Supply of E-Books and Audio Books

Supply of E-Books and Audio Books

Contract for the Provision of an e-books and e-audiobooks service for libraries.

United Kingdom-Huddersfield: Library, archives, museums and other cultural services

2016/S 099-176706

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

The Council of the Borough of Kirklees
Physical Resources and Procurement, Procurement, First Floor, Civic Centre III
Huddersfield
HD1 2TG
UNITED KINGDOM
Contact person: Elizabeth Emery
Telephone: +44 1484221000
E-mail: elizabeth.emery@kirklees.gov.uk
NUTS code: UKE43
Internet address(es):Main address: http://www.kirklees.gov.ukAddress of the buyer profile: http://www.yortender.co.uk
I.2)Joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: http://www.yortender.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://www.YORtender.co.uk
Tenders or requests to participate must be submitted to the abovementioned address

I.4)Type of the contracting authority

Regional or local authority

I.5)Main activity

General public services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Contract for the Provision of an e-books and e-audiobooks service for libraries.

Reference number: KMCCE-002

II.1.2)Main CPV code

92500000

II.1.3)Type of contract

Services

II.1.4)Short description:

The contracting authority is seeking to procure an e-books and e-audio books Service as part of our existing online Kirklees Library Services.

The Kirklees Library Service currently operates 24 libraries and a home library service covering a population of 422 458 and the contracting authority wishes to continue, with no break in service, providing an e-book offer, including an e-audiobook service. The contracting authority anticipates that one economic operator will be able to provide both elements from a single platform.

E-books will be borrowed virtually by library members and read/listened to on the widest possible range of players and mobile devices.

The Service will offer a wide range of items through a customer friendly, easy to navigate portal and format, providing after sales support to both library staff and customers.

II.1.5)Estimated total value

Value excluding VAT: 250 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: no
II.2)Description
II.2.1)Title:

II.2.2)Additional CPV code(s)

22113000
48160000
72212160
22000000
92500000
92510000
92511000

II.2.3)Place of performance

NUTS code: UKE43

II.2.4)Description of the procurement:

The contracting authority is seeking to procure an e-books and e-audio books Service as part of our existing online Kirklees Library Services.

The Kirklees Library Service currently operates 24 libraries and a home library service covering a population of 422 458 and the contracting authority wishes to continue, with no break in service, providing an e-book offer, including an e-audiobook service. The contracting authority anticipates that one economic operator will be able to provide both elements from a single platform.

The contracting authority is seeking to retain and expand its customer base for its e-book and e-audio service. The current customer base ranges from children to adults of all ages. With potential cuts to our physical library resources, the contracting authority seeks to encourage uptake of this Service to an even wider audience.

E-books will be borrowed virtually by library members and read/listened to on the widest possible range of players and mobile devices.

The Service will offer a wide range of items through a customer friendly, easy to navigate portal and format, providing after sales support to both library staff and customers.

Stock provided should reflect a wide range of available titles for our customers in the categories listed below, with a balance of titles between front and backlist and in both formats:

— Adult Fiction;

— Adult Non-Fiction;

— Young Adult;

— Children’s.

The catalogue should have at least approximately 250 000 e-books and at least approximately 5000 e-audiobook titles available, excluding titles from free sites such as (but not strictly limited to) Project Gutenberg and other titles available in the Public Domain.

The offering must include a wide selection of UK Publishers and titles at any one time. The proposed platform must be intuitive with easy to navigate tools alongside easy access to customer service.

The system must have a seamless integration into the Council’s current Library Management System (LMS) and catalogue for user authentication. We require an interface in real time with our LMS to authenticate borrowers. The e-book and e-audiobook provision should be designed to be compatible with any library management system. The Council currently uses Symphony LMS provided by Sirsi Dynix but this may change so compatibility with all systems is required. The provision is to use borrower number and PIN generated by Symphony for e-book account authentication. The e-books and e-audiobooks service availability should reflect the availability of the LMS.

E-book and/or e-audiobooks shall be available for all of the following operating systems, at minimum:

— Android OS Version 4.4 or above,

— Microsoft Windows Version 7 or above,

— Apple iOS Version 8.0 or above, and/or

— any other additional operating systems to be stated on the Supplier’s Submission Document.

