North Wales Schools and Public Buildings Contractor Framework

North Wales Schools and Public Buildings Contractor Framework

The Framework will primarily be used to deliver projects funded through the “21st Century Schools Programme” (www.21stcenturyschools.org) (the “Schools Programme”), as well as wider public building developments, across the administrative areas of the Framework Authorities (each a “Project”).

United Kingdom-Ruthin: Construction work

2013/S 166-288015

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Denbighshire County Council
County Hall, Wynnstay Road
For the attention of: Tania Silva
Ll15 1YN Ruthin
UNITED KINGDOM
Telephone: +44 1824706897
E-mail: tania.silva@denbighshire.gov.uk

Internet address(es):

General address of the contracting authority: www.denbighshire.gov.uk

Address of the buyer profile: http://www.sell2wales.gov.uk/search/Search_AuthProfile.aspx?ID=AA0280

Further information can be obtained from: Denbighshire County Council
Caledfryn, Smithfield Road
Contact point(s): Property Services
For the attention of: Tania Silva
LL16 3RJ Denbigh
UNITED KINGDOM
Telephone: +44 1824706897
E-mail: tania.silva@denbighshire.gov.uk
Internet address: www.denbighshire.gov.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Denbighshire County Council
Caledfryn, Smithfield Road
Contact point(s): Property Services
For the attention of: Tania Silva
LL16 3RJ Denbigh
UNITED KINGDOM
Telephone: +44 1824706897
E-mail: tania.silva@denbighshire.gov.uk
Internet address: https://www.proactisplaza.com/?cid=DCC

Tenders or requests to participate must be sent to: Denbighshire County Council – Via Proactis Portal
Via Proactis Portal, Via Proactis Portal
Contact point(s): Via Proactis Portal
For the attention of: Via Proactis Portal
LL15 1YN Via Proactis Portal
UNITED KINGDOM
Telephone: +44 1824712677
Internet address: https://www.proactisplaza.com/?cid=DCC

I.2)Type of the contracting authority

Regional or local authority
I.3)Main activity

General public services
Public order and safety
Environment
Economic and financial affairs
Housing and community amenities
Social protection
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

Welsh Assembly Government

Arts Council of Wales

Care Council for Wales

Careers Wales

Data Unit Wales

Local Government Boundary Commission

National Library of Wales

National Museum & Galleries Wales

National Resources Wales

Royal Commission for Ancient & Historical Monuments of Wales

Social Security Improvement Agency (SSIA)

Sports Council for Wales

Wales Centre for Health

Welsh Language Board

Children’s Commissioner for Wales

Estyn

General Teaching Council for Wales

HEFCW

Snowdonia National Park

Wales Audit Office

Conwy County Borough Council

Conwy Schools

Denbighshire County Council

Denbighshire Schools

Flintshire County Council

Flintshire Schools

Gwynedd County Council

Gwynedd Schools

Isle of Anglesey County Council

Isle of Anglesey Schools

Wrexham County Borough Council

Wrexham Schools

Town & Community Councils

Glyndwr University

University of Wales Bangor

Coleg Harlech WEA North

Grwp Llandrillo- Menai

Deeside College

Yale College Wrexham

North Wales Fire and Rescue Service

North Wales Police

Wales Environment Trust

Capital Region Tourism

Cynnal Cymru

Welsh Local Government Association

WRAP

Court Services

DVLA

Food Standards Agency

Office For National Statistics

Royal Mint

The Carbon Trust

One Voice Wales (Town & Community Councils)

The Patent Office

Companies House

Parliamentary Service (National Assembly for Wales Commission)

Colleges Wales (Formally Fforwm)

Section II: Object of the contract

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

North Wales Schools and Public Buildings Contractor Framework.
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: North Wales.
NUTS code UKL13

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 15
Duration of the framework agreement

Duration in years: 4
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 176 000 000 and 270 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

Denbighshire County Council (the “Lead Authority”), for and on behalf of itself and as a central purchasing body for each of Conwy County Borough Council, Flintshire County Council, Gwynedd County Council, Wrexham County Borough Council and Anglesey County Council and each of the public bodies set out at paragraph VI.2 of this OJEU Contract Notice (each a “Framework Authority” and collectively the “Framework Authorities”) hereby invite tender submissions from suitably experienced and qualified contractors (each a “Contractor”) in connection with the Framework Authorities’ proposed framework arrangements as more particularly described in this OJEU Contract Notice (each a “Framework”).
The Framework will primarily be used to deliver projects funded through the “21st Century Schools Programme” (www.21stcenturyschools.org) (the “Schools Programme”), as well as wider public building developments, across the administrative areas of the Framework Authorities (each a “Project”).

