Development and Operation of Golf Course

Development and Operation of Golf Course

Future development/operation of Basildon Golf Course and an adjacent development site suitable for hotel/leisure uses.

UK-Basildon: sports facilities operation services

2012/S 188-309612

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Basildon Borough Council
The Basildon Centre, St. Martin’s Square
Contact point(s): Corporate Procurement Team
For the attention of: Stephanie Fields
SS14 1DL Basildon
UNITED KINGDOM
Telephone: +44 1268294454
E-mail: stephanie.fields@basildon.gov.uk

Internet address(es):

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

Address of the buyer profile: http://www.basildon.gov.uk/procurement

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:

Future development/operation of Basildon Golf Course and an adjacent development site suitable for hotel/leisure uses.
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 26: Recreational, cultural and sporting services
NUTS code UKH3

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)

Sports facilities operation services. Recreational, cultural and sporting services. Sport-related services. Landscaping work for golf courses. Flatwork for golf course. Construction work for buildings relating to leisure, sports, culture, lodging and restaurants. Construction work of leisure facilities. Repair and maintenance services of building installations. Building and facilities management services. Grounds maintenance services. Provision of services to the community. Sports fields maintenance services. Hotel construction work. Construction work. Building construction work. Building installation work. Multi-functional buildings construction work. Construction work for restaurants and similar facilities. Construction work for commercial buildings. Hotel equipment. Hotel, restaurant and retail trade services. Hotel services. Hotel accommodation services. Hotel meeting and conference services. Other hotel services. Architectural design services. Other community, social and personal services. Recreation installation. Recreation centre construction work. Recreational-area services. Accommodation and restaurant buildings. Restaurant construction work. Repair and maintenance services of hotel and restaurant equipment. Repair and maintenance services of restaurant equipment. Restaurant and food-serving services. Basildon Borough Council is currently advertising the opportunity to express interest in and present proposals for the future development/operation of Basildon Golf Course and an adjacent development site suitable for hotel/leisure uses. The adjacent development site is in the ownership of the Homes and Communities Agency. The opportunity is available as a whole or in two lots. The terms for both lots are to be developed through the dialogue process. The Council has agreed overarching principles to underpin the process and final outcome. The Council will be working closely with the Homes and Communities Agency in the development and evaluation of Lot 2. Further detail on the opportunity is contained within the marketing brochure, which can be requested by expressing an interest as set out in this notice.
II.1.6)Common procurement vocabulary (CPV)

92610000, 92000000, 92620000, 45112721, 45236111, 45212000, 45212100, 50700000, 79993000, 77314000, 75200000, 77320000, 45212411, 45000000, 45210000, 45300000, 45211350, 45212420, 45213100, 39313000, 55000000, 55100000, 55110000, 55120000, 55130000, 71220000, 98000000, 45212140, 45212172, 92330000, 45212400, 45212421, 50880000, 50882000, 55300000

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: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

As described above in II.1.5 and elsewhere in this notice. The Council’s preferred option is to award Lot 1 (future development/operation of Basildon Golf Course) on a concessionary basis. Lot 2 (development site suitable for hotel/leisure uses) is marketed as a land disposal.
II.2.2)Information about options
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Starting 31.7.2013.

Information about lots

Lot No: 1 Lot title: Future development/operation of Basildon Golf Course

1)Short description

Lot 1 includes the improvement of the Council’s existing golf course and facilities (subject to planning consents and other considerations) and management, operation, and maintenance of those facilities.
2)Common procurement vocabulary (CPV)

92610000, 92000000, 92620000, 45112721, 45236111, 45212000, 45212100, 50700000, 79993000, 77314000, 75200000, 77320000

3)Quantity or scope

It is the Council’s preference that this lot is awarded on a concessionary basis or otherwise at no cost to the Council, although the Council will receive other proposals.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Bidders for Lot 1 are invited to submit bids for Lot 2. Lots may be awarded to a single bidder or to multiple bidders.
Lot No: 2 Lot title: Development site suitable for hotel/leisure uses

1)Short description

Lot 2 includes the development of a hotel and/or other appropriate leisure facility that complements the Council’s golf course and leisure focus of the site (subject to planning consents and other considerations). The land that is the subject of Lot 2 is currently in the ownership of the Homes and Communities Agency. This is a land disposal arrangement.
2)Common procurement vocabulary (CPV)

45212100, 45212411, 45000000, 45210000, 45300000, 45211350, 45212000, 45212420, 45213100, 39313000, 55000000, 55100000, 55110000, 55120000, 55130000, 71220000, 75200000, 98000000, 45212140, 45212172, 92000000, 92330000, 45212400, 45212421, 50880000, 50882000, 55300000

3)Quantity or scope

It is the Council’s preference that this lot is awarded on a concessionary basis or otherwise at no cost, although the Council will receive other proposals.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Bidders for Lot 2 are invited to submit bids for Lot 1. Lots may be awarded to a single bidder or to multiple bidders.

