Cabinet Office Joint Venture Company for Best Practice

Cabinet Office Joint Venture Company for Best Practice

Share participation in a Joint Venture company to develop and grow Best Management Practice (Swirl) portfolio.

UK-London: financial and insurance services

2012/S 211-347757

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Cabinet Office
1 Horse Guards Road
Contact point(s): Rachel Carter
SW1A 2HQ London
UNITED KINGDOM
Telephone: +44 2072765065
E-mail: swirl.project@cabinet-office.gsi.gov.uk

Internet address(es):

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

Further information can be obtained from: Cabinet Office
1 Horse Guards Road
For the attention of: Martyn Taylor
SW1A 2HQ London
UNITED KINGDOM
Telephone: +44 2072711447
E-mail: swirl-project@cabinet-office.gsi.gov.uk
Internet address: http://www.best-management-practice.com

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Cabinet Office
1 Horse Guards Road
For the attention of: Martyn Taylor
SW1A 2HQ London
UNITED KINGDOM
Telephone: +44 2072711447
E-mail: swirl-project@cabinet-office.gsi.gov.uk

Tenders or requests to participate must be sent to: Cabinet Office
1 Horse Guards Road
For the attention of: Martyn Taylor
SW1A 2HQ London
UNITED KINGDOM
Telephone: +44 2072711447
E-mail: swirl-project@cabinet-office.gsi.gov.uk

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity

General public services
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:

Share participation in a Joint Venture company to develop and grow Best Management Practice (Swirl) portfolio.
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 27: Other services
Main site or location of works, place of delivery or of performance: UK, Norwich.
NUTS code UK,UKJ

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)

Please note that this is a Voluntary Notice for a requirement, which is excluded from the application of the Public Contracts Regulations 2006 because there will be no contract for goods or services between the successful bidder and the Cabinet Office, and the arrangement will not be a concession.
Please see Section III 2.1 or Section VI.3 of this Voluntary Notice for full information on how the procedure will be conducted.
Please note that you are requested to email Swirl.Project@cabinet-office.gsi.gov.uk to ask for the partnership prospectus (which you will receive once we have sent you and you have returned a signed Non-Disclosure and Competition Process Agreement) and to submit clarification questions.

Please note that the partnership prospectus is directed only at persons who: (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “Order”); (ii) are high net worth entities falling within Article 49(2) of the Order; or (iii) are other persons to whom the prospectus may be otherwise lawfully communicated (collectively “Eligible Recipients”). Any person who is not an Eligible Recipient may not rely on the Prospectus, and investment in the joint venture company will not be available to such persons. Nothing in this document, the Prospectus or any related document constitutes investment advice. You will be requested to confirm, as part of the Non-Disclosure and Competition Process Agreement, that your organisation meets these criteria.
HM Government owns a portfolio of products known as Best Management Practice (or Swirl). The products present flexible, practical and effective methodologies and guidance, drawn from the most successful global experiences of management practices. They have helped improve processes and operations for organisations of all sizes – including small businesses, public sector organisations and major global enterprises.
The best-known products in the portfolio are Managing Successful Projects with Prince 2 (PRINCE2®), a methodology for project management, and Information Technology Infrastructure Library (ITIL®), a set of practices for IT service management. In 2011 around 450 000 exams were taken annually around the world across the whole portfolio.
The other products are: Managing Successful Programmes (MSP), Management or Risk (M_o_R), Portfolio, Programme and Project Offices (P3O), Management of Portfolios (MoP), Management of Value (MoV), and Portfolio, Programme and Project Management Maturity Model (P3M3).
Each product has supporting publications and, with the exception of the maturity model P3M3, examinations, which are principally delivered through accredited Training Organisations.
The Cabinet Office on behalf of HM Government intends to establish a joint venture company (NewCo) limited by shares to which it will assign the products and their associated Intellectual Property (Trade Marks and Copyrights).
The successful bidder will bring technical and professional skills to the joint venture Company to exploit the Intellectual Property. These skills, together with cash, will form the successful bidder’s consideration for a shareholding in the joint venture company and the Intellectual Property assigned to it.
The joint venture company will develop and exploit the Intellectual Property.
Cabinet office may continue to develop Intellectual Property outside of the portfolio. At times it may ask the joint venture company to develop and market selected IP commercially to a wider community than the Cabinet Office supports as part of its normal operation.
This notice commences the competition to find a joint venture partner to take a share in NewCo.