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
In order to deliver the Programme (or any part thereof) in a timely and co-ordinated way, the Framework Authorities are seeking to appoint a number of Contractors under a series of framework agreements (each a “Contractor Framework Agreement”) which will allow each of the Framework Authorities to individually commission specialist construction works and services, including modular construction where practical i,n relation to any aspect of the Programme (referred to collectively herein as the “Works”) and each Project.
Consortia bids and bids from joint vehicles are also invited in principle and the full requirements of the Framework Authorities in respect of such bids will be set out in the Invitation to Tender documentation.
The Framework Authorities have divided their requirement for Works under a number of lots (each a “Lot”) based upon the following estimated values of the Projects that the Framework Authorities anticipate will be delivered under the Frameworks:
Lot 1 – between GPB 4.35 million and GPB 7.5 million
Lot 2 – between GBP 7.5 million and GPB 15 million
Lot 3 – exceeding GBP 15 million
GBP 4.35 million is linked to the current OJEU threshold for Works as determined by the European Commission.
The Lead Authority reserves the right, if the OJEU works threshold is reduced prior to the award of the framework agreement, to adjust accordingly the value of projects deliverable under the value band of Lot 1
The Framework Authorities anticipate that a number of different types of building contract (each a “Building Contract”) may be utilised under the Frameworks at the discretion of each Framework Authority, including but not limited to:
– the JCT Standard Building Contract 2011;
– the JCT Design & Build Contract 2011;
– the ACA Standard Form of Contract for Project Partnering known as PPC2000 (amended 2008);
– the NEC 3 Engineering & Construction Contract; or
– the NEC Professional Services Contract (3rd Edition),
The form of Building Contract in respect of each Project will include any bespoke amendments as required by each of the Framework Authorities and as notified to Contractors at mini-competition stage under the Framework.
It is intended that all Contractors appointed under a Lot will be invited to partake in each mini-competition in respect of that Lot, subject to the requirements, processes and reservations set out in each Contractor Framework Agreement.
In addition to the construction of schools, the following public sector buildings (as more particularly summarised by the CPV Codes in this OJEU Contract Notice) may be delivered under the Framework at the sole discretion of each of the Framework Authorities:
– primary schools
– secondary schools
– high schools
– sixth form facilities
– early years
– nursery / day care
– SEN provision
– leisure facilities
– council and other offices
– visitor centres
– storage buildings
– community facilities
– emergency services
It is anticipated that the Frameworks will commence in January 2014 but this date is subject to change at the sole discretion of the Framework Authorities.
NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site at http://www.sell2wales.gov.uk/Search/Search_Switch.aspx?ID=1582.

II.1.6)Common procurement vocabulary (CPV)

45000000, 45210000, 45100000, 45212000, 45212100, 45212200, 45212300, 45212400, 45212500, 45212600, 45214000, 45214100, 45214200, 45214300, 45214400, 45214600, 45214700, 45214800, 45215000, 45215100, 45215200, 45215300, 45215400, 45215500, 45216000, 71000000, 45211000, 45214500, 44211100

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: yes
Tenders may be submitted for one or more lots
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:

Denbighshire County Council (the “Lead Authority”), for and on behalf of itself and as a central purchasing body for each of Conwy County Borough Council, Flintshire County Council, Gwynedd County Council, Wrexham County Borough Council and Anglesey County Council and each of the public bodies set out at paragraph VI.2 of this OJEU Contract Notice (each a “Framework Authority” and collectively the “Framework Authorities”) hereby invite tender submissions from suitably experienced and qualified contractors (each a “Contractor”) in connection with the Framework Authorities’ proposed framework arrangements as more particularly described in this OJEU Contract Notice (each a “Framework”).
The Framework will primarily be used to deliver projects funded through the “21st Century Schools Programme” (www.21stcenturyschools.org) (the “Schools Programme”), as well as wider public building developments, across the administrative areas of the Framework Authorities (each a “Project”).