The e-book/e-audio service must fully integrate within the main Online Public Access catalogue (http://kir.ent.sirsidynix.net.uk/client/en_GB/default/) in the LMS. Borrowers must be able to move seamlessly between the Online Public Access catalogue and the e-book site.

The Council requires a standard Council website header and footer, look and feel (Please see the ‘Council’s Minimum Specification’ for further branding details).

The Council requires their IT services to comply with the Equalities Act 2010. As a minimum, the solution must support Windows accessibility features.

The system needs to support the following web browsers:

— Chrome,

— Firefox,

— Opera,

— Safari, or

— Microsoft Edge.

At the very least, the system needs to support Microsoft Internet Explorer 9 or above, which is a mandatory requirement of the Council.

For further details, please refer to the ‘Council’s Minimum Specification’ published at the same time this Notice (available to download athttps://www.yortender.co.uk/ or available at the address set out in Sections I.1) and I.3) of this Notice).

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 250 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60
This contract is subject to renewal: yes
Description of renewals:

Contract Period 1.11.2016 — 31.10.2019 with the provision for 2 x 12 month extensions to 31.10.2021.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

This exercise is an Open Procedure in accordance with the requirements under Regulation 27 of the Public Contracts Regulations 2015 (SI 2015/102) for the purpose of procuring the Project described in the ‘Council’s Minimum Specification’. This specification is part of the procurement documentation that was published in relation to this Notice, and can be found at www.YORtender.co.uk

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation

III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

List and brief description of conditions:

In accordance with: (i) Article 57 and 59 to 61 of Directive 2014/24/EU; and (ii) Regulations 57-61 of the Public Contracts 2015, which require or permit the contracting authority not to select or to treat as ineligible, economic operators, the contracting authority reserves the right to exclude any Tenderer whom they deem to not satisfy any criteria outlined within the scoring matrices contained within the Pre-Qualification Questionnaire (‘PQQ’) within the Supplier Submission Document, which is available to download at https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

Information and formalities necessary for evaluating if requirements are met:

(1) Finance — See Section 5 of the PQQ (available to download at https:// www.yortender.co.uk/procontract/supplier.nsf or available at the address set out in Sections I.1) and I.3) of this Notice). Economic operators must submit at least one of the items of information asked for in Sections 5.1(a), (b), (c), or (d) of the PQQ to demonstrate their economic/financial standing. Economic operators must also confirm whether or not they are part of a wider group (e.g. a subsidiary of a holding/parent company), and if so must provide confirmation of: (a) the name of the organisation; and (b) the relationship to the economic operator completing the PQQ. The economic operator must also provide the parent/holding organisation’s company accounts (if available), and confirmation on whether or not this organisation would be willing to provide a guarantee if necessary, and if not would the economic operator be able to obtain a guarantee elsewhere (e.g. from a bank).

(2) Insurance — See Section 7(B) of the PQQ (available to download at (available to download at https://www.yortender.co.uk/procontract/supplier.nsf, or available at the address set out in Section I.1 or I.3 of this Notice). Economic operators are asked to self-certify whether they already have, or can commit to obtain, prior to the Effective Date of the Contract (which is anticipated to be 1 November 2016), the following levels of insurance cover: (a) Employer’s (Compulsory) Liability Insurance 10 000 000 GBP (in relation to any one claim or series of claims); and (b) Public Liability Insurance 10 000 000 GBP (in relation to any one claim or series of claims).

Minimum level(s) of standards possibly required:

(1) Finance — See Section 5 of the PQQ (available to download at: https:// www.yortender.co.uk/procontract/supplier.nsf or available at the address set out in Sections I.1) and I.3) of this Notice). Economic operators must supply one of the documents described in Sections 5.1 (a) to 5.1 (d) in order to demonstrate financial standing as required under this Section 5. Failure to supply any one of either Sections 5.1 (a) to 5.1 (d) may result in exclusion. Economic operators will either pass or fail on the basis of being financially viable for the Contract tendered for. The rationale applied will be that economic operators being able to demonstrate an annual turnover which is greater than twice the annual value of the proposed Contract. Further to Section II.1.5 of this Notice above, the anticipated value of the Services being procured by the Council this time is approximately 250 000.00 GBP over the initial 3 years of the Contract plus the two (2) x twelve (12) month extension periods. Therefore economic operators must demonstrate a minimum annual turnover of at least 500 000.00 GBP to Pass. In addition, any answers which leads the contracting authority, acting reasonably, to conclude (considering the risk that the relevant answer suggests about the Applicant’s ability to properly perform under the Contract) that it would be inappropriate to select the economic operator on this occasion will result in exclusion. Further, if the economic operator indicates in their response to Section 5.3 of the PQQ that their parent or holding company is prepared to guarantee the performance of their company, the information provided in response to Section 5.3 will be used in the financial assessment of the economic operator.

