Financial and Commercial Advice Contract

Financial and Commercial Advice Contract

The Department of Energy and Climate Change (the Contracting Authority) is looking to appoint a successful Supplier to provide financial and commercial advice for the development and negotiation of the Contracts for Difference and Project Contracts with each of the 2 CCS Commercialisation Programme preferred bidders.

United Kingdom-London: Financial consultancy, financial transaction processing and clearing-house services

2013/S 242-421306

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Department Of Energy and Climate Change
55 Whitehall
Contact point(s): Agent (for this procurement only): Government Procurement Service, 9th Floor, The Capital, Old Hall Street, Liverpool L3 9PP
SW1A 2EY London
UNITED KINGDOM
Telephone: +44 3450103503
E-mail: managedcontracts@gps.gsi.gov.uksupplier@gps.gsi.gov.uk

Internet address(es):

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

Address of the buyer profile: https://gpsesourcing.cabinetoffice.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

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

Other: Public Procurement
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:

CCS Commercialisation Programme – Financial and Commercial Advice Contract.
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: London.
NUTS code UK

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 Department of Energy and Climate Change (the Contracting Authority) is looking to appoint a successful Supplier to provide financial and commercial advice for the development and negotiation of the Contracts for Difference and Project Contracts with each of the 2 CCS Commercialisation Programme preferred bidders.
The Contracting Authority is currently undertaking discussions with the 2 preferred bidders to agree terms for FEED studies with contracts expected to be awarded shortly.
The Contracting Authority will then commence negotiating the terms of the Project Contracts and the Contracts for Difference.
The full scope of the requirement is available at section II.2.1) of this notice and further information on the required Services for this Contract can be found in Attachment 2 – Statement of Requirements accessible the Agent’s website.
II.1.6)Common procurement vocabulary (CPV)

66170000, 66000000, 71314300, 72221000, 79221000, 79412000

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: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

The scope of the CCS Commercialisation Programme – Financial and Commercial Advice Contract is as follows:
The Potential Provider will support the CCS Commercialisation Programme – Financial and Commercial Advice Contract in all aspects of the development, negotiation and closing of the Project Contracts and Contracts for Difference with the 2 preferred bidders.
The Potential Provider will be expected to focus on the financial and commercial aspects of the contracts including but not limited to:
— Commercial terms of the Project Contracts and Contracts for Difference;
— Financial and commercial structuring of all the contracts;
— Production of financial models (to include at least a shadow bid model to inform potential walk-away positions);
— Evaluation and analysis of the Financial FEED Deliverables, including but not limited to:
— Contractual Arrangements;
— Tax and Accounting Analysis; and
— Investment Analysis.
Interfacing with legal and technical work streams, as well as other advisers.
The Potential Provider will be expected to play a major role in the negotiations of key commercial and financial aspects of the contracts with the 2 preferred bidders.
In addition, the Potential Provider, will be required to support Office of Carbon Capture & Storage (OCCS) governance and management such as contributing content for business cases, presentations, and supporting assurance activities etc.
Further information on the required Services for this Contract can be found in Attachment 2 – Statement of Requirements accessible the Agent’s website.
This Procurement is being managed and facilitated by Government Procurement Service (referred to as the “Agent”). The Agent is acting on behalf of the Contracting Authority throughout the procurement process.
The Carbon Capture And Storage Programme (CCS) – Financial and Commercial Advice Contract will be between the successful Supplier and the Contracting Authority, not the Agent.
Estimated value excluding VAT:
Range: between 2 500 000 and 3 000 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: The Contract is for a period of 2 years with the Contracting Authority retaining the prerogative to extend the Contract for a further 2, 12 month periods.
Provisional timetable for recourse to these options:
in months: 24 (from the award of the contract)
II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 2
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 12 (from the award of the contract)
II.3)Duration of the contract or time limit for completion

Duration in months: 24 (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:

Potential Providers will be advised if this is necessary during the procurement. Parent company and/or other guarantees of performance and financial liability may be required by the Agent if considered appropriate.
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:

No special legal form is required but if a Contract is awarded to a consortium, the Contracting Authority/Agent may require the consortium to form a legal entity before entering into the Contract
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: Potential Providers will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to an Invitation to Tender (“ITT”).
This procurement will be managed electronically via the Agent’s e-Sourcing Suite. To participate in this procurement, Potential Providers must first be registered on the e-Sourcing Suite.
If you have not yet registered on the e-Sourcing Suite, this can be done online at https://gpsesourcing.cabinetoffice.gov.uk by following the link ‘Register for GPS eSourcing’. Please note that, to register, you must have a valid DUNS number (as provided by Dun and Bradstreet) for the organisation which you are registering, who will be entering into a Contract if invited to do so. Full instructions for registration and use of the system can be found at:

http://gps.cabinetoffice.gov.uk/i-am-supplier/respond-tender

Once you have registered on the e-Sourcing Suite, a registered user can express an interest for a specific procurement. This is done by emailing expressionofinterest@gps.gsi.gov.uk

Your email must clearly state: the name and reference for the procurement you wish to register for; the name of the registered supplier; and the name and contact details for the registered individual sending the email. The Agent will process the email and then enable the supplier to access the procurement online via the e-Sourcing Suite. The registered user will receive a notification email to alert them once this has been done.
As a user of the e-Sourcing Suite you will have access its email messaging service which facilitates all messages sent to you and from you in relation to any specific RFX event. Please note it is your responsibility to access these emails on a regular basis to ensure you have sight of all relevant information.
For technical assistance on use of the e-Sourcing Suite please contact the Agent’s Helpdesk : Freephone: +44 3450103503
email: supplier@gps.gsi.gov.uk

Responses must be published by the date in IV.3.4).

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Potential Providers will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to an ITT.
The ITT can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1)

The Agent may take into account any of the following information:
(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 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 on these turnovers is available.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Potential Providers will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to an ITT.
The ITT can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1)

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

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:

RM1079
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

29.1.2014 – 15:00
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: 120 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders

Date: 29.1.2014 – 15:00
Place:

Electronically, via web-based portal.

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 Procurement is being managed and facilitated by Government Procurement Service (referred to as the Agent). The Agent is acting on behalf of the Contracting Authority throughout the procurement process.
The Carbon Capture and Storage Programme – Financial and Commercial Advice Contract will be between the successful Supplier and the Contracting Authority, not the Agent.
Potential Providers should note that, in accordance with the UK Government’s policies on transparency, the Agent intends to publish the Selection and Award Questionnaires, Invitation to Tender (ITT) document and the text of any Contract awarded, subject to possible redactions at the discretion of the Agent. Further information on transparency can be found at:
http://gps.cabinetoffice.gov.uk/about-government-procurement-service/transparency-and-accountability/transparency-procurement

The Agent expressly reserves the right
(i) not to award the Contract as a result of the procurement process commenced by publication of this notice; and
(ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will either the Agent or the Contracting Authority be liable for any costs incurred by the candidates. If the Contracting Authority decides to enter into a Contract with the successful supplier, this does not mean that there is any guarantee of subsequent contracts being awarded. Any expenditure, work or effort undertaken prior to Contract award is accordingly a matter solely for the commercial judgement of potential suppliers.
The duration of the Contract is for an initial2years with the option to extend a further 1 and 1 Years. Thus the potential duration of the Contract is 2+1+1 Years.
The value provided in Section II.2.1 is only an estimate and is based on the initial 2 year duration.
Note: There is no appeal as such to a decision on whether or not to award the Contract but if you wish to make representations to the Agent about the conduct or outcome of the procurement you should email the Agent at the address stated in Section I.1).
A party who feels that there has been a breach of procurement law may apply to the High Court for one of the remedies available under the Public Contracts Regulations 2006.

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:12.12.2013