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
In order to deliver the Programme (or any part thereof) in a timely and co-ordinated way, the Framework Authorities are seeking to appoint a number of Contractors under a series of framework agreements (each a “Contractor Framework Agreement”) which will allow each of the Framework Authorities to individually commission specialist construction works and services in relation to any aspect of the Programme (referred to collectively herein as the “Works”) and each Project.
Consortia bids and bids from joint vehicles are also invited in principle and the full requirements of the Framework Authorities in respect of such bids will be set out in the Invitation to Tender documentation.
The Framework Authorities have divided their requirement for Works under a number of lots (each a “Lot”) based upon the following estimated values of the Projects that the Framework Authorities anticipate will be delivered under the Frameworks:
Lot 1 – between GBP 4.35 million and GBP 7.5 million
Lot 2 – between GBP 7.5 million and GBP 15 million
Lot 3 – exceeding GBP 15 million
GBP 4.35 million is linked to the current OJEU threshold for Works as determined by the European Commission.
The Framework Authorities anticipate that a number of different types of building contract (each a “Building Contract”) may be utilised under the Frameworks at the discretion of each Framework Authority, including but not limited to:
– the JCT Standard Building Contract 2011;
– the JCT Design & Build Contract 2011;
– the ACA Standard Form of Contract for Project Partnering known as PPC2000 (amended 2008);
– the NEC 3 Engineering & Construction Contract; or
– the NEC Professional Services Contract (3rd Edition),
The form of Building Contract in respect of each Project will include any bespoke amendments as required by each of the Framework Authorities and as notified to Contractors at mini-competition stage under the Framework.
It is intended that all Contractors appointed under a Lot will be invited to partake in each mini-competition in respect of that Lot, subject to the requirements, processes and reservations set out in each Contractor Framework Agreement.
In addition to the construction of schools, the following public sector buildings (as more particularly summarised by the CPV Codes in this OJEU Contract Notice) may be delivered under the Framework at the sole discretion of each of the Framework Authorities:
– primary schools
– secondary schools
– high schools
– sixth form facilities
– early years
– nursery / day care
– SEN provision
– leisure facilities
– council and other offices
– visitor centres
– storage buildings
– community facilities
– emergency services
It is anticipated that the Frameworks will commence in January 2014 but this date is subject to change at the sole discretion of the Framework Authorities.
Estimated value excluding VAT:
Range: between 176 000 000 and 270 000 000 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

Duration in months: 48 (from the award of the contract)

Information about lots

Lot No: 2 Lot title: North Wales Schools and Public Buildings Contractor Frameworks – Lot 2

1)Short description

Denbighshire County Council (the “Lead Authority”), for and on behalf of itself and as a central purchasing body for each of Conwy County Borough Council, Flintshire County Council, Gwynedd County Council, Wrexham County Borough Council and Anglesey County Council and each of the public bodies set out at paragraph VI.2 of this OJEU Contract Notice (each a “Framework Authority” and collectively the “Framework Authorities”) hereby invite tender submissions from suitably experienced and qualified contractors (each a “Contractor”) in connection with the Framework Authorities’ proposed framework arrangements as more particularly described in this OJEU Contract Notice (each a “Framework”).
The Framework will primarily be used to deliver projects funded through the “21st Century Schools Programme” (www.21stcenturyschools.org) (the “Schools Programme”), as well as wider public building developments, across the administrative areas of the Framework Authorities (each a “Project”).

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
In order to deliver the Programme (or any part thereof) in a timely and co-ordinated way, the Framework Authorities are seeking to appoint a number of Contractors under a series of framework agreements (each a “Contractor Framework Agreement”) which will allow each of the Framework Authorities to individually commission specialist construction works and services, including modular construction where practical, in relation to any aspect of the Programme (referred to collectively herein as the “Works”) and each Project.
Consortia bids and bids from joint vehicles are also invited in principle and the full requirements of the Framework Authorities in respect of such bids will be set out in the Invitation to Tender documentation.
The Framework Authorities have divided their requirement for Works under a number of lots (each a “Lot”) based upon the following estimated values of the Projects that the Framework Authorities anticipate will be delivered under the Frameworks:
Lot 2 – between GBP 7.5 million and GBP 15 million

2)Common procurement vocabulary (CPV)

45000000, 45100000, 45210000, 45211000, 45212000, 45212100, 45212200, 45212300, 45212400, 45212500, 45212600, 45214000, 45214100, 45214200, 45214300, 45214400, 45214500, 45214600, 45214700, 45214800, 45215000, 45215100, 45215200, 45215300, 45215400, 45215500, 45216000, 71000000, 44211100

