Employee-led Mutual Company providing services to schools and local authorities

Employee-led Mutual Company providing services to schools and local authorities

London Borough of Hammersmith and Fulham. UK-London: business and management consultancy and related services

2012/S 56-091708

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

London Borough of Hammersmith and Fulham
Town Hall, King Street, Hammersmith
W6 9JU London
UNITED KINGDOM

Internet address(es):

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

Further information can be obtained from: London Tenders Portal
UNITED KINGDOM
Internet address: https://www.londontenders.org

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: London Tenders Portal
UNITED KINGDOM
Internet address: https://www.londontenders.org

Tenders or requests to participate must be sent to: London Tenders Portal
UNITED KINGDOM
Internet address: https://www.londontenders.org

I.2)Type of the contracting authority

Regional or local authority
I.3)Main activity

General public services
Recreation, culture and religion
Education
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

The Royal Borough of Kensignton and Chelsea
The Town Hall, Hornton Street
W8 7NX London
UNITED KINGDOM

Westminster City Council
64 Victoria Street, Westminster
SW1E 6QP London
UNITED KINGDOM

Section II: Object of the contract

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

Contract to establish and support an Employee-led Mutual Company providing services to schools and local authorities.
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 11: Management consulting services [6] and related services
Main site or location of works, place of delivery or of performance: Primarily within the London Borough of Hammersmith & Fulham; The Royal Borough of Kensington & Chelsea; and Westminster City Council.
NUTS code UKI

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)

The Contracting Authority is seeking an innovative Independent Sector Partner (ISP) to support it in the establishment and operation of a viable and sustainable employee- led mutual company. The procurement for an ISP to help establish and support our employee – led mutual is highly innovative, and is being supported by the Cabinet Office as a national pilot. It is envisaged that the ISP will provide support and assistance for the creation and operation of the employee – led mutual, which is currently anticipated will be structured as a joint venture company with the share holding shared between the ISP and the employees (held on the employees’ behalf in an employee benefit trust). The Contracting Authority will have a contractual arrangement with the employee- led mutual for the employee – led mutual to provide some of the services, supplies and works listed below (and further defined in the initial descriptive document) for a period of not less than four years. The specific shareholding to be held by the ISP will be subject to the dialogue undertaken as part of this process, although under a joint venture structure, the maximum holding for any independent sector partner will be capped to balance ownership in favour of employee ownership.
The Contracting Authority is working closely with the Royal Borough of Kensington & Chelsea and Westminster City Council, and it is intended that staff from all three boroughs will be transferred into the Mutual Joint Venture company under the Transfer of Undertakings (Protection of Employment) Regulations 2006.
The Contracting Authority is procuring on behalf of all education bodies within the London Borough of Hammersmith & Fulham, the Royal Borough of Kensington & Chelsea and Westminster City Council for a independent partner to set up the employee – led mutual. The client side may reside with the Contracting Authority who will act on its behalf and that of the Participating Authorities. However, following the award of the Contract, the client – side arrangement may be transferred from the Contracting Authority to one of the other Participating Authorities.
The primary purpose of creating the employee- led mutual is specifically to undertake the following services, supplies or works to “relevant educational establishments” defined below within the London boroughs of Hammersmith & Fulham, Kensington & Chelsea and Westminster commissioned either by the Contracting Authority or the governing bodies of these establishments. The relevant educational establishments collectively mean:
— educational facilities (which will include primary and secondary schools and may include tertiary education),
— other children’s facilities (including but not limited to after school club facilities, youth clubs etc),
— accommodation for adult education and Special Educational Needs (SEN) education,
— community facilities whether co-located with any of the above facilities or freestanding (including but not limited to halls, drop-in centres, crèches, sheltered workshops etc).
As a commercial organisation the employee led mutual will also offer its services to non-maintained schools,such as Academies and Free schools.
The services, supplies and works to the relevant educational facilities will include either direct provision by the employee led mutual or the sub-contracting to other providers. The scope of the services, supplies and works to the relevant educational facilities may include:
— (i) information communication and technology (“ICT”) services,
— (ii) ICT supplies,
— (iii) architectural services,
— (iv) engineering services,
— (v) construction related works, supplies and services (including lifecycle planned maintenance and reactive maintenance),
— (vi) security services,
— (vii) building services,
— (viii) hard facilities management services (e.g. building fabric and mechanical installations),
— (ix) soft facilities management services (e.g. catering, cleaning, security, and health & safety),
— (x) educational support services, and
— (xi) educational strategy services,
— (xii) consultancy services (procurement projects e.g. free school meals).
II.1.6)Common procurement vocabulary (CPV)

79400000, 79420000, 79411000, 80000000, 51610000, 79418000, 71315000, 71541000, 79710000, 90911200, 79993000, 71240000, 45000000, 45214200, 45214000, 50700000, 72222300, 55524000, 72514300, 77314000, 39162000, 77320000, 92610000, 45214500, 75200000, 80210000, 80211000, 80212000, 80310000, 80590000, 85312300, 55500000, 45111291, 45300000, 71220000, 71500000, 71000000, 79634000, 80520000, 72511000, 80533000, 80533100, 71223000, 71242000, 79421000, 80511000

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

Estimated value excluding VAT:
Range: between 12 000 000,00 and 22 000 000,00 GBP
II.2.2)Information about options

Options: yes
Description of these options: 48 months plus a possible extension of up to 36 months
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)
II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 36 (from the award of the contract)
II.3)Duration of the contract or time limit for completion

Duration in months: 48 (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:

No guarantee require by the ISP. In the eventuality of business failure the contract will not novate directly from the ELM to the ISP without the Contracting Authorities approval.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

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

Joint and several liability. Should the successful tenderer be a consortium of companies, the lead partner will be responsible for completing the commission on behalf of the consortium and all payments will be made to the lead partner for services rendered by the consortium. Support partners may be required to complete a collateral warranty agreement in favour of the Contracting Authority. The Contracting Authority reserves the right to require a successful consortia to form a legal entity, in accordance with Regulation 28 of the Public Contracts Regulations 2006.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Under this contract the ELM company and its supply chain will be required to actively participate in the achievement of social and/or environmental policy objectives relating to recruitment and training and supply chain initiatives and other similar initiatives. Accordingly contract performance conditions may relate in particular to social and environmental considerations as set out in the Contract.
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: Economic operators will be excluded from being invited to tender where any of grounds for mandatory rejection as set out in Regulation 23 of the Public Contract Regulations 2006 apply (further details can be found at: http://www.opsi.gov.uk/si/si2006/20060005.htm). These are as follows:

The economic operator (or its directors or any other person who has powers of representation, decision or control of the economic operator) has been convicted of any of the following offences:
a) conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA (as amended);
b) corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906 (as amended);
c) the offence of bribery;
d) fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of:
i) the offence of cheating the Revenue;
ii) the offence of conspiracy to defraud;
iii) fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978;
iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985;
v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994;
vi) an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993; or
vii) destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;
e) money laundering within the meaning of the Money Laundering Regulations 2007; or
f) any other offence within the meaning of Article 45(1) of the Public Sector Directive.
Where the economic operator is unable to confirm any of the following (discretionary grounds for exclusion) it may be excluded from this procurement. The economic operator (or its directors or any other person who has powers of representation, decision or control of the economic operator) confirms that it:
a) being an individual is not bankrupt or has not had a receiving order or administration order or bankruptcy restrictions order made against him or has not made any composition or arrangement with or for the benefit of his creditors or has not made any conveyance or assignment for the benefit of his creditors or does not appear unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has not granted a trust deed for creditors or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of his estate, or is not the subject of any similar procedure under the law of any other state;
b) being a partnership constituted under Scots law has not granted a trust deed or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of its estate;
c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has not passed a resolution or is not the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, nor had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is not the subject of similar procedures under the law of any other state;
d) has not been convicted of a criminal offence relating to the conduct of his business or profession;
e) has not committed an act of grave misconduct in the course of his business or profession;
f) has fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the organisation is established;
g) has fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;
h) is not guilty of serious misrepresentation in providing any information required of him under this regulation;
i) in relation to procedures for the award of a public services contract, is licensed in the relevant State in which he is established or is a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: An economic operator must be in a sound financial position to participate in a procurement of this size as set out in Regulation 24 of the Public Contracts Regulations 2006 (SI 2006 No. 5); further details can be found at: http://www.opsi.gov.uk/si/si2006/20060005.htm. Economic operators will be required to complete a pre-qualification questionnaire that will be used to assess economic and financial capacity.

Minimum level(s) of standards possibly required: As set out in the pre-qualification questionnaire.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
An economic operator must be technically competent to participate in a procurement of this nature as set out in Regulation 25 of the Public Contracts Regulations 2006 (SI 2006 No. 5); further details can be found at: http://www.opsi.gov.uk/si/si2006/20060005.htm. Economic operators will be required to complete a pre-qualification questionnaire that will be used to assess technical competency and capacity.

Minimum level(s) of standards possibly required:
As set out in the pre-qualification questionnaire.

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 3: and maximum number 5
Objective criteria for choosing the limited number of candidates: As set out in the Pre-Qualification Questionnaire & Selection Methodology.
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:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2011/S 248-403669 of 23.12.2011

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

16.4.2012 – 03:00
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: yes
Estimated timing for further notices to be published: 3 or 6 years.
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 deadline for clarification enquiries is set for 11.4.2012.
The tendering exercise is being undertaken through the London Tenders Portal (url: www.londontenders.org) and accessing the “Supliers” link on the right-hand side of the webpage. You will need to register an interest on the system in order to participate, and registration is free. By registering you will also receive email notifications of other relevant opportunities when they arise from the participating organisations (as listed on the website). Please note that if you are registering for the first time the system provides a Supplier Registration Wizard and you will need to complete each step. Once you have completed your registration application form it will be reviewed. If another person within your organisation has previously registered an interest on the system your application will be rejected and an e-mail explaining why will be sent to you. You will need to contact that person within your organisation that is already registered and have them set up an account for you. Once your application has been accepted you will receive an email informing you of this and giving you a username and password, you will then be able to access this opportunity (and others that may be on the system).

The Pre-Qualification Questionnaire (PQQ) can be downloaded from this portal. This must be completed and returned by the date stated in IV.3.4 above electronically via the portal. Due to the nature of the contract to be awarded, tenderers should make themselves familiar with the appropriate guidance and or codes of practice that are currently in force and issued by statutory commissions set up by the UK Government. These are: The Equality and Human Rights Commission whose website address is: http://www.equalityhumanrights.com. It will be a condition of contract that the successful contractor will be required to comply with the Contracting Authority’s Equal Opportunities Policy that can be found on its website.

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 Contracting Authority 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 Contracting Authority 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) and Public Contracts (Amendment) Regulations 2009 provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take legal action. Any such action must be brought within the applicable limitation period. 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 Contracting 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:16.3.2012