1 has a total value range of 15 000 000 GBP – 40 000 000 GBP, Lot 2 has a total value range of 3 000 000 GBP – 10 000 000 GBP.
The contract term for the OCC Lot 1(a) direct contract is envisaged to be for up to 10 years with an option exercisable by the Contracting Authority to extend in accordance with the State-Aid requirements.
The contract term for the OCC Lot 1(b) Framework Agreement is for a maximum period of 4 years.
The contract term for the OCC Lot 2(a) direct contract is 5 years.
The contract term for the OCC Lot 2(b) Framework Agreement is for a maximum period of 4 years.
Estimated value excluding VAT:
Range: between 18 000 000 and 50 000 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: The contract term for the OCC Lot 1(a) direct contract is envisaged to be for up to ten years with an option exercisable by the Contracting Authority to extend in accordance with the State-Aid requirements.
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: 120 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: BDUK & Ofcom defined Superfast Broadband and Basic Broadband Infrastructure for White Areas

1)Short description
Lot 1(a):
Provision of open access infrastructure to facilitate BDUK & Ofcom defined Superfast broadband and basic broadband access to Oxfordshire. The infrastructure will cover the White areas, as defined by the European Commission, providing 90 % coverage to BDUK & Ofcom defined Superfast broadband speeds and the remaining 10 % to basic broadband speeds by December 2015.
The procurement will include a comprehensive, and flexible, prioritisation process allowing OCC, during the lifetime of the project, to adjust the priority of locations across the county in order to maximise the coverage and efficiency of the programme.
Lot 1(b):
Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide BDUK & Ofcom defined Superfast broadband into White areas not being addressed by OCC.
2)Common procurement vocabulary (CPV)

64200000, 32400000, 32500000, 50300000, 51300000, 72200000, 72300000, 45230000, 48200000, 48500000, 72700000, 72400000, 71316000

3)Quantity or scope
Estimated value excluding VAT:
Range: between 15 000 000 and 40 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
The White areas are defined by European Commissions Broadband Guidelines as areas where BDUK & Ofcom defined Superfast broadband networks do not at present exist and where they are not likely to be built and be fully operational in the coming three years by private investors.
Lot No: 2 Lot title: Site Specific broadband infrastructure for Oxfordshire
1)Short description
Lot 2(a):
Provision of site specific broadband infrastructure to replace existing edge site network connectivity at OCC specified sites only. These sites will be identified during the OCC prioritisation process and will not have been sufficiently addressed through the delivery of Lot 1.
Lot 2(b):
Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide site specific broadband infrastructure to their sites not being addressed by OCC.
2)Common procurement vocabulary (CPV)

64200000, 32400000, 32500000, 50300000, 51300000, 71316000, 72200000, 72300000, 45230000, 48200000, 48500000, 72700000, 72400000

3)Quantity or scope
Estimated value excluding VAT:
Range: between 3 000 000 and 10 000 000 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:
Parent company guarantees, deposits, bonds or other forms of appropriate security may be required for the OCC Contracts and any Framework Agreement. Further details will be included in the tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
These will be set out in the tender documents and be developed through the competitive dialogue process.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The Contracting Authority will require the OCC Contracts and any Framework Agreement to be with a legal entity. It reserves the right to require groupings of contractors to take a particular legal form or to require a single contractor to take primary liability. Members of any consortium shall be jointly and severally liable. Legal bodies shall be companies or partnerships. The model for the delivery vehicle will be developed through the competitive dialogue process.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: As set out in the Pre-Qualification Questionnaire.
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: As set out in the Pre-Qualification Questionnaire.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: As per the pre-qualification questionnaire.
Minimum level(s) of standards possibly required: As per the pre-qualification questionnaire.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
As set out in the Pre-Qualification Questionnaire.
Minimum level(s) of standards possibly required:
As set out in the Pre-Qualification Questionnaire.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
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: no

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 5
Objective criteria for choosing the limited number of candidates: As set out in the Pre-Qualification Questionnaire.
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:
CPU 673
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2012/S 100-166206 of 26.5.2012

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
3.9.2012 – 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
Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
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
1. The Contracting Authority is seeking to award the OCC Contract for the periods stated in section II.2.1 and the Framework Agreement for the periods stated in section II.1.4. The Contracting Authority reserves the right to award only one of the OCC Contracts, and also reserves the right not to award any Framework Agreement, or alternatively to award the OCC Contracts and any Framework Agreement at different stages of the procurement process. The Contracting Authority also reserves the right to withdraw some of the lots. The duration of any individual call-off contract under any Framework Agreement will not necessarily be limited to the period stated in section II.1.4 but will be governed by the subject matter of the call-off contract concerned.
2. It is for those invited to participate in dialogue to satisfy themselves as to the position but it is the initial view of the Contracting Authority that the Transfer of Undertakings (Protection of Employment) Regulations 2006 will not apply to the OCC Contract and potentially any call-off agreements let under the terms of any Framework Agreement.
3. The Pre-Qualification Questionnaire and Initial Descriptive Document will be sent to all persons expressing an interest to the address in section I.1 within the time stipulated as below.
4. Requests to participate must be by way of completion and return of the Pre-Qualification Questionnaire by the date and time specified in IV.3.4. For this particular tender please read and follow the instructions below carefully.
5. The tender process will be conducted via the Contracting Authorities e-tendering system https://www.businessportal.southeastiep.gov.uk, submitted documents can be in any Microsoft format. Bidders should be aware that it is intended to make the Pre-Qualification Questionnaire available through this system on Friday 3.8.2012.

6. The White areas are defined by European Commissions Broadband Guidelines as areas where BDUK & Ofcom defined Superfast broadband networks do not at present exist and where they are not likely to be built and be fully operational in the coming 3 years by private investors.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

see VI.4.2
UNITED KINGDOM

Body responsible for mediation procedures

see VI.4.2
UNITED KINGDOM

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a minimum 10 calendar day standstill periods at the point information on the award of the contract is communicated to tenderers.
If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5) (as amended) 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). Any such action must be brought generally within 30 days. Where a contract has not been entered into, the Court may award the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the court may render it ineffective and set it aside or award damages (the purpose of the standstill period referred to above is to allow parties to apply to the Court before the contract is entered into).
VI.4.3)Service from which information about the lodging of appeals may be obtained

see VI.4.2
UNITED KINGDOM

VI.5)Date of dispatch of this notice:1.8.2012

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