3)Quantity or scope

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
Lot 2 will cover Projects between GBP 7.5 million and GBP 15 million.
It is intended that 6 Contractors will be appointed under Lot 2.
Contractors should note that all call-off contracts issued under this Lot will be subject to a mini-competition procedure as more particularly described in the Invitation to Tender documentation.
Estimated value excluding VAT:
Range: between 84 000 000 and 100 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

Duration in months: 48 (from the award of the contract)
5)Additional information about lots
Lot No: 1 Lot title: North Wales Schools and Public Buildings Contractor Framework – Lot 1

1)Short description

Denbighshire County Council (the “Lead Authority”), for and on behalf of itself and as a central purchasing body for each of Conwy County Borough Council, Flintshire County Council, Gwynedd County Council, Wrexham County Borough Council and Anglesey County Council and each of the public bodies set out at paragraph VI.2 of this OJEU Contract Notice (each a “Framework Authority” and collectively the “Framework Authorities”) hereby invite tender submissions from suitably experienced and qualified contractors (each a “Contractor”) in connection with the Framework Authorities’ proposed framework arrangements as more particularly described in this OJEU Contract Notice (each a “Framework”).
The Framework will primarily be used to deliver projects funded through the “21st Century Schools Programme” (www.21stcenturyschools.org) (the “Schools Programme”), as well as wider public building developments, across the administrative areas of the Framework Authorities (each a “Project”).

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
In order to deliver the Programme (or any part thereof) in a timely and co-ordinated way, the Framework Authorities are seeking to appoint a number of Contractors under a series of framework agreements (each a “Contractor Framework Agreement”) which will allow each of the Framework Authorities to individually commission specialist construction works and services including modular construction where practical, in relation to any aspect of the Programme (referred to collectively herein as the “Works”) and each Project.
Consortia bids and bids from joint vehicles are also invited in principle and the full requirements of the Framework Authorities in respect of such bids will be set out in the Invitation to Tender documentation.
The Framework Authorities have divided their requirement for Works under a number of lots (each a “Lot”) based upon the following estimated values of the Projects that the Framework Authorities anticipate will be delivered under the Frameworks:
Lot 1 – between GBP 4.35 million and GBP 7.5 million
GBP 4.35 million is linked to the current OJEU threshold for Works as determined by the European Commission.

2)Common procurement vocabulary (CPV)

45000000, 45100000, 45210000, 45211000, 45212000, 45212100, 45212200, 45212300, 45212400, 45212500, 45212600, 45214000, 45214100, 45214200, 45214300, 45214400, 45214500, 45214600, 45214700, 45214800, 45215000, 45215100, 45215200, 45215300, 45215400, 45215500, 45216000, 71000000, 44211100

3)Quantity or scope

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
Lot 1 will cover Projects between GBP 4.35 million and GBP 7.5 million.
It is intended that 6 Contractors will be appointed under this Lot.
Contractors should note that all call-off contracts issued under this Lot will be subject to a mini-competition procedure as more particularly described in the Invitation to Tender documentation.
Estimated value excluding VAT:
Range: between 32 000 000 and 50 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

Duration in months: 48 (from the award of the contract)
5)Additional information about lots
Lot No: 3 Lot title: North Wales Schools and Public Buildings Contractor Frameworks – Lot 3

1)Short description

Denbighshire County Council (the “Lead Authority”), for and on behalf of itself and as a central purchasing body for each of Conwy County Borough Council, Flintshire County Council, Gwynedd County Council, Wrexham County Borough Council and Anglesey County Council and each of the public bodies set out at paragraph VI.3 of this OJEU Contract Notice (each a “Framework Authority” and collectively the “Framework Authorities”) hereby invite tender submissions from suitably experienced and qualified contractors (each a “Contractor”) in connection with the Framework Authorities’ proposed framework arrangements as more particularly described in this OJEU Contract Notice (each a “Framework”).
The Framework will primarily be used to deliver projects funded through the “21st Century Schools Programme” (www.21stcenturyschools.org) (the “Schools Programme”), as well as wider public building developments, across the administrative areas of the Framework Authorities (each a “Project”).

