Provision of an Emergency Pollution Response Service

Provision of an Emergency Pollution Response Service

Provision of an Emergency Pollution Response Service for fuels, lubricants and chemical spillage incidents involving the MoD, Mod Trading Fund Agencies and US Visiting Forces anywhere in the UK (including Northern Ireland).

United Kingdom-Bristol: Environmental services

2013/S 154-268944

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

Defence Fuel and Food Services, DE&S
Elm 2C #4233, MoD Abbeywood
For the attention of: Becky Hazel
BS34 8JH Bristol
Telephone: +44 3067983522

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

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

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

Provision of an Emergency Pollution Response Service.
II.1.2)Type of contract and location of works, place of delivery or of performance

Service category No 27: Other services
NUTS code UK

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 a single operator
Duration of the framework agreement

Duration in years: 3
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 930 027 GBP

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

Environmental services. Provision of an Emergency Pollution Response Service for fuels, lubricants and chemical spillage incidents involving the MoD, Mod Trading Fund Agencies and US Visiting Forces anywhere in the UK (including Northern Ireland) and on Permanent Joint Operating Bases (PJOBS) which are situated in the following locations: Falkland Islands, Ascension Islands, Gibraltar, Cyprus, and Diego Garcia and any other Overseas locations required, this is required for inland, coastal, territorial and global international waters, shorelines, on public roads, military locations, temporary field sites on MoD, MoD leased, public and private land. Specialist Assisantance and global recovery of HM Warships, RFA and MoD vessels in international maritime waters. Provision of training and consultancy. Provision of maintenance support for Pollution Control Equipment.
II.1.6)Common procurement vocabulary (CPV)


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

The contract is covered by the Government Procurement Agreement (GPA): no

This contract is divided into lots: no
II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

The successful Contractor will be required to deploy within specified timescales to assist MoD customers in the inital clean up of medium and large sized fuel, lubricant and chemical spills which are beyond the capability of local resources. The Contractor should be able to provide assistance worldwide. The response capability shall be maintained on a 24 hours a day 7 days a week basis and shall provide a single point of contact 24 hour manned telephone number. The Contractor will be able to respond to a global activation in times of high demand by external events. The Contractor shall be fully competent in the undertaking as a licensed hazardous waste consignor and carrier if requested by a MoD establishment, have complete responsibility for the disposal of all oil and chemical waste product resulting from the recovery and clean up operations.The Contractor should have the capability to provide training and/or advice to MoD as requested. The contractor should have the capability to provide maintenance to Pollution Control Equipment as requested.
Confirmation that companies hold Employers Liability Insurance of at least £5M. On receipt of an EofI, The Authority will issue a letter requesting information of the suppliers Good Standing in relation to Regulation 23 of the Public Contracts Regulations 2006 (PCR 2006), to those companies for which a compliant EofI has been received by 10:00 hours on 16.9.2013. The Statement Relating to Good Standing must be completed and returned to DFFS in both electronic and hard copy format by the date indicated.
Estimated value excluding VAT: 930 027 GBP
II.2.2)Information about options

Options: yes
Description of these options: 1 year (extension) option will be included within the Terms and Conditions of the Contract.
II.2.3)Information about renewals

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

Starting 1.1.2014. Completion 31.12.2016

Section III: Legal, economic, financial and technical information

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

Parent Company Guarantee or Bankers Guarantee may be required.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Tenders to be priced in pounds sterling. Payment will be made in pounds sterling or any other currency to be adopted by the UK.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The group will be required to nominate a lead partner with whom the Authority can lawfully contract or form themselves into a single legal entity before the Contract is awarded.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The MOD is progressively moving towards electronic purchasing using the Purchase to Payment (P2P) system operated over the Defence Electronic Commerce Service (DECS). Any resultant contract may also require the supplier to trade via the P2P system The performance of the contract will be subject to monitoring and management through key performance indicators, which will be detailled in the ITT. Security Clearance will be required for certain locations which will be detailed in the ITT.
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 Authority will apply all the offences listed in Article 45(1) of Directive 2004/18/EC (implemented as Regulation 23(1) of the Public Contract Regulations (PCR) 2006 in the UK) and all of the professional misconducts listed at Article 45(2) of Directive 2004/18/EC (see also Regulation 23(2) in the PCR 2006) to the decision of whether a Candidate is eligible to be invited to tender.
A full list of the Regulation 23(1) and 23(2) criteria are at

