Frequent ferry service between Torquay Harbour and Brixham Harbour

Frequent ferry service between Torquay Harbour and Brixham Harbour

Torbay – frequent ferry service across the Bay between Brixham Harbour in the south and Torquay Harbour in the north. The aim of this ferry service is to provide a regular all year round service between the towns.

UK-Torquay: transport services (excl. Waste transport)

2012/S 214-354050

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: Mrs 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: Supplying the Southwest
Internet address: www.supplyingthesouthwest.org.uk

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

Tenders or requests to participate must be sent to: Supplying the Southwest
Internet address: 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:

Frequent 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 – frequent ferry service across the Bay between Brixham Harbour in the south and Torquay Harbour in the north. The aim of this ferry service is to provide a regular all year round service between the towns.
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)

Torbay Council is developing a package of sustainable transport measures aimed at regenerating the English Riviera through the Local Sustainable Transport Fund (LSTF).
A key element of this package is the development of a frequent ferry service across the Bay. Journey distances will be reduced by up to fifty per cent (50 %) creating an attractive route for all users. Journey times will also be considerably improved compared to both private car and public transport releasing capacity upon Torbay’s road network.
The aim of this tender is to procure a ferry service for the provision of carriage of passengers and bicycles that will operate between Brixham Harbour and Torquay Harbour, and return. The Service will operate between Brixham Harbour (East Quay) and Torquay Harbour (Beacon Quay).
The distance is approximately 4,2 miles long. It will accommodate a minimum of one hundred and fifty (150) passengers and eight (8) bicycles and must meet minimum specification requirements detailed in Volume Two (2) Specification.
This ferry service will provide a regular all year round service between the towns, providing an alternative mode of travel for both commuters and visitors.
This service will be subsidised through a public service contract complying with the Cabotage Regulation and the EU maritime State Aid rules. A subsidy will be available from the first month of service commencement until the 31.3.2015. From April 2015 it is a requirement that the service will be commercially viable, therefore no further subsidy will be available.
This tender is for a five (5) year contract with an option to extend a further year. Operators will not be allowed to be released from the contract prior to the completion of this five (5) year period, unless extenuating and extreme circumstances can be demonstrated. The Authority reserves the right to retrieve subsidies paid, or assets to the value of such subsidy payments, should the operator cease trading within the timeframe of the contract.
A number of ferry services are already in operation within Torbay during the summer months. These provide links between all three Tor bay Harbours (Brixham, Paignton and Torquay) and also to locations further afield along the coast. The aim is for the new ferry service to complement the existing transport operators, by providing an all year round, frequent and convenient service directly between Torquay and Brixham able to serve commuters.
Alongside the ferry service contract, a “design and build” tender to construct new pontoons at both Torquay and Brixham is currently being procured. As such the commencement date for the ferry service cannot start until the Pontoons have been built, current planned completion date is mid April 2013.
Furthermore the authority intends to procure a bus service outside of this tender to facilitate an integrated transport system. The successful ferry operator must work with the authority to ensure the timetables of the ferry integrate with other public transport modes.
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): 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:

The contract is for five years plus an option to extend for a further year.
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.
The contract value stated is the maximum subsidy available subject to the subsidy calculation formula, however the actual Contract Value may be significantly higher.
A subsidy is available which reduces over the first two (2) years of the Contract and is intended to enable the ferry to become commercially operational by the 1st April 2015.
The maximum subsidy available to the operator each year is as follows:
— 2013/14 FY– 350 000 GBP,
— 2014/15 FY– 325 000 GBP.
The basic calculation of any subsidy claim will be:
(cost + an agreed level of profit margin (10 %)) – revenue = subsidy.
This calculation means that the costs to the operator of providing the services, allowing for an agreed level of profit margin, less the revenues that the service generates, including if applicable grants and contributions from other bodies provides the amount of Subsidy that will be required.
If the operator’s revenue is greater than its costs (plus agreed profit of 10 %) no subsidy will be payable.
The subsidy will be payable following service commencement in monthly instalments in arrears for the two financial years of subsidy that are available.
If the maximum subsidy is not claimed in any one year, any underpayment cannot be transferred to, a later financial year. Additionally there can be no increase in the amount of subsidy for any of the given years and no payments or subsidy can be brought forward from future financial years.
The subsidy cannot exceed relevant costs and a reasonable profit. In order to meet this requirement, because the payments are based upon financial projections, excess payments must be clawed back at the end of each accounting period.
At the end of each accounting period there will be a requirement to submit an actual outcome statement and excess subsidy payments will be subject to clawback.
After completing the actual outcome statement, if it is calculated that the operators revenue is greater than its costs (plus agreed level of profit margin) then the overpayment of subsidy must be repaid within thirty (30) days of receipt of invoice or deducted from the following years subsidy payment. The future subsidy payments will be based upon the revised actual outcome statement figures.
After 1.4.2015 it is expected that the Service will be commercially viable therefore no further subsidy will be available.
Estimated value excluding VAT: 675 000 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: 72 (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:

This service will be subsidised through a public service contract complying with the Cabotage Regulation and the EU maritime State Aid rules.
A subsidy is available which reduces over the first two (2) years of the contract and is intended to enable the ferry to become commercially operational by the 1.4.2015.
The maximum Subsidy available to the Operator each year is as follows:
— 2013/14 FY– 350 000 GBP,
— 2014/15 FY– 325 000 GBP.
The basic calculation of any subsidy claim will be: (cost + an agreed level of profit margin (10 %)) – revenue = subsidy.
This calculation means that the costs to the operator of providing the services, allowing for an agreed level of profit margin, less the revenues that the service generates, including if applicable grants and contributions from other bodies provides the amount of subsidy that will be required.
If the operator’s revenue is greater than its costs (plus agreed profit of 10 %) no subsidy will be payable.
The subsidy will be payable following service commencement in monthly instalments in arrears for the 2 financial years of subsidy that are available.
If the maximum subsidy is not claimed in any one year, any underpayment cannot be transferred to a later financial year. Additionally there can be no increase in the amount of subsidy for any of the given years and no payments or subsidy can be brought forward from future financial years.
The subsidy cannot exceed relevant costs and a reasonable profit. In order to meet this requirement, because the payments are based upon financial projections, excess payments must be clawed back at the end of each accounting period.
At the end of each accounting period there will be a requirement to submit an actual outcome statement and excess subsidy payments will be subject to clawback.
After completing the actual outcome statement, if it is calculated that the operators revenue is greater than its costs (plus agreed level of profit margin) then the overpayment of subsidy must be repaid within thirty (30) days of receipt of invoice or deducted from the following years subsidy payment. The future subsidy payments will be based upon the revised actual outcome statement figures.
After 1.4.2015 it is expected that the service will be commercially viable therefore no further subsidy will be available.
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.
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 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 the timetable, ticketing and fares and travel information, please refer to the tender documents for further information.
In support of operating an effective and efficient Service for the duration of the contract period the following plans are required:
Mobilisation plan;
Operational management plan;
Market development plan.
The plans must be submitted as part of the evaluation process.
The contract is subject to a performance regime. For serious defaults on performance of the contract the authority will issue an action notice requiring the operator to prepare a rectification plan which will set out steps (to be agreed with the authority) to remedy a default within a certain timescale, failure to comply with which may result in termination of the contract.
There is also a performance framework set out on the tender documents which sets out a deduction regime for failure to meet certain standards within the contract.
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 26.5.1972 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 10.6.1991 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 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 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:
(a) a list of the works carried out over the past 5 years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services provided in the past three years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given:
— where the recipient was a contracting authority, in the form of certificates issues or countersigned by the competent authority,
— where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator;
(c) an indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(d) a description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking’s study and research facilities;
(e) where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capabilities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) the educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) for public works contracts and public services contracts, and only in appropriate cases, and indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last three years;
(i) a statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contracts;
(j) an indication of the proportion of the contract which the services provider intends possibly to subcontract;
(k) with regard to the products to be supplied: (i) samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so request; (ii) certificates drawn up by official quality control institutes or agencies of recognized competence attesting the conformity of products clearly identified by references to specifications or standards.
Information and formalities necessary for evaluating if requirements are met:
Maybe some or all of the above. Please refer to the tender documents for further details.
Any supplier may be disqualified who does not respond in the requisite manner by completing the tender document as detailed and attached within the electronic tendering system, Pro Contract 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

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

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
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: 10.1.2013 – 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

10.1.2013 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

9.11.2012
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

Date: 10.1.2013 – 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

Bidders Day:
Applicants are invited to attend a Bidders Day on:
Date: Friday 23.11.2012.
Time: 9:30 – 15:30.
Location: Living Coast, Torquay.
Lunch will be provided.
In order to manage numbers places are limited to Four (4) per organisation or bidding consortia. Applicants who would like to attend are required to email adam.luscombe@torbay.gov.uk to book a place.

The aim of the Bidders Day is to provide an overview of the requirements and the tender application process, have an opportunity for Applicants to ask any questions they may have and to provide an opportunity for applicants to visit the Pontoon sites in both towns.
This service will be subsidised through a public service contract complying with the EU Maritime Cabotage Regulation and the EU State Aid rules.
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.

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:5.11.2012