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
In order to deliver the Programme (or any part thereof) in a timely and co-ordinated way, the Framework Authorities are seeking to appoint a number of Contractors under a series of framework agreements (each a “Contractor Framework Agreement”) which will allow each of the Framework Authorities to individually commission specialist construction works and services including modular construction where practical, in relation to any aspect of the Programme (referred to collectively herein as the “Works”) and each Project.
Consortia bids and bids from joint vehicles are also invited in principle and the full requirements of the Framework Authorities in respect of such bids will be set out in the Invitation to Tender documentation.
The Framework Authorities have divided their requirement for Works under a number of lots (each a “Lot”) based upon the following estimated values of the Projects that the Framework Authorities anticipate will be delivered under the Frameworks:
Lot 3 – exceeding GBP 15 million

2)Common procurement vocabulary (CPV)

45000000, 45100000, 45210000, 45212000, 45212100, 45212200, 45212300, 45212400, 45212500, 45212600, 45214000, 45214100, 45214200, 45214300, 45214400, 45214500, 45214600, 45214700, 45214800, 45215000, 45215100, 45215100, 45215200, 45215400, 45216000, 71000000, 44211100

3)Quantity or scope

The Projects may involve (but will not be limited to) the detailed design and/or construction, or improvement, or conversion, or remodelling, completion and commissioning of school buildings in furtherance of the Schools Programme and the development of wider community related facilities and associated infrastructure works in connection with the Framework Authorities’ development programmes and/or other works (altogether forming the “Programme”).
Lot 3 will cover Projects above GBP 15 million.
It is intended that 3 Contractors will be appointed under Lot 3.
Contractors should note that all call-off contracts issued under this Lot will be subject to a mini-competition procedure as more particularly described in the Invitation to Tender documentation.
Estimated value excluding VAT:
Range: between 60 000 000 and 120 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

Duration in months: 48 (from the award of the contract)
5)Additional information about lots

Section III: Legal, economic, financial and technical information

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

The Lead Authority reserves the right to request a guarantee from the other members of a joint venture or consortium guaranteeing the performance of an individual consortium member(s). A parent company guarantee may be required.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

