Technology Partner for ICT Delivery

Technology Partner for ICT Delivery

Sunderland City Council is seeking to appoint a Technology Partner and to establish with the Technology Partner an alternative service delivery model for ICT and Technology for both the Authority and the City of Sunderland.

United Kingdom-Sunderland: IT services: consulting, software development, Internet and support

2015/S 204-370913

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

The Council of the City of Sunderland
Civic Centre, Burdon Road
For the attention of: Kevin Marshall
SR2 7DN Sunderland
UNITED KINGDOM
Telephone: +44 1915611088
E-mail: kevin.marshall@sunderland.gov.uk
Fax: +44 1915531090

Internet address(es):

General address of the contracting authority: http://www.sunderland.gov.uk

Electronic access to information: http://www.qtegov.com

Electronic submission of tenders and requests to participate: http://www.qtegov.com

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

The University of Sunderland
City Campus, Chester Road, Sunderland, Tyne and Wear
SR1 3SD Sunderland
UNITED KINGDOM

Tyne and Wear Fire and Rescue Authority
Service HQ, Nissan Way, Sunderland, Tyne and Wear
SR5 3QY Sunderland
UNITED KINGDOM

Sunderland BID ltd
Software Centre, Tavistock Place, Sunderland, Tyne and Wear
SR5 3QY Sunderland
UNITED KINGDOM

NHS Sunderland Clinical Commissioning Group
Pemberton House, Colima Avenue, Sunderland, Tyne and Wear
SR5 3XB Sunderland
UNITED KINGDOM

Northumbria Police and Crime Commissioner
North Road, Ponteland
NE20 0BL Newcastle upon Tyne
UNITED KINGDOM

South Tyneside Borough Council
Town hall & Civic Offices, Westoe Road, South Shields, Tyne and Wear
NE33 2RL South Shields
UNITED KINGDOM

City of Sunderland College
Bede Centre, Durham Road, Sunderland, Tyne and Wear
SR3 4AH Sunderland
UNITED KINGDOM

Gentoo Group Limited
Emperor House, 2 Emperor Way, Sunderland, Tyne and Wear
SR3 3XR Sunderland
UNITED KINGDOM

Sunderland Live Limited
Civic Centre, Burdon Road, Sunderland, Tyne & Wear
SR2 7DN Sunderland
UNITED KINGDOM

Sunderland Care and Support Limited
Civic Centre, Burdon Road, Sunderland, Tyne and Wear
SR2 7DN Sunderland
UNITED KINGDOM

Tyne and Wear Passenger Transport Executive
Nexus House, St James Boulevard, Newcastle upon Tyne, Tyne & Wear
NE1 4AX Newcastle
UNITED KINGDOM

North East Business and Innovation Centre
Wearfield, Enterprise Park East
SR5 2TA Sunderland
UNITED KINGDOM

The Durham, Gateshead, Newcastle upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority
Quadrant, Cobalt Business Park, the Silverlink North, North Tyneside, Tyne and Wear
NE27 0BY Wallsend
UNITED KINGDOM

South Tyneside NHS Foundation Trust
Harton Lane
NE34 0PL South Shields
UNITED KINGDOM

City Hospitals Sunderland NHS Foundation Trust
Kayll Road
SR4 7TP Sunderland
UNITED KINGDOM

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

The appointment of a Technology Partner and the establishment of an Alternative Service Delivery Model (‘ASDM’) for ICT and Technology in Sunderland (and potentially the wider North East Region).

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 7: Computer and related services
Main site or location of works, place of delivery or of performance: Administrative area of Sunderland (and potentially the wider North East region).

NUTS code UKC

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with a single operator

Duration of the framework agreement

Duration in years: 10
Justification for a framework agreement, the duration of which exceeds four years: Please see Additional Information Section VI.3 which sets out the exceptional circumstances which justify the longer framework term in this case.