(2) Insurance — See Section 7(B) of the PQQ (available to download at: https:// www.yortender.co.uk/procontract/supplier.nsf or available at the address set out in Sections I.1) and I.3) of this Notice). Failure to indicate ‘Yes’ to any of the required insurances stated in Section III.1.2) above will result in exclusion.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

Economic operators are asked to provide evidence of relevant experience and references in accordance with the requirements set out within Section 6 of the PQQ (available to download at https://www.yortender.co.uk/procontract/supplier.nsf or available at the address set out in Sections I.1) and I.3) of this Notice). Economic operators must provide details of up to 3 contracts, in any combination from either the public or private sector, that are relevant to the contracting authority’s requirements (please refer to the ‘Council’s Minimum Specification’ found in the ‘Information and Instructions for Tenderers’ document (available to download at https://www.yortender.co.uk/procontract/supplier.nsf or available at the address set out in Sections I.1) and I.3) of this Notice)) and that have been performed during the past 3 years, and any named customer contact provided should be prepared to provide written evidence to the contracting authority to confirm the accuracy of the information provided. Consortia bids should provide relevant examples of where the consortium has delivered similar requirements; if this is not possible (e.g. the consortium is newly formed or a Special Purpose Vehicle (‘SPV’) will be created for this contract) then 3 separate examples should be provided between the principal member(s) of the proposed consortium or SPV (3 examples are not required from each member). Where the economic operator is a SPV, or a managing agent not intending to be the main provider of the supplies or services, the information requested should be provided in respect of the principal intended provider(s) or sub-contractor(s) who will deliver the supplies and Services. economic operators are asked to note that:

(i) If economic operators need to use more than one (1) example to demonstrate that they possess the relevant general technical expertise and professional experience, they may do so up to a maximum of 3 examples.

(ii) The contracting authority reserves the right to confirm the accuracy of any information provided in response to Section 6 with any named customer contact(s). Any replies from any named customer contact(s) which lead the contracting authority, acting reasonably, to doubt any significant representations made in the economic operator’s responses to Section 6 of the PQQ may result in exclusion.

If the economic operator cannot provide at least one (1) example for Sections 6 of the PQQ, then it must please provide an explanation for this in no more than five hundred (500) words (e.g. its organisation is a new start-up).

Minimum level(s) of standards possibly required:

See Section 6 of the PQQ (available to download at (available to download at https:// www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice). Responses to Section 6 of the PQQ will be scored as follows:

Pass — The economic operator has provided EITHER (i) at least one example of a previous contract that meets the minimum requirements set out in Section 6, and demonstrates to the reasonable satisfaction of the contracting authority that the economic operator possesses the relevant general technical expertise and professional experience to be entrusted with the Contract; OR (ii) a satisfactory reason as to why the economic operator is unable to provide any examples of previous contracts that are relevant to the contracting authority’s requirements under this procurement, and that meets the minimum requirements set out in Section 6.5.

Fail — The economic operator has either (i) failed to provide any examples of any previous contracts in response to Section 6 and has failed to provide a satisfactory reason as to why they were unable to provide any examples; or (ii) the examples given in response to Section 6 do not demonstrate to the reasonable satisfaction of the contracting authority that the economic operator possesses the relevant general technical expertise and professional experience to be entrusted with the Contract.

III.1.5)Information about reserved contracts

The contract is reserved to sheltered workshops and economic operators aiming at the social and professional integration of disabled or disadvantaged persons
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information

IV.2.1)Previous publication concerning this procedure

Notice number in the OJ S: 2016/S 049-080784

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 21/06/2016
Local time: 13:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 6 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 21/06/2016
Local time: 13:00
Place:

First Floor, Civic Centre III, Huddersfield HD1 2TG.

Information about authorised persons and opening procedure:

Representatives of Corporate Procurement and Audit.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used

VI.3)Additional information:

Provided that the Tender is submitted fully in accordance with the requirements set out within the “Council’s Minimum Specification” and the remaining sections of the Tender Documents, the Contract will be awarded on the basis of the most economically advantageous tender based on:

(i) Sixty per cent (60 %) Quality;

(ii) Forty per cent (40 %) Price.

Further specifics on the above Award Criteria can be found in the Tender Document published with this Notice.

Please note that Tenders will only be evaluated substantively once suitability of economic operators has been assessed in accordance with the PQQ, which will be marked on a pass or fail basis as detailed in the Supplier Submission Document. Economic operators who fail to pass the minimum Selection Criteria within the PQQ will be excluded from the process at this stage and their Tender Submission will NOT be subject to further evaluation. Economic operators found to be suitable by the Council will proceed to have their submissions evaluated using the Award Criteria and the Evaluation Model set out in the Tender Documentation.

Subject to the economic operators meeting the requirements set out within the Tender Documents, they will be contacted via the contracting authority’s electronic Tendering system website at https://yortender.co.uk (‘YORtender’) regarding their participation in the next stage of the procurement, the Clarification Demonstrations. This stage will only be used by the Council’s Evaluation Panel: (i) to moderate the written submissions received in response to Quality Method Statement Questions C5 and C7 (see Part C of the “Suppliers Submission Document”); AND (ii) to verify that the Tenderers’ Service meets those specific “Mandatory Requirements” under the “Council’s Minimum Specification” (see Part B of the “Suppliers Submission Document”).

For the purposes of this stage, all Tenderers will be required to provide the contracting authority with 1 of the following: (i) a guest log-in(s) to their site, platform, etc. for both customers/end users and administrators; or (ii) access to a test site, beta version, etc. of their proposed site, platform, etc. for both customers/end users and administrators.

Subject to any amendments made to the indicative timetable in the “Information and Instructions for Tenderers” document, the guest log-in(s) and/or access to a test site, beta version, etc. must be made available to the Council’s Evaluation Panel throughout the entire period commencing on 4.7.2016 and ending on 8.7.2016. Failure to do so will result in the economic operators Tender being rejected.

Once the Evaluation Panel has completed its assessment of all the economic operator’s responses in their Suppliers Submission Documents, the Council will first moderate the responses to Quality Method Statement Questions C5 and C7, which may result in an economic operator’s initial paper based score for those questions being adjusted upwards or downwards. Once this moderation stage is complete, and each economic operator’s final score has been determined by the evaluation panel, the contracting authority will then proceed to verify the specified “Mandatory Requirements” set out in Part B of the “Suppliers Submission Document”. Once the verification of the “Mandatory Requirements” is complete, the contracting authority will then de-brief the economic operators of its award decision, and will award the Contract following the completion of its 10 day Standstill Period. Should it transpire during this verification exercise that an economic operator cannot demonstrate to the reasonable satisfaction of the evaluation panel that their proposed solution complies with the specific” Mandatory Requirements”, the economic operator shall be deemed to have failed and their Tender submission will be excluded.

The Tender Documents are available to download at /www.yortender.co.uk

VI.4)Procedures for review

VI.4.1)Review body

N/A
N/A
UNITED KINGDOM
VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

In accordance with Regulation 86 (Notices of decisions to award a contract or conclude a framework agreement), Regulation 87 (Standstill periods) and Chapter 6 (Applications to Court) of the Public Contracts Regulations 2015 (SI 2015/102), the contracting authority will incorporate a minimum 10 calendar day standstill period at the point that information on the conclusion of the Contract is communicated to tenderers. This period allows any unsuccessful tenderer(s) to seek further debriefing from the contracting authority before the award of the Contract. Such additional information should be requested from the address at Sections I.1) and I.3) above. If an appeal regarding the award of the Contract has not been successfully resolved, then the Public Contracts Regulations 2015 (SI 2015/102) 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 started within 30 days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had arisen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than 3 months after that date. Where the Contract has not been awarded, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If however the Contract has been awarded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the Contract to be ineffective.

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

20/05/2016

 

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