In accordance with contract terms and conditions.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Submissions from “lead authorities” or “special purpose vehicles” are welcomed from consortia. Any consortiums must have in place and provide documentary evidence of having joint and several liability insurance in place and satisfy the Lead Authority as to their sound governance, communication and dispute resolution procedures. A letter from a solicitor/s representing the consortium (or consortium members) may be required confirming that a formal agreement has been (or will be) entered into by the consortium members that provides for the joint and several liability of the consortium members.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: As detailed in the contract specification and terms and conditions.
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: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have 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 candidate is established
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have 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.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(2) All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice.
(3) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.
the bidder is established.
1. Where a Contractor receives a “credit risk rating” of equal to or greater than 51 for their Creditsafe Report at the time of evaluation, they will be awarded a “pass” for Question 5.01 of the [Stage 1] evaluation questions. The remainder of their financial submission will then be evaluated pursuant to Questions 5.02 to 5.26 of the Stage 1 evaluation questions. If a Contractor’s “credit risk rating” is lower than 51, their submission will then be assessed by reference to paragraphs (2) to (4) below as appropriate.
2. Alternatively, where a Contractor receives a “credit risk rating” for the Creditsafe Report which is either (a) above the industry average credit risk rating figure; or (b) up to 5 points below the industry average credit risk rating figure at the time of assessment, they will also be awarded a “pass” for Question 5.01 The remainder of their financial submission will then be evaluated pursuant to Questions 5.02 to 5.26 of the Stage 1 evaluation questions. If a Contractor to which this paragraph (2) applies does not meet the requirements of this paragraph (2), their submission will then be assessed by reference to paragraphs (3) or (4) below as appropriate.
3. Contractors should note that where their “credit risk rating” falls more than 5 points below the industry average credit risk rating figure at the time of assessment but achieves a rating equal to or above 40, their submission shall be subject to further analysis in order to determine their financial standing. The following items, derived from the Creditsafe Report and the above-mentioned industry code, shall be used as a basis for such analysis and the Contractor will need to equal or exceed the industry average for each at the time of assessment for at least 3 out of the 4 items.
a. Pre-Tax profit margin
b. Liquidity/Acid Test
c. Creditor Days
d. Total Debt Ratio
In such a circumstance, where a Contractor meets the industry average for at least 3 out of 4 of the above items, they will be awarded a “pass” for Question 5.01 The remainder of their financial submission will then be evaluated pursuant to Questions 5.02 to 5.26 of the Stage 1 evaluation questions. If a Contractor to which this paragraph (3) applies does not meet the requirements of this paragraph (3), they will be awarded a “fail” for Question 5.01 and the Lead Authority may set the Tender aside and not consider it further, subject to paragraph (5) below.
4. Contractors who receive a “credit risk rating” for their Creditsafe Reports of 40 points or less at the time of assessment will be awarded a “fail” for Question 5.01 and the Lead Authority may set the Tender aside and not consider it further, subject to paragraph (5) below.
5. Where a Contractor receives a “fail” mark for Question 5.01 pursuant to paragraphs (3) or (4) above, the Lead Authority may award that Contractor a “pass” mark for Question 5.01 at its sole discretion where:
a. the Contractor provides a written undertaking that, if awarded a place on the Framework, it would be able to provide a Parent Company Guarantee in the form annexed to the Contractor Framework Agreement, signed by their parent company; and
b. the parent company itself passes the criteria set out at paragraphs (1) to (3) above (save that all references to this paragraph (5) in such guidance shall not apply to an analysis of a parent company’s financial standing).
6. Where a Creditsafe Report is not available for a Contractor, the Lead Authority reserves the right to make further enquiries of that Contractor’s financial standing in order to undertake a financial analysis of that Contractor’s financial standing comparable to that of the Creditsafe Report and the requirements set out at paragraphs (1) to (5) above.
7. For the avoidance of doubt, the above also applies to all joint venture applications or consortium bids and all Contractors forming a joint venture or consortium will each need to achieve a “pass” for Question 5.01 in order for the joint venture or consortium itself to achieve an overall “pass” for Question 5.01 of the financial evaluation stage. In the event that one or more members of the joint venture or consortium fails Question 5.01 the Lead Authority reserves the right to request a guarantee from the other members of the joint venture or consortium guaranteeing the performance of that Contractor(s).
8. Contractors will be provided with the industry average figures used to assess their financial submissions when they receive feedback on their Tenders following the completion of the evaluation process.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(1) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract;
(2) A statement of the principal goods sold or services provided by the supplier or the services provider in the past 3 years, detailing the dates on which the goods were sold or the services provided; the consideration received; the identity of the person to whom the goods were sold or the services were provided
(3) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
(4) A statement of the technicians or technical services available to the candidate to carry out the work under the contract; or be involved in the production of goods or the provision of services under the contract; particularly those responsible for quality control, whether or not they are independent of the candidate.
(5) A list of works carried out over the past 5 years, detailing the value of the consideration received; when and where the work or works were carried out; and whether they were carried out according to the rules of the trade or profession and properly completed.
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

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:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2012/S 207-340159 of 26.10.2012

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: 27.9.2013
IV.3.4)Time limit for receipt of tenders or requests to participate

2.10.2013 – 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.
Other: Welsh
IV.3.7)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 4 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders

Date: 3.10.2013 – 12:00
Place:

Ruthin.

Section VI: Complementary information

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

Contractors should note that this tender is being undertaken using an electronic tendering system. Details of how to register and access the documentation are given below. No paper tender documents will be issued or received.
Instructions to Express Interest and Access Documentation
1. Log in to the Proactis Plaza E-Sourcing Portal at https://www.proactisplaza.com/?cid=DCC

2. PLEASE NOTE – If you are already registered on the Proactis portal please Login using your existing details and start at Step 12 of these instructions if not go to STEP 3
3. Click the “Register Now” button at the bottom of the window
4. Enter your correct Organisation Name, Details and Primary Contact Details. The system will auto generate the Organisation ID and User Name for you. Please note that if you have a Generic email address for your organisation e.g. tenders@xxx.co.uk then please use this as the primary contact email address as this will allow you to still receive messages compared to where you have a specific person identified in this role and they move on at a point in the future.

