Ferry Service between Torquay Harbour and Brixham Harbour

Ferry Service between Torquay Harbour and Brixham Harbour

The aim of the Tender is to provide an All Year Round Ferry Service operating throughout the day, including services for commuters, and as part of Torbay’s public transport network.

United Kingdom-Torquay: Transport services (excl. Waste transport)

2013/S 155-270878

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Torbay Council
Legal & Procurement, Torbay Council, Procurement Team, “The Attic”, Torquay Town hall
For the attention of: Josie Medforth
TQ1 3DR Torquay
UNITED KINGDOM
Telephone: +44 1803207049
E-mail: josie.medforth@torbay.gov.uk

Internet address(es):

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

Further information can be obtained from: www.supplyingthesouthwest.org.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: www.supplyingthesouthwest.org.uk

Tenders or requests to participate must be sent to: www.supplyingthesouthwest.org.uk

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:

Ferry Service between Torquay Harbour and Brixham Harbour
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 19: Water transport services
Main site or location of works, place of delivery or of performance: Torbay – Ferry Service across the Bay between Brixham Harbour in the south and Torquay Harbour in the north. The aim of the Tender is to provide an All Year Round Ferry Service operating throughout the day, including services for commuters, and as part of Torbay’s public transport network.
NUTS code UKK

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 aim of the Tender is to provide an All Year Round Ferry Service operating throughout the day, including services for commuters, and as part of Torbay’s public transport network. This is a Ferry Service which:
I. Operates six (6) days a week, Monday to Saturday, throughout the year except Public Holidays;
II. Meets the minimum Timetable set out below in section four point one point one (4.1.1);
III. Has a maximum Passage Time of thirty (30) minutes, departure to arrival
A Dedicated Pontoon Space at East Quay, Brixham and Priority Access to the Pontoon at Beacon Quay, Torquay will be reserved for the Operator of this Ferry Service.
Torbay is located in the South West of England, on the East coast of Devon. It is a unitary Authority made up of three (3) predominant towns, namely Brixham, Paignton and Torquay. The total population of Torbay is around one hundred and thirty four thousand (134 000).
The Authority is developing a package of sustainable transport measures aimed at regenerating Torbay through the Local Sustainable Transport Fund (LSTF).
A key element of the Authority’s package, and the aim of this Tender, is the development of an All Year Round Ferry Service across Tor Bay. It will connect Brixham Harbour in the south and Torquay Harbour in the north. The distance of a direct single journey is approximately three point seven nautical miles (3.7nm).
The Local Transport White Paper ‘Creating Growth, Cutting Carbon’, published in January two thousand and eleven (2011), placed localism at the heart of the transport agenda in order to cut carbon emissions and create local growth.
A total of six hundred million pounds (GBP 600m) has been made available through the LSTF to enable the Department for Transport (DfT) to fund a number of high quality bids. In total, the DfT awarded funding for ninety six (96) packages to seventy seven (77) authorities to deliver their schemes between two thousand and eleven (2011) and two thousand and fifteen (2015). Along with local contributions provided by all funded project teams, over one billion pounds (GBP 1b) is now being invested in local sustainable travel.
The Ferry Service is being procured to provide an alternative, congestion relieving, travel opportunity between the towns. With the road network limited, especially into and out of Brixham and at times of coastal flooding, an affordable and timely All Year Round solution needs to be found.
There is a significant commuter market between the two (2) towns and this is not catered for by existing Seasonal Ferry Services. Currently there is a daytime service from April to October and an occasional service in other months. There are no services catering for the Commuter market All Year Round and no regular winter service.
In addition to the Ferry Service there is also significant investment, through the package of measures, in Harbour and cycling infrastructure, Real Time Information (RTI) systems, Workhubs, and a Connecting Bus Service.
Collectively these projects will deliver economic growth, reduce carbon and provide a viable sustainable alternative mode of travel.
More information about the Authority’s LSTF bid can be found at www.torbay.gov.uk/lstf.

This Service will be subsidised through a Public Service contract complying with the Cabotage Regulation and the EU maritime State Aid rules

II.1.6)Common procurement vocabulary (CPV)

60000000, 60600000, 60610000

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:

The Contract Value will depend on the revenue generated by the successful Contractor subject to the Public Service obligations laid out in the tender specification.
A Subsidy of seven hundred and seventy five thousand pounds (GBP 775k) is available for this Ferry Service. This is available to the successful Operator from the award of the Contract until the 31.3.2015
There is a maximum Subsidy of four hundred and fifty thousand pounds (GBP 450k) until 31.3.2014, with the remainder (up to three hundred and twenty five thousand pounds (GBP 325k)) being available from the 1.4.2014 until the 31.3.2015.
The Subsidy is specifically to fund a Ferry Service which would not otherwise be Commercially Viable. Therefore, any Subsidy provided to the successful Operator must be required to cover the costs of operating the Ferry Service as defined by this specification and that would otherwise not be possible without such Subsidy.
The Subsidy can also be used as a Mobilisation Payment for any set up costs or to obtain an Asset, so long it is required to operate the Ferry Service as detailed within this Specification and the Method Statement.
The amount of Subsidy claimed cannot exceed the relevant costs, and a Reasonable Profit, in order that there is no over compensation. The parameters for calculating the Subsidy have therefore been set in advance and shall be as follows:
(Cost + thirty percent (30 %) Reasonable Profit) – Revenue = Subsidy
This calculation will be applied on the 31.3.2018.
Any Excess Payment must be returned to the Authority.
The Contract Length is for a minimum of four (4) years but can be up to a maximum of fifteen (15) years.
Estimated value excluding VAT: 775 000 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals
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:

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

The Contract Value will depend on the revenue generated by the successful Contractor subject to the Public Service obligations laid out in the tender specification.
This Service will be subsidised through a Public Service contract complying with the Cabotage Regulation and the EU maritime State Aid rules.
A Subsidy of seven hundred and seventy five thousand pounds (GBP 775k) is available for this Ferry Service. This is available to the successful Operator from the award of the Contract until the 31.3.2015.
There is a maximum Subsidy of four hundred and fifty thousand pounds (GBP 450k) until 31.3.2014, with the remainder (up to three hundred and twenty five thousand pounds (GBP 325k)) being available from the 1.4.2014 until the 31.3.2015.
The Subsidy is specifically to fund a Ferry Service which would not otherwise be Commercially Viable. Therefore, any Subsidy provided to the successful Operator must be required to cover the costs of operating the Ferry Service as defined by this specification and that would otherwise not be possible without such Subsidy.
The Subsidy can also be used as a Mobilisation Payment for any set up costs or to obtain an Asset, so long it is required to operate the Ferry Service as detailed within this Specification and the Method Statement.
The amount of Subsidy claimed cannot exceed the relevant costs, and a Reasonable Profit, in order that there is no over compensation. The parameters for calculating the Subsidy have therefore been set in advance and shall be as follows:
(Cost + thirty percent (30 %) Reasonable Profit) – Revenue = Subsidy
This calculation will be applied on the 31.3.2018.
Any Excess Payment must be returned to the Authority.
It will be a requirement to submit a Financial Model and accompanying Justification method statement as part of the tender submission. Where an Applicant makes unrealistic or unsupportable or unachievable assumptions or forecasts which cannot be supported by clear evidence itwill be assessed as a fail. Responses scored as a fail are considered to have failed this section in its entirety and as such shall be deselected from participating further in the process and notified accordingly.
Further information is provided in the tender documents
The SGEI public service subsidy being provided as part of this tender does not constitute state aid and therefore there is no requirement to notify the European Commission because the following rules, established as part of the landmark Altmark judgement, have been satisfied:
— There is a clearly defined public service obligation
— The parameters for calculating the subsidy have been established in advance in and objective and transparent manner.
— The Subsidy will not exceed the relevant costs and a reasonable profit and
— The provider will be chosen following a public procurement procedure.
Tender submissions must comply with the rules above and once appointed the Ferry Operator must continue to comply with these rules in relation to the operation of the ferry contract to ensure that the Subsidy provided as part of the contract does not constitute state aid. The Authority shall be entitled to request information to verify that there has been compliance with the rules. For further information regarding the Subsidy and parameters for calculating and managing the Subsidy available please refer to Volume Two (2) Specification, Section One Available Subsidy and Financial Justification.
The EU Maritime Cabotage Regulation provides that Member States may impose public service contracts in order to ensure the adequacy of regular maritime transport services where Community ship owners if they were considering their own commercial interest would not provide services of an adequate level or under the same conditions.
The ferry service to be provided is in the nature of public service contracts and is therefore being tendered in line with the EU Maritime Cabotage Regulation and relevant EU procurement regulations and guidelines.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Where an Applicant wishes to make its application as a Consortium or utilising sub-contractors the Authority advises the group of organisations to select a Lead Applicant in whose name the ITT response is to be submitted. The Lead Applicant is advised to confirm precisely what the arrangements are within the ITT submission including providing the names of all of the organisations to be involved, the nature and extent of their involvement and proposals regarding the structure and management of the Consortia or arrangements. Such details should be provided within Volume (3) Three Award and Volume (5) Five Forms and should enable the Authority to assess the overall consortia or core supply base.
The Lead Applicant should provide details of the actual or proposed percentage shareholding of the constituent members within the Consortium or the exact nature of and degree to which the Services will be sub-contracted.
Applicants that wish to make a submission as Consortia or sub-contractor are discouraged from also making their own individual application or from participating in more than one (1) consortium or providing sub-contracting arrangements for multiple Lead Applicants.
The Authority recognises that arrangements in relation to consortia and sub-contracting may (within limits) be subject to future change. Applicants should therefore respond to this opportunity in the light of the arrangements as they are currently envisaged. Applicants are informed that any future change in relation to consortia and sub-contracting must be notified to the Authority during the procurement process or in the event that they are the successful Contractor and in any event as soon as that change is known. The Authority may then make a further evaluation of that Applicant or Contractor by applying the Qualification criteria to the new information provided. In the event that the Authority’s evaluation of the new information results in an outcome that is different from the original, the Authority reserves the right to deselect that Applicant from the process on those grounds and the Applicant shall be notified accordingly. As such, the Lead Applicant shall undertake to ensure that any change to its consortia or sub-contractors shall not have a negative impact upon the arrangements.
If a Consortium is not proposing to form a corporate entity, full details of alternative proposed arrangements should be provided. Where the proposed Lead Applicant is a special purpose vehicle or holding company, information should be provided regarding the extent to which it will call upon the resources and expertise of its members.
Please note that the Authority reserves the right to require a successful Consortium to form a single legal entity in accordance with regulation 28 of the Public Contracts Regulations 2006.
Further information is provided in the tender documents
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The Operator must submit a financial model and justification. This ensures the Operator will become commercially viable and also demonstrates the required subsidy required for the service.
Where an Operator makes unrealistic or unsupportable or unachievable assumptions or forecasts which cannot be supported by clear evidence or has not met the minimum requirements of what should be included in the Financial Model will constitute a fail.
Responses scored as a fail are considered to have failed this section in its entirety and as such shall be deselected from participating further in this process and notified accordingly.
The Operator must provide and operate a suitable Vessel(s) for the Service proposed which must meet a minimum specification requirement and must be registered with a reputable classification society. Further information is provided within the tender documents.
There are further requirements around minimal timetable requirements, ticketing and fares and travel information, please refer to the tender documents for further information.
A Method Statement will be required, in four (4) sections. These sections are:
I. Finance and Contract
II. Mobilisation
III. Operation
IV. Market Development
The Method Statement must be submitted as part of the evaluation process
The Contract is subject to a performance regime. The Performance Framework sets out the Performance Deduction Regime for failure to meet the required standards in Ferry Service reliability. Such deductions, where necessary, will be made in accordance with the payment of Subsidy during such periods of payment and thereafter shall be invoiced at the end of each Financial Year accordingly.
Further information regarding all specification requirements regarding the service is 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: Any supplier may be disqualified who:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26 May 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j)has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering.
Information and formalities necessary for evaluating if requirements are met:
Details of this can be found within the Tender documentation.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (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 3 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 of these turnovers is available.
Information and formalities necessary for evaluating if requirements are met:
Details of this can be found within the Tender documentation.
Minimum level(s) of standards possibly required: Details of this can be found within the Tender documentation.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Information and formalities necessary for evaluating if requirements are met:
Details of this can be found within the Tender documentation.
Minimum level(s) of standards possibly required:
Details of this can be found within the Tender 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

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:

T16112PL
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: 11.10.2013
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

11.10.2013 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

16.8.2013
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

Date: 11.10.2013 – 12:00
Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure:

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): The Local Sustainable Transport Fund (LSTF)
VI.3)Additional information
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Please refer to the following link, which will detail the lodging of appeals process: www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals .htm

Body responsible for mediation procedures
Please refer to the following link, which will detail the lodging of appeals process: www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals .htm

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Please refer to the following link, which will detail the lodging of appeals
process:
www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals .htm

VI.4.3)Service from which information about the lodging of appeals may be obtained

Please refer to the following link, which will detail the lodging of appeals process: www.torbay.gov.uk/index/business/procurement/tenderprocess/tender_appeals .htm

VI.5)Date of dispatch of this notice:9.8.2013