Mixed tenure housing development in Newbury

Mixed tenure housing development in Newbury

The Council is seeking to appoint a provider to develop a mixed housing development on Council land situated in Newbury. The Council has commissioned an independent feasibility study which indicated that a medium density development would be most appropriate for the location.

UK-Newbury: building construction work

2012/S 212-349733

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

West Berkshire District Council
Council Offices, Market Street
Contact point(s): Legal Services
For the attention of: Contracts & Procurement Officer
RG14 5LD Newbury
UNITED KINGDOM
Telephone: +44 1635519415
E-mail: msullivan@westberks.gov.uk
Fax: +44 1635519431

Internet address(es):

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

Address of the buyer profile: http://westberks.klickstream.com/search/Search_AuthProfile.aspx?ID=AA0003

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

Housing and community amenities
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:

Mixed tenure housing development in Newbury.
II.1.2)Type of contract and location of works, place of delivery or of performance

Works
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities
Main site or location of works, place of delivery or of performance: South Newbury, Berkshire, UK.
NUTS code UKJ11

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 Council is seeking to appoint a provider to develop a mixed housing development on Council land situated in Newbury. The Council has commissioned an independent feasibility study which indicated that a medium density development would be most appropriate for the location.
The current expectation is that the site will offer a minimum of 23 units of accommodation, a mix of housing and flats. 16 units will be offered at affordable rent (12 as supported accommodation for vulnerable people let through a local lettings plan, with the additional requirement of office/communal space, and 4 units for general needs accommodation) and the remaining 7 units for open market sale or private lets. Applicants must be able to demonstrate evidence that they have experience of working with local authorities, housing and social care.
This is Council owned land which has been cleared ready to develop. The successful provider will need to obtain full planning permission for the site, with an anticipated start on site date of August 2013. A land sale will form part of this procurement exercise.
The Council is seeking a provider that will both develop the site and deliver the housing management. The successful provider will be responsible for the maintenance of the properties and nomination rights for the social tenancies through the Council’s Choice Based Lettings Scheme. Any care provision will be commissioned separately.
Important note: the estimated value stated in section II.2.1 is the estimated cost to the successful provider for the development, including purchase of the site. The Council’s preference is not to pay any subsidy, or any other monies, to the successful provider in respect of the development. However the Council is prepared to consider any proposals which include a Council subsidy at the negotiation stage. In such circumstances the Council will consider the effect of a subsidy in evaluating the most commercially attractive and economically advantageous offer.
Note: to register your interest in this notice and obtain any additional information please visit the West Berkshire Web Site at http://westberks.klickstream.com/Search/Search_Switch.aspx?ID=10287.

II.1.6)Common procurement vocabulary (CPV)

45210000, 45211000, 45211100, 45211200, 45211350, 45215210, 45215220, 45000000, 45211341, 45211340, 70333000, 71240000, 75123000

II.1.7)Information about Government Procurement Agreement (GPA)
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:

Estimated value excluding VAT: 4 000 000 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals

This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

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

Parent company and/or other guarantees of performance and financial liability may be required by the Council if considered appropriate.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

It is a mandatory condition that the successful provider makes a capital payment to the Council in respect of the site purchase. Applicants should note that the Council’s preference is not to pay any subsidy, or any other monies, to the successful provider in respect of the development. However the Council is prepared to consider any proposals which include a Council subsidy at the negotiation stage. In such circumstances the Council will consider the effect of a subsidy in evaluating the most commercially attractive and economically advantageous offer.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

If the contract is awarded to a grouping of economic operators (e.g. a consortium), the Council reserves the right to require the grouping to form a single legal entity (with appropriate financial guarantees in place) and/or require that each member undertakes joint and several liability irrespective of the legal form adopted.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The successful provider will be required to obtain planning consent within four months of the contract award. Legal transfer of the site from the Council to the successful provider will not occur until the development is finalised.
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 suitability of candidates will be assessed in accordance with Regulation 23 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.
III.2.2)Economic and financial ability

Minimum level(s) of standards possibly required: Candidates will be assessed in accordance with Regulation 24 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.
III.2.3)Technical capacity

Minimum level(s) of standards possibly required:
Candidates will be assessed in accordance with Regulation 25 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
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

Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures) no
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged number of operators: 3
Objective criteria for choosing the limited number of candidates: Based upon the evaluation criteria stated within the Technical Questionnaire provided with the Pre-Qualification Questionnaire.
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:

P353
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate

30.11.2012 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

18.12.2012
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

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
VI.3)Additional information

1. Applicants must register on the Council’s Procurement Portal – http://westberks.klickstream.com/. Once registered candidates will be able to download the Pre-Qualification Questionnaire (PQQ).

2. Once an applicant is registered, all communication in respect of this procurement must be submitted via the Procurement Portal.
3. It is the responsibility of each applicant to ensure that it complies with all of the requirements set out in the PQQ. Failure to submit a compliant PQQ response before the response deadline (12:00 on 30 November 2012) will result in exclusion from the procurement process. Applicants are advised to allow adequate time for uploading documents and to dispatch the electronic response via the Procurement Portal well in advance of the deadline to avoid any last minute problems. The postbox closes precisely at the time stated and no late submissions will be accepted.
4. Consortia applications are permitted.
5. Any change in the identity, control of or relationships within an applicant (including any change in the membership of a consortium) or any member of a consortium that occurs after your PQQ response has been submitted, must be promptly notified in writing to the Council. The Council may, in its absolute discretion, decide that the changes disqualify/preclude the applicant from any further participation in the procurement process. The Council reserves the right to request such further information as it considers reasonably necessary in relation to any change that comes to its attention.
6. The Council reserves the right to disqualify any applicant where, in its absolute discretion, it believes that there is any actual or potential conflict of interest if the applicant takes part in the procurement process and/or should the applicant be successful in this procurement process. Actual or potential conflicts of interest include those that come to the Council’s attention other than as a result of you notifying us of those conflicts. All such actual or potential conflicts must be resolved to the Council’s satisfaction in order for the Council to consider you remaining as part of the procurement process. Failure to declare any conflict and/or failure to address such conflicts to the reasonable satisfaction of the Council may result in you being disqualified. You accept a continuing obligation throughout the procurement process to notify the Council of any changes, which includes any new actual or potential conflicts arising.
7. Please note that conflicts of interest can include (without limitation):
a. conflicts that arise from professional or personal connections between you or your staff and the Council or any of the Council’s staff; or
b. situations where you are connected to multiple PQQ responses including (without limit) a response in your own name and as a subcontractor and/or as a consortia member.
8. In the event of a dispute as to whether any matter gives rise to an actual or potential conflict the Council’s decision is final.
9. Applicants should note that the Council reserves the right to:
a. Cancel this procurement at any stage;
b. Not to award a contract;
c. Accept all or part of any tender unless the applicant/bidder expressly stipulates otherwise;
d. Make any changes it sees fit to the procurement process;
e. Disqualify any applicant found to have misrepresented the facts in relation to its responses to any question within the PQQ response;
f. Remove and/or amend element(s) from scope of the requirements; and/or
g. Seek clarification or verification from an applicant/bidder at any time during the procurement process (but is under no obligation to do so).
10. In no circumstances will the Council be liable for any costs incurred by applicants associated with this procurement process.
11. The estimated value of this works contract is below the relevant threshold; accordingly this procurement process is not subject to Directive 2004/18/EC nor the Public Contracts Regulations 2006 (PCR). The Council has nevertheless elected to issue this OJEU Notice on a voluntary basis and intends to follow a process similar to the negotiated procedure. For the avoidance of doubt however the Council does not accept that it is bound to comply with the Directive or the Regulations in any way. Furthermore even if the estimated value was above-threshold (which is not the case), the proposed contract would be governed by regulation 35 (subsidised housing scheme works contract) of the PCR.
12. During the tender period, tenderers will be required to maintain the tender for a period of 4 months from the date stated for receipt of tender.
(WB Ref:10287).

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Head of Legal Services
West Berkshire District Council, Council Offices, Market Street
RG14 5LD Newbury
UNITED KINGDOM

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Council intends to incorporate a voluntary minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to bidders.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:31.10.2012