II.1.6)Common procurement vocabulary (CPV)

66000000, 72000000, 79000000, 80000000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots

This contract is divided into lots: no
II.1.9)Information about variants

Variants will be accepted: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

Share participation in a Joint Venture company to exploit the Best Management Practice (Swirl) portfolio, in exchange for a contribution of some or all of the following to the joint venture company:
1. Management capability; and/or
2. Cash; and/or
3. Resources; and/or
4. Accreditation capability; and/or
5. Examination capability; and/or
6. Publication capability; and/or
7. Capability to develop the joint venture company’s capability in the development, promotion, sale and delivery of additional related services to the global market; and/or
8. Transition arrangements.
The Intellectual Property (Crown Copyright and Trade Marks) in the Swirl portfolio owned by Cabinet Office will be assigned to the Joint Venture.
II.2.2)Information about options

Options: yes
Description of these options: Equity division and employee incentivisation are options that will be considered.
II.2.3)Information about renewals

This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:

At the Authority’s discretion a parent company or other form of guarantee may be required. Potenial providers will be advised during the competition process if this is necessary.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

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

N/a.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Bidders must sign and return a Non-Disclosure and Competition Process Agreement prior to receiving a copy of the partnership prospectus. An Agreement can be obtained by contacting the contact points at Annex A 1. The Prospectus will be sent via email within two business days of receipt of a validly executed Non-Disclosure and Competition Process Agreement.
Bidders are required to submit a qualification questionnaire and an initial bid, details for which are set out in the partnership prospectus. A prospectus can be obtained by contacting the contact points at Annex A 1.
The initial bid will be evaluated according to a number of criteria set out in the partnership prospectus.
Please note that the partnership prospectus is directed only at persons who: (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “Order”); (ii) are high net worth entities falling within Article 49(2) of the Order; or (iii) are other persons to whom the prospectus may be otherwise lawfully communicated (collectively “Eligible Recipients”). Any person who is not an Eligible Recipient may not rely on the Prospectus, and investment in the joint venture company will not be available to such persons. Nothing in this document, the Prospectus or any related document constitutes investment advice. You will be requested to confirm, as part of the Non-Disclosure and Competition Process Agreement, that your organisation meets these criteria.
We are looking for innovation from potential partners.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Bidders must submit copies of audited accounts for the most recent three years, including a statement of your turnover, profit & loss account and cash flow for the most recent three years of trading. If trading for less than three years, they must submit alternative means of demonstrating financial status.
Bidders must confirm that they have employers’ liability insurance (except businesses employing only the owner or close family members), and cover should be for at least £5 000 000.
Minimum level(s) of standards possibly required: Please note that the partnership prospectus is directed only at persons who: (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “Order”); (ii) are high net worth entities falling within Article 49(2) of the Order; or (iii) are other persons to whom the prospectus may be otherwise lawfully communicated (collectively “Eligible Recipients”). Any person who is not an Eligible Recipient may not rely on the Prospectus, and investment in the joint venture company will not be available to such persons. Nothing in this document, the Prospectus or any related document constitutes investment advice. You will be requested to confirm, as part of the Non-Disclosure and Competition Process Agreement, that your organisation meets these criteria.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
N/a.
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

Accelerated negotiated
Please note that this is a Voluntary Notice for a requirement, which is excluded from the application of the Public Contracts Regulations 2006 because there will be no contract for goods or services between the successful bidder and the Cabinet Office, and the arrangement will not be a concession.
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 partnership prospectus and accompanying qualification questionnaire.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
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:
IV.3.2)Previous publication(s) concerning the same contract

no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 26.11.2012 – 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

30.11.2012 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening tenders

Section VI: Complementary information

VI.1)Information about recurrence

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

Please note – this is a Voluntary Notice for a requirement, which is excluded from the full application of the Public Contracts Regulations.
All parties who sign a Non-Disclosure and Competition Process Agreement will be sent the Partnership Prospectus. The Prospectus will be sent via email within two business days of receipt of a validly executed Non-Disclosure and Competition Process Agreement. Bidders may obtain a copy of the agreement from the contacts at Annex A1.
Bidders’ suitability to participate will be assessed using the qualification questionnaire in the partnership prospectus.
Initial bids will be evaluated against the requirements set out in the prospectus.
Following the initial evaluation, shortlisted bidders will receive an Invitation to Tender (ITT).
The Cabinet Office reserves the right to invite additional bidders to tender in certain circumstances, for example if a shortlisted bidder withdraws from the competition.
At the ITT stage more information is expected to be made available to bidders in a dedicated data room. Bidders will then submit a more detailed proposition which will be subject to further evaluation, the criteria for which will be made available to bidders on receiving an ITT.
Bidder[s] who are successful at this stage of the evaluation will be invited to negotiate with the Cabinet Office, following which the successful bidder will be invited to subscribe for shares in the joint venture company and to enter into all related documentation.
The Cabinet Office shall not be liable for any costs incurred by those applicants tendering for this contract.
The Cabinet Office reserves the right to terminate the tendering exercise at any time without the award of a contract.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Any appeals should be addressed to the Cabinet Office named in Annex A1

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: An applicant who has concern about the process should raise them as soon as possible with the Cabinet Office named in Annex A1, and in any case within the time limits specified in law.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:29.10.2012