II.1.5)Short description of the contract or purchase(s)

Sunderland City Council (‘the Authority’) is seeking to appoint a Technology Partner and to establish with the Technology Partner an alternative service delivery model for ICT and Technology for both the Authority and the City of Sunderland (‘the City’) ( and potentially the wider North East region). A core objective of the project is to contribute to and/or promote the City’s key priorities of improving economic growth and wealth, education and skills and health and well-being within the City (‘the City Priorities’) through the innovative use of technology and data.
This opportunity comprises:
(a) the award of a public contract by the Authority (‘the Partnering Agreement’) on behalf of the Authority and the contracting authorities listed in Group A in Section VI.3; and
(b) the establishment of a framework agreement (‘the Framework Agreement’) on behalf of the Authority and the contracting authorities listed in Group A and Group B in Section VI.3,
in each case to the Technology Partner. Please note that at Section II.1.3 it is not possible to select both a public contract and a framework and this Section II.1.5 explains the scope of both of these outputs under this procurement.
It is anticipated that the Technology Partner shall provide through the proposed Partnering Agreement the following services and business cases described in paragraphs (i) to (iv) below:
(i) the provision of ICT and related services (including (without limitation) technical and professional advice and support) to the Authority and the contracting authorities listed in Group A in Section VI.3;
(ii) the full transformation of the Authority’s ICT services to ensure they are scalable and on-demand, flexible and agile, consolidated, cost-effective and financially efficient and transparent in order to meet the future business needs and demands of the Authority and any of the contracting authorities listed in Group A in Section VI.3;
(iii) the design, development and (where agreed) delivery of a pipeline of innovation business cases through the application of technology and data in collaboration with, and on behalf of, both the Authority and other contracting authorities listed under Group A and /or Group B in Section VI.3 in order to contribute to and/or promote the City Priorities and to establish a reusable and sustainable blueprint which recognises the integral people, process, technology and data components, unlocks the untapped potential of the City of Sunderland and its communities and harnesses the collective will of the Authority, the Eco-system Partners (as defined in the Partnering Agreement) and their assets, as further described in the Partnering Agreement (the ‘City Blueprint’); and
(iv) the design and implementation of a model in order to establish a City Thought and Action Leadership Capability (‘CTALC’) to be hosted by the Authority which will facilitate collaboration between the Eco-system Partners in respect of technology and data and to oversee the design, approval and delivery of the innovative technology business cases and solutions in order to meet the City Priorities and the future requirements of the City (and potentially the wider North East region). Following implementation of the CTALC, the Technology Partner will provide ongoing professional advice and support to the CTALC function, including (without limitation) enterprise architecture and business analysis.
It is anticipated that the Technology Partner shall provide by way of call off orders through the proposed Framework Agreement the following:
(v) the potential provision of ICT and related services as described in paragraph (i) above and the transformed ICT services, as described in paragraph (ii) above by way of direct call off by a contracting authority listed in Group A in Section VI.3 (including for the avoidance of doubt any new entities that are created in the future as a result of the externalisation and ‘spin out’ of any part of the Authority’s existing services and functions). It is envisaged that the specification and Technology Partner’s solution in respect of both the ICT and related services and the transformed ICT services under the Partnering Agreement will also form a schedule to the Framework Agreement to facilitate these call-off orders;
(vi) the potential provision from a catalogue of ICT related supplies and/or ICT related technical and professional advice and support (whether individually or as part of a package of supplies and services) by way of call off orders placed by any of the contracting authorities listed in Group A and/or Group B in Section VI.3; and
(vii) the potential provision (by way of call off orders placed by any of the contracting authorities listed in Group A and/or Group B in Section VI.3) of the outputs and/or delivery of innovation business cases designed and developed by the Technology Partner as described in paragraph (iii) above.
Further information regarding this opportunity is provided in the accompanying Memorandum of Information (MOI) which is referred to in section VI.3.

II.1.6)Common procurement vocabulary (CPV)

72000000, 30000000, 42960000, 48000000, 50300000, 51300000, 51600000, 64000000, 73000000, 80500000

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: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The estimated total financial value of both the partnering agreement and the framework agreement is between 30 000 000 GBP to 500 000 000 GBP. The reasons for this range are due to a number of factors and variables, including:
(i) The significant opportunities presented by technology innovation to address the City Priorities and public sector challenges.
(ii) The potential bidding opportunities for third party funding for technology innovation projects; and
(iii) Reasonable assumptions regarding the potential technology spend for services and/or supplies which may be purchased by the Authority and/or the contracting authorities listed in Group A and/or Group B in Section VI.3 under the Framework Agreement.
Estimated value excluding VAT:
Range: between 30 000 000 and 500 000 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The proposed partnering agreement will have an initial term of 6 years with a right for the Authority to extend for up to 4 years, an overall maximum duration of 10 years. The proposed framework agreement will be for a maximum period of 10 years but will be coterminous with the partnering agreement. Call off orders placed under the framework agreement may have an expiry date which occurs after the expiry of the framework agreement.

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)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

The Authority reserves the right to require guarantees and/or other forms of appropriate security in relation to the proposed contracts. Further details are provided in the tender documents.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The financing conditions and payment arrangements will be set out in the tender documents. The currency of the proposed contracts shall be UK Pound Sterling.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Authority reserves the right to require groupings of contractors to take a particular legal form or to require a single contractor to take primary liability or to require that each party undertakes joint and several liability for performance of the contracts.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The Technology Partner will be required to actively participate in the promotion and achievement of economic and/or social objectives and benefits in order to contribute to and/or promote the City Priorities. This will include (without limitation) apprenticeship programmes, recruitment and training commitments, the promotion of digital inclusion and use of technology with schools, academies and local communities and supply chain initiatives and opportunities for small to medium sized enterprises (SMEs). Accordingly, some contract performance conditions relate in particular to social and other corporate social responsibility considerations. Further details are provided in the tender documents.
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: In accordance with Articles 57 and 58 of Directive 2014/24/EC and Regulations 57 and 58 of the Public Contracts Regulations 2015. Applicants will be assessed in accordance with Regulation 56 of the Public Contracts Regulations 2015 on the basis of the Information provided in response to the pre-qualification questionnaire (PQQ).
Applicants must submit a completed PQQ in accordance with the requirements set out in the PQQ by the deadline set out in Section IV.3.4 in order to express an interest in this opportunity.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Applicants will be assessed in accordance with Article 58 of Directive 2014/24/EC and Regulation 58 of the Public Contracts Regulations 2015.
Applicants must submit a completed PQQ in accordance with the requirements set out in the PQQ by the deadline set out in Section IV.3.4 in order to express an interest in this opportunity.
The Authority expressly reserves the right to require an Applicant to provide additional information supplementing or clarifying any of the information provided in response to the requests set out in the PQQ.
Minimum level(s) of standards possibly required: Minimum levels of economic and financial standing are set out in full in the PQQ.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Applicants will be assessed in accordance with Article 58 of Directive 2014/24/EC and Regulation 58 of the Public Contracts Regulations 2015.
Applicants must supply a list of all relevant principal contracts (as defined in the PQQ) performed in the previous 3 years.
Applicants must also provide Performance Certificates in accordance with the requirements set out in the PQQ for each relevant principal contract which confirms in each case whether or not the contract has been, or is being, satisfactorily performed in accordance with its terms.
Where an Applicant proposes to rely on other entities (including sub-contractors or consortium members) to perform the contracts, the Applicant must describe the function that each such entity will perform under the contracts and also provide the information required above in relation to each entity too.
Applicants must submit a completed PQQ in accordance with the requirements set out in the PQQ by the deadline set out in Section IV.3.4 in order to express an interest in this opportunity.
The Authority expressly reserves the right to require an Applicant to provide additional information supplementing or clarifying any of the information provided in response to the requests set out in the PQQ.
Minimum level(s) of standards possibly required:
Any Applicant must meet the selection criterion in relation to reliability based on past performance as specified in the PQQ.
Where the Applicant proposes to rely on other entities (including sub-contractors or consortium members) to perform the contract, then the selection criteria for reliability must also be met by each entity.
The Authority will assess whether or not the criterion is satisfied at selection stage and reserves the right to re-assess it is satisfied at any time during the procurement process (including without limitation prior to contract award).
Minimum levels of technical capacity are set out in full in the PQQ.
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: 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 5: and maximum number 7
Objective criteria for choosing the limited number of candidates: The objective criteria for the selection of candidates are set out in the PQQ.