Section III: Legal, economic, financial and technical information

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

The successful applicant(s) may be required to provide a performance bond and/or other form(s) of guarantee or security satisfactory to the Council in order to guarantee satisfactory performance of the contract. Any bond or guarantee shall be capable of being enforced by the Council at anytime during the period of the contract, and for a period of 12 months thereafter. Dependant upon the structure, corporate or otherwise, of the successful applicant, the successful applicant may also be required to provide a parent company guarantee, partner’s individual guarantee, or other similar guarantee in order to guarantee their satisfactory performance of the contract, either as an alternative to a performance bond or in addition thereto. Further details will be provided during the process.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The Council anticipates that Lot 1 will be let on a concessionary basis whereby the successful applicant’s income from the opportunity is solely from the operation of the facilities without subsidy from the Council. Lot 2 is a land disposal rather than a contract for works or services. This is subject to discussion through the dialogue process. Further details will be provided during the process.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The successful applicant(s) may be required to actively participate in the furtherance of the Council’s economic and/or social and/or environmental policy objectives. Further details will be provided during the process.
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: The Authority will apply all the offences listed in Article 45(1) of Directive 2004/18/EC (implemented as Regulation 23(1) of the Public Contract Regulations (PCR) 2006 in the UK) and all of the professional misconducts listed at Article 45(2) of Directive 2004/18/EC (see also Regulation 23(2) in the PCR 2006) to the decision of whether a Candidate is eligible to be invited to tender.
A full list of the Regulation 23(1) and 23(2) criteria are at http://www.delta-esourcing.com/delta/project/reasonsForExclusion.html#pcr.

Candidates will be required to answer these questions as part of the qualification process. For candidates who are registered overseas, you will need to declare if you have any offences/misconduct under your own countries laws, where these laws are equivalent to the Regulation 23 lists.
Candidates who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Candidates who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Authority.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (a) Appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance
(b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established
(c) A statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available
Further information on economic and financial capacity proof required and accepted will be provided in the pre-qualification questionnaire and associated documents and will be in accordance with Regulation 24 of the Regulations.
Minimum level(s) of standards possibly required: Information of minimum standards required will be provided in the pre-qualification questionnaire and associated documents and will be in accordance with Regulation 24 of the Regulations.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Technical capacity will be evaluated in accordance with Regulation 25 of the Public Contracts Regulations 2006 (as amended), although the Council reserves the right to depart from those Regulations as this tender process is not fully subject to the Regulations. Details are set out in the pre-qualification questionnaire and associated documentation.
Minimum level(s) of standards possibly required:
Minimum levels of technical capacity will be evaluated in accordance with Regulation 25 of the Public Contracts Regulations 2006 (as amended), although the Council reserves the right to depart from those Regulations as this tender process is not fully subject to the Regulations. Details are set out in the pre-qualification questionnaire and associated documentation.
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 number of operators: 4
Objective criteria for choosing the limited number of candidates: As detailed in pre-qualification questionnaire and associated documentation.
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:

CP-2011-0099
IV.3.2)Previous publication(s) concerning the same contract

no
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

2.11.2012 – 17:00
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

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement, and the contract will be awarded on the basis of the most economically advantageous tender.
The Council considers that the community nature of the asset, the regeneration aspect of the opportunity, and the scale of the contract(s) means that there could be significant benefits to the Borough. Interested parties should be prepared to demonstrate how opportunities associated with the delivery of the contract(s) will be made known and available to individuals and businesses in the Borough.
The Council considers that the main object of Lot 1 of this contract is the provision of leisure services and, as such, is either a contract for Part B services under the Public Contracts Regulations 2006 (as amended) (the “Regulations”) or a service concession contract. Either of these would fall outside of the scope of the Regulations. Lot 2 is for the disposal of land and not subject to the Regulations. This is, therefore, a voluntary notice and the Council is not bound by many of the formalities of the Regulations and reserves the right to use such flexibility in this procurement process.
The Council will work closely with the Homes and Communities Agency during this tender process. The Homes and Communities Agency is the current owner of the land subject to disposal in Lot 2 and, as such, will be involved in the dialogue process as well as evaluating proposals received for Lot 2.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) may apply to a portion of this contract (specifically with regard to operation and maintenance of Basildon Golf Course) and there may be staff that could transfer from the existing golf course operator to an incoming provider. Bidders must seek independent advice regarding the application of TUPE (and with regard to all aspects of this tender and these contractual arrangements). Further details, if available, will be provided during the process.
The Council reserves the right to discontinue the process, in whole or in part, at any time with or without award of either or any lot. The final specification and any permitted variants will be made available to pre-qualified bidders at the invitation to dialogue stage. Neither the Council nor the Homes and Communities Agency will be responsible for any costs, fees, or expenses incurred, or any other money paid or payable, by anyone bidding for either or both lots advertised herein.
Pre-qualification questionnaires constitute applicants’ request to be selected to participate in dialogue. Fully completed pre-qualification questionnaires must be received at the Council by the date and time specified in IV.3.4 above. GO Reference: GO-2012926-PRO-4271943.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:26.9.2012