Candidates will be required to sign a declaration confirming whether they do or do not have any of the listed criteria as part of the pre-qualification process. For candidates who are registered overseas, you will need to declare if you have any offences/misconduct under your own countries laws, where these laws are equivalent to the Regulation 23 lists.
Candidates who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Candidates who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Authority.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established.
(c) A statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 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 on these turnovers is available.
The Applicant’s (individual companies or members of potential alliances) financial ability to meet this requirement will be assessed on a risk basis and the Applicant’s financial accounts will be evaluated by the Cost Assurance and Analysis Service’s (CAAS) Financial Analysts. Factors that will be taken into consideration when evaluating the accounts include, but are not limited to: Turnover; Profitability; Liquidity and Working Capital; Debt; and Cash Flow. CAAS will also examine the financial health of any parent company where appropriate. When assessing the financial health of an organisation the Authority will also take into consideration any Auditor’s opinion, for example Qualifications or Emphasis of Matter Statements. The Authority’s opinion may be validated using financial credit agencies such as Company Watch and Dun and Bradstreet. If examination of the financial accounts exposes potential for an applicant to experience financial difficulty, then the Authority will determine the level of risk that it is willing to bear in fulfilling the requirement. Evaluation of the accounts will attract an acceptable or non-acceptable risk marking. A non-acceptable risk marking will constitute a fail and the company will not be Invited to Tender.
Minimum level(s) of standards possibly required: Any Economic Operator who fails this initial stage will not be invited to submit a tender for the requirement. Companies must submit all of the above requested evidence with their Expression of Interest.
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 five 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.
(g) For public works contracts and public services contracts, and only in appropriate cases, an indication of the environmental management measures that the economic operator will be able to apply when performing the contract.
(i) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract.
(j) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
The above requested information is mandatory and will be assessed on a pass/fail basis. Any company who does not provide the information as requested or the informatoin recieved is not deemed appropriate for the requirement will fail this element and will not be Invited To Tender. Companies must submit all of the above requested evidence with their Expression of Interest.
Minimum level(s) of standards possibly required:
Companies are required to provide evidence of current BS EN ISO 9001:2008 accreditation (or equivalent) issued by a UKAS recognised 3rd party certification body showing the scope of the certification or, where this cannot be provided, companies must demonstrate compliance with AQAP 2120 (or equivalent), the Contract will be subject to DEF STAN 05-61 Part 4. Failure to meet this requirement will constitute a failure of this element and the company will not be Invited to Tender. Companies must be accredited to the UK Oil Spill Contractors Accreditation Scheme and/or the International equivalent and evidence of accreditation must be submitted with the Expression of Interest. Companies must be accredited to Environment Regulators and evidence must be submitted with the Expression of Interest. The maritime and shoreline training element of the Contract must be accredited to the International Maritime Organisation (IMO), Maritime Coastguard Agency (MCA) or their EU Equivalents. Companies must have the capability to comply with the following accredited Spill responders modules within the UK Spill Contractors Accreditation Scheme their EU equivalents noting that within the UK the UK accreditation takes primacy for the recovery of spills: the modules are as follows:
Standard compliance.
Freshwater Spills.
Groundwater Spills.
Road Tanker Rollover/Product Recovery.
Marine Spills.
Hazardous Noxious Substances.
Failure to provide the above requested evidence will result in the company not being Invited to Tender.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 5: and maximum number 6
Objective criteria for choosing the limited number of candidates: Only those companies or alliances that can demonstrate a sufficient level of competence against the Authority’s selection criteria will be invited to participate in the competition; it is envisaged that a maximum of 6 companies or alliances that meet the minimum qualifying standard by not failing any of the criteria.
Companies Invited to Tender will be further assessed on: facilities and resources available to perform the Contract, Supply Chain Management, Business Continuity Plans, Performance Management, Commercial Compliance and Price.
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

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

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

16.9.2013 – 10:00
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

IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no
VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information

Suppliers interested in working with the Ministry of Defence should register on the MOD Supplier Information Database (SID) Register, available at The MOD SID is a database of active and potential suppliers available to all MOD and UK Defence procurement personnel, and is the main supplier database of MOD Procurement organisations. Please note: the registration and publication of a company profile on the MOD SID does not mean or imply that the supplier has in any way been vetted or approved by the MOD. Suppliers wishing to compete for advertised MOD contracts must respond to any specific call for competition by submitting a separate expression of interest in accordance with the instructions of the purchasing organisation.

Advertising Regime OJEU:- This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and

Please note that the requirement to which this notice relates comes under Logistic Commodities and Services (LCS), formed on 1 Aug 11. LCS is determining the future strategy for all commodities and services within its remit and may, in the future, place a contract for the supply of services which may include the provision of articles (or services) which are covered by this notice. In this event, the Authority may satisfy its requirements from the LCS service contract and no further orders will be placed against any framework arising from this notice.
The announcement of a future requirement is not to be construed as confirmation that a tender/contract will subsequently be issued; announcements are for information only. Thus the issue of a possible future purchase notice, or the issue of an invitation to tender, is not to be construed as a commitment by the MOD to place an order as a result of the tendering exercise or at a later stage. Any expenditure, work or effort undertaken prior to contract award is a matter solely for the commercial judgement of potential suppliers. GO Reference: GO-201386-DCB-5014473.

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

Defence Fuel & Food Services, DE&S
Elm 2C #4233, MoD AbbeyWood
BS34 8JH Bristol
Telephone: +44 3067983522

Body responsible for mediation procedures

Defence Fuel & Food Services, DE&S
Elm 2C #4233, MoD AbbeyWood
BS34 8JH Bristol
Telephone: +44 3067983522

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice: