Strategic Housing and Renegeration Programme for Flintshire County Council

Strategic Housing and Renegeration Programme for Flintshire County Council

Flintshire Council is commencing a procurement via the Competitive Dialogue process for a contract to appoint developer(s) and potentially funders for the Strategic Housing and Regeneration Programme.

United Kingdom-Mold: Construction work

2014/S 187-329301

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Flintshire County Council
County Hall, Flintshire
For the attention of: Jo Parkes-Newton
CH7 6NA Mold
UNITED KINGDOM
Telephone: +44 7590266515
E-mail: sharp@flintshire.gov.uk

Internet address(es):

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

Address of the buyer profile: http://www.sell2wales.gov.uk/search/Search_AuthProfile.aspx?ID=AA0419

Electronic access to information: https://www.proactisplaza.com/?cid=Flintshire

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

General public services

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Please see contract scope for details

Section II: Object of the contract

II.1)Description

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

Strategic Housing and Renegeration Programme (SHARP).

II.1.2)Type of contract and location of works, place of delivery or of performance

Works
Design and execution
Main site or location of works, place of delivery or of performance: Generally within the County of Flintshire, but potentially wider due to the potential participation of other Contracting Authorities.

NUTS code UKL23

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)

Flintshire Council (‘the Council’) is commencing a procurement via the Competitive Dialogue process (‘the Process’) for a contract (‘the Contract’) to appoint developer(s) (‘the Developer(s)’) and potentially funders (‘the Funder(s)’), (collectively ‘the Contractor(s)) for the Strategic Housing and Regeneration Programme (‘SHARP’) (‘the Programme’). The Council is working towards a Contract award date during spring 2015 aiming towards a start date on site of autumn 2015.
The Council has issued a PIN in respect of this procurement and carried out a Market Consultation. Details of this can be found within the documents issued in respect of this Process (‘the Process Documents’) which be accessed via the Council’s Proactis portal. Market Consultation documents can also be accessed via the following link:

www.flintshire.gov.uk/SHARP

The background to the procurement is that the Council is currently implementing the Masterplan for the regeneration of Flint (‘the Masterplan’). The Masterplan identifies a number of strategic objectives for the town:
— to better serve the local catchment;
— to reconnect Flint’s assets;
— to transform Flint’s physical image;
— to encourage economic growth through job creation;
— to embed Flint within the sub regional tourism network;
— to more effectively promote the town and its opportunities.
Further details can be found within the Masterplan which is contained within the Process Documents.
Hence the primary purpose of the Programme is to commission Contractor(s) (i.e. Developer(s) and potentially also a Funder(s)), for up to 125 homes across 3 town centre sites. The largest site (anticipated 100 houses) is Council owned and currently sites maisonettes, (the demolition of which is currently under-way and expected to be completed by early 2015). Two additional town centre sites are anticipated to accommodate 11 apartments and 12 houses.
The redevelopment of Flint will form part of a wider regeneration plan for Flintshire which aims to build up to 500 homes over the next 5 years. There is also scope within the Programme for non-residential development. The Council may also require the provision of funding for some of the developments and they may also be scope for the Council to invest land for private development. There will also be an option to extend the Contract for a further period of up to 5 years.
Whilst it is not possible to predict the Council’s future development requirements (during a period which may extend to 2025), safe to say that these requirements may be wide and varied and are likely to be particularly complex (in particular this is with reference to the potential for future redevelopment of the Council’s existing land and built assets): or indeed the requirements may be limited. On this basis, the Council reserves the right to commission services from the Contractors within the scope of the CPV codes published in this notice and is seeking a contract form which will be flexible enough to cope with the potentially varied regeneration and development requirements that may occur over the contract term (including any extensions).
With this in mind the Council is seeking to dialogue its requirements with Participants during the Process and the competitive dialogue process is to be used as the Council is not able to specify the feasibility and scope of the Programme; and further as a result, the legal and financial make-up of the Contract without input from Participants. Indeed it is an objective of the Process to appoint Contractor(s) who will assist the Council in the development of the building programme, incorporating funding and investment as may be required. In other words to commission a strategic development partner for Flintshire.
The Council has identified a number of potential new homes sites across Flintshire. A range of sites have currently been identified (and more sites may also be added). At the moment, these sites vary in size (from small brown field sites accommodating 2/3 homes to larger green field plots). In total the plots (currently identified and including Flint) would accommodate approximately 200 new homes with tenure mix of social; affordable and market rent. However please note that the potential to develop these (and any other) sites is currently at a conceptual stage, with the Council commissioning feasibility studies to investigate the development potential of these sites. Details of the sites can be found within the Process Documents.
The Contract may also be open for the usage of other Contracting Authorities (‘Named Authorities’), although such usage may not occur.
The Council welcomes participation from fully formed or potential consortia.
The Council is also intending to commissioning procurement of the refurbishment services for the Flint tower blocks during the Autumn of 2014. A framework for materials has recently been commissioned. It is the Council’s current intention that the Developers will have access to these refurbishment materials and services frameworks for the completion of the development works.

Note: To register your interest in this notice and obtain any additional information please visit the Sell2Wales web site athttp://www.sell2wales.gov.uk/Search/Search_Switch.aspx?ID=14592

II.1.6)Common procurement vocabulary (CPV)

45000000, 45200000, 45210000, 45211000, 45211100, 45211200, 45211340, 45211341, 45211350, 45211360, 45212000, 45213110, 45212300,45213312, 45215000, 45215100, 45215200, 45215210, 45215220, 45215221, 45215222, 45262690, 45262700, 45453000, 45453100, 45454000,71315200, 71321100, 45215130

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 value of the contract is estimated between 30 000 000 and 500 000 000 (British Pound Sterling — GBP). The lower estimate is based on 10 000 000 per annum over the initial 5 year contract period, reduced to account for any levels of spend which are below current predictions. On this level of