Commercial Software Services

Commercial Software Services

The Borough Council of Calderdale has developed certain software assets which are more particularly described in Part One below. As a result of interest in the Detailed Systems which the Authority has received from other potential users the Authority believes that there is an opportunity to exploit the Detailed Systems on a commercial basis.

UK-Halifax: IT services: consulting, software development, Internet and support

2013/S 093-158683

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

The Borough Council of Calderdale
The Town Hall, Crossley Street
For the attention of: John Heron
HX1 1UJ Halifax
UNITED KINGDOM
E-mail: john.heron@calderdale.gov.uk

Internet address(es):

General address of the contracting authority: http://www.calderdale.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: no

Section II: Object of the contract

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

Acquire software applications developed by The Borough Council of Calderdale.
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Main site or location of works, place of delivery or of performance: Halifax.
NUTS code UKE43

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)

Acquire software applications developed by The Borough Council of Calderdale
and
provide services relating to the commercial exploitation of that software
II.1.6)Common procurement vocabulary (CPV)

72000000, 73000000

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

The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
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:

The Borough Council of Calderdale (the “Authority”) has developed certain software assets which are more particularly described in Part One below (the “Detailed Systems”).
As a result of interest in the Detailed Systems which the Authority has received from other potential users the Authority believes that there is an opportunity to exploit the Detailed Systems on a commercial basis and to generate revenue and other economic benefits for the Authority from that. However, the Authority does not have the resources and experience which would be required to first “market ready” the Detailed Systems and thereafter to promote and provide the Detailed Systems to other users on a commercial basis.
Accordingly the Authority wishes to appoint a commercial partner to whom the Authority will transfer ownership of its intellectual property rights (“IPR”) in the Detailed System and who will assume responsibility for developing the Detailed Systems so that those become market ready and thereafter to promote and provide the Detailed Systems to other users on a commercial basis with a view to generating further revenue streams and/or capital receipts for the Authority.
The Authority is prepared to accept variant bids. It is expected that organisations will submit a bid based on the following principles:-
A) The organisation may bid for this project suggesting a mix of capital purchase and revenue stream (“Variant Bid A”);
B) The organisation may bid for this project purely on an outright capital purchase (“Variant Bid B”); or
C) The organisation may bid for this purchase on a purely revenue basis (“Variant Bid C”).
Estimated value excluding VAT:
Range: between 1 and 10 000 000 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals

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

Starting 1.9.2013. Completion 30.4.2015

Section III: Legal, economic, financial and technical information

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

None.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Council’s particular requirements are to be determined but the Council may require that any contract awarded shall be entered into by a single legal entity on the part of the successful candidate.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Candidates will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended, (implementing Title II, Chapter VII Section 2 of Directive 2004/18/EC), on the basis of information provided in response to the tender.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: see tender documents.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
see tender documents.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure

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

jh1
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: 15.7.2013 – 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

15.7.2013 – 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

in days: 90 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders

Date: 15.7.2013 – 12:00
Place:

Head of Democratic and Partnership Services,Town Hall,Crossley Street, Halifax, West Yorkshire.

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

Section II.1.9 : Variant bids may be requested or permitted by the Council within parameters to be set out in the
Invitation to Tender documentation
The Council expressly reserves the rights :
(i) not to award any contract as a result of the procurement process commenced by publication of this notice;
(ii) to make whatever changes it may see fit to the content and structure of the tendering competition;
(iii) to award (a) contract(s) in respect of any part(s) of the works covered by this notice;
and in no circumstances will the Council be liable for any costs incurred by candidates
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 Council will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. Applicants who are unsuccessful shall be informed by the Council as soon as possible after the decision has been made as to the reasons why the Applicant was unsuccessful. If an appeal regarding the award of the contract has not been successfully resolved, The Public Contracts Regulations 2006 (SI 2006 No. 5) provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take action in the High Court (England, Wales, and Northern Ireland). Any such action must generally be brought within 30 days of the date on which the claimant became aware of a breach of the rules or ought to have done so. Where a contract has not been entered into, the Court may order 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, depending on the circumstances, award damages, make a declaration of ineffectiveness, order the Authority to pay a fine, and/or order that the duration of the contract be shortened. The purpose of the standstill period referred to above is to allow the parties to apply to the Courts to set aside the award decision before the contract is entered into.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:

13.5.2013