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:

A2ND – LN76P4

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

Prior information notice

Notice number in the OJEU: 2015/S 99-179971 of 23.5.2015

Other previous publications

Notice number in the OJEU: 2015/S 133-245589 of 14.7.2015

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

20.11.2015 – 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 of tenders

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: yes
Reference to project(s) and/or programme(s): Future call-off contracts that may be awarded under the Framework Agreement may be subject to 3rd party funding including (without limitation) European Union (EU) funds. However at this stage no EU funding has been secured.

VI.3)Additional information

Expressions of interest must be by way of completion and return of the PQQ by the date and time specified in Section IV.3.4. Economic operators who wish to participate may obtain the PQQ, the accompanying Memorandum of Information (MOI) and other supporting procurement documents from the NEPO portal at ‘www.nepoportal.org’ Tender Reference A2ND — LN76P4. Please note that economic operators will firstly need to register for free through the NEPO portal and obtain log-in details in order to access the documents.

The Authority reserves the right not to award the contract and/or framework agreement in whole or part, to cancel or amend the procurement process and does not bind itself to accept any tender. The Authority shall not be liable under any circumstances for any costs or expenses incurred by any bidder or prospective bidder in responding to this notice or in taking part in this procurement process.
Section I.4- Other Contracting Authorities.
The Authority currently provides an ICT service to a number of other contracting authorities. As set out in Section II.1.5, the Authority is procuring a Partnering Agreement with the Technology Partner on behalf of itself and the following other contracting authorities (who may also, where they exit their arrangement to receive services under the Partnering Agreement, at their discretion continue to obtain services from the Technology Partner through the Framework Agreement), (‘Group “A” contracting authorities):
(i) Tyne and Wear Fire and Rescue Authority;
(ii) North East Local Enterprise Partnership (and The Durham, Gateshead, Newcastle upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority);
(iii) Sunderland Care and Support Ltd (including its subsidiaries);
(iv) Sunderland Live Ltd (including its subsidiaries);
(v) Any legal entities (of whatever legal form) established or to be established as a result of the re-organisation, spinning out or externalisation of any part of the Authority’s services and/or functions (including (without limitation) local authority controlled companies, local authority influenced companies and employee owned entities);
(vi) The Governing Bodies of all community schools and voluntary aided schools in Sunderland;
(vii) All Academy Trusts established or to be established in Sunderland.
And in each case:
(a) including successors to those bodies’ functions and organisations created as a result of re-organisation changes and organisations created to deliver their functions and objectives including their wholly-owned entities and subsidiaries; and
(b) whether acting individually, or on behalf of, or together as members of any consortia.
In addition as set out in Section II.1.5, the Authority is procuring a Framework Agreement with the Technology partner on behalf of itself and the following other contracting authorities (who may at their discretion award call off orders under the Framework),(‘Group B “contracting authorities):
(a) The University of Sunderland;
(b) NHS Sunderland Clinical Commissioning Group;
(c) Northumbria Police and the Police and Crime Commissioner;
(d) City of Sunderland College;
(e) Tyne and Wear Passenger Transport Executive;
(f) Sunderland BID Ltd;
(g) South Tyneside Borough Council;
(h) North East Business and Innovation Centre;
(i) City Hospitals Sunderland NHS Foundation Trust;
(j) South Tyneside NHS Foundation Trust;
(k) Gentoo Group Ltd (including its subsidiaries);
(l) Local authorities within the North East region (NUTS code UKC);
(m) A joint committee of two or more local authorities referred to in paragraph (l) above;
(n) A joint authority within the North East region;
(o) All NHS bodies within the North East region;
(p) All registered charities and community interest companies within the North East region;
(q) All registered social landlords within the North East region;
(r) Universities and further education institutions within the North East region;
(s) The Governing Bodies of all community schools and voluntary aided schools and academy trusts established or to be established in each case within the North East region
And in each case:
(a) including successors to those bodies” functions and organisations created as a result of re-organisation changes and organisations created to deliver their functions and objectives including their wholly-owned entities and subsidiaries; and
(b) whether acting individually, or on behalf of, or together as members of any consortia.
Section II.1.4- Duration of the Framework Agreement.
This opportunity comprises the proposed award by the Authority of both a Partnering Agreement with the Technology Partner and a Framework Agreement with the same Technology Partner, in each case on behalf of the Authority and the other contracting authorities listed in Group A and/or Group B above. These two contracts are inextricably intertwined and must be capable of remaining in force for the same duration for the following reasons:
(i) Development and delivery of the Innovation Business Cases.