5. Please make a note of the Organisation ID and User Name, then click “Register”
6. You will then receive an email from the system asking you to “Click here to activate your account”. This takes you to Enter Organisation Details.
7. Please enter the information requested, click “Next” and follow the instructions ensuring that you enter all applicable details.
8. In the Enter Product Classification screen please ensure that you select the Product Classification Codes (CPV Codes) that appear in the tender notice as this will give you access to the tender process.
9. In the Select Buyer Organisation please select Denbighshire County Council (although you may register with other buying organisations at the same time if you wish)
10. Accept the Terms and Conditions and then click “Next”. This takes you in to the Welcome window.
11. In the “Welcome” window please enter your Organisation name, Organisation ID and User Name (User ID). You now need to create your unique password. Please ensure that you make a note of this along with the other information already recorded.
12. Now click “Done” and you will enter the Supplier Home page.
13. On the left of the screen click “Opportunities”
14. Click the “Requests from Buyers” command. This will take you to the list of current opportunities available to you.
15. Click the Project ID that relates to this notice, this will take you into the PQQ or Tender Request. Note there may be several opportunities that appear on this screen, please ensure that you select the correct one for your organisation.
16. In the “Details of a Request from a Buyer” screen please note the closing time and date for completion of the relevant project. Please review the “Items” tab (Tender stage only) and the Documents tab (PQQ and Tender stages) as there will be information relating to the project held here. Please ensure that you download all documents to your PC as you will be required to complete and upload some of the documents as part of your submission. There also instructions on how to complete your submission in the Guidance for Bidders document held in this section
17. You can now either “Create a Response” to, or “Decline” this opportunity.
18. Once you have started to complete your response to the opportunity and wish to save and return later click “Save” having made a note of the Response reference number. The next time you Login to access the opportunity please go to the “My Responses to Buyers” tab and identify the relevant response that you previously saved. If you inadvertently create any additional responses please note that any information that you have already input into the initial or subsequent responses does NOT carry over to any new response and you may lose anything already input.
19. If you are adding attachments at any point in the process please ensure that you click the “Add to Library” button as if you are invited to any subsequent opportunities in the future to tender any documents that you have added will automatically be added to your submission and all you will be required to do is check that they are the current version. This is a secure system and your documents will not be accessed by any other party.
20. Please note that any queries must be sent via the secure dialogue section of the e-tender portal. We will not respond to any queries received by any other method.
21. If you require any further assistance please contact Stuart Andrews by email on stuart.andrews@denbighshire.gov.uk, or by telephone on 01824 712677

(WA Ref:1582)
The Contractor shall ensure that all contracts with Subcontractors and Suppliers which the Contractor intends to procure following the Award date, and which the Contractor has not, before the date of this Contract, already planned to award to a particular Subcontractor or Supplier, are advertised through the Sell2Wales portal (www.sell2wales.co.uk) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract.

Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:
Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations.
Delivering “Community Benefits” is at the heart of the NW Authorities’ collaborative procurement approach and commitment to contributing to the social, economic and environmental well-being of the North Wales region. The aim of the Framework and its approach is to deliver value for money both in the method of procurement and the Projects themselves. The NW Authorities believes that this can be achieved by maximising the benefits of the Projects to the local community and sustain economic development across the region. It is intended that this approach will help support the tackle poverty agenda for Welsh Government.
The community benefits included in this contract are:
Training and employment targets – work experience, mentoring
Shared Apprenticeship Scheme
Open opportunities to bid for SME’s – advertise Tier 1 on sell2wales, meet the buyer events
Embed the use of the Fair Payment Charter
Consider opportunities for supported businesses
Promote equality and diversity through supply chain
Education – work placements

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 (or 15 days where non-electronic or fax methods are used) at the point that an award decision is communicated to tenderers. The award decision notice will specify the criteria for the award of the contract/framework agreement, the reasons for the decision, including the characteristics and relative advantages, the name and score of the successful tender: and will specify when the standstill period is expected to end or the date before which the contracting authority will not conclude the contract/framework agreement. If an appeal regarding the award of a contract has not been successfully resolved, the Public Contracts (Amendment) Regulations 2009 provide for aggrieved parties who have been harmed or at risk of a breach of the rules to take action in the High Court (England, Wales and Northern Ireland)Any such action must be brought promptly (generally within 3 months)The court may order the setting aside of the award decision or may order the Contracting Authority to amend any document and may award damages. If a framework agreement has been entered into the Court may make a declaration of ineffectiveness or may order that the duration of any relevant specific contract be shortened and additionally may award damages. The time limit for seeking such a declaration is generally 30 days from notification of the award (either by award decision notification or contract award notice depending upon the circumstances) or otherwise 6 months.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:27.8.2013