The Authority wishes to appoint a Technology Partner on a long term basis for a maximum period of up to 10 years (an initial term of 6 years plus a potential extension of up to 4 years). A key component of the proposal is the obligation and commitment on the Partner over the life of the contract to devise, plan and develop a pipeline of innovation business cases for technology based solutions in order to contribute to and promote the City Priorities over a long term basis. The purpose of the innovation business case development is to benefit the City as a whole, rather than just the Authority. The development of these future business cases will be undertaken in consultation with the CTALC (once established) and may involve multi-party engagement with the wider members of the Sunderland Eco-system (the Eco-system Partners) who are also named contracting authorities in Group A and Group B above. In some cases, given the broad objectives of the business case development, these other organisations will be principal beneficiaries (and purchaser(s)) of the innovation proposals via direct call -offs), rather than the Authority.
One of the key purposes of the framework agreement is to provide the subsequent purchasing mechanism for those city-wide innovation business cases and proposals by one of the other contracting authorities.
It is therefore essential that the duration of the framework agreement reflects the maximum length of the partnering agreement and the duration of the Technology Partner’s commitment to the development and delivery of innovation business cases to contribute to the City Priorities. If the framework agreement was to be limited to 4 years only, then this important delivery route for City-wide innovation would be lost which would frustrate the delivery of the City Priorities and the overall objectives of this project.
Therefore in order to facilitate true innovation in the City, an extended period for the framework agreement is required to:
— Enable the innovation process to complete its full lifecycle and deliver significant benefits to the city and its communities (this is expected to take several years for true innovation projects);
— Fully exploit any third party, multi-annual and repeat funding opportunities;
— Maximise the potential of the CTALC capability; and
— Stimulate the development of leading edge business cases, many of which will require iterations and long term investment to reach maturity and deliver significant benefits.
(ii) Continuation, development and growth of the provision of transformed ICT services to third parties.
The Authority currently provides ICT services to certain other contracting authorities (listed in Group A above) on a commercial basis as a result of additional capacity.
The Technology Partner will take over responsibility for the performance of these third party contracts and it is anticipated that this part of the service will continue to produce additional revenue streams in conjunction with the transformation of the ICT service and given the requirement to secure efficiency savings during the life of the partnering agreement.
The other key purpose of the proposed framework agreement is to provide a purchasing route via call-off contracts for these existing and future customers of the ICT service to continue to procure ICT services and supplies from the Technology Partner for the duration of the arrangements.
If the duration of the framework agreement was limited to four years, then this ability to provide ICT services to other contracting authorities (and produce additional revenue streams to generate efficiencies) would be significantly constrained which would impact significantly on the achievement of the Authority’s objectives.
Section II.1.8-Lots.
This contract has not been subdivided into lots. For the reasons stated above, the proposed partnering agreement and the framework agreement are inextricably intertwined and it is not considered that the two contracts can be objectively separated into separate lots without significantly impacting on the delivery of the Authority’s objectives.
Section III.3.2 — Bidders will be required to identify in their tender submissions the names and professional qualifications of those personnel who are to be responsible for the provision of professional services to the Authority in connection with the establishment and subsequent operation of the CTALC and under the proposed framework agreement. Further information is provided in the tender documents.
Other Additional Information.
It is anticipated that this project will involve the transfer of staff by way of TUPE from both the Authority and an existing third party provider, to the Technology Partner. Further information is provided in the procurement documents.
The Authority has established a Data Room for the purposes of this procurement process. Access to the Data Room is subject to the terms and conditions and requirements as set out in the PQQ.

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

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Authority will incorporate a minimum 10 calendar day (when using electronic means) standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to challenge the decision to award a contract before a contract is executed / signed (as appropriate). The Public Contracts Regulations 2015 (‘Regulations’) provide for aggrieved parties who have been harmed or 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 promptly and within the time limits specified in the Regulations. Where a contract has not been entered into 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 the contract has been entered into the court has the options to award damages and / or to shorten or declare the contract to be ineffective and impose a fine.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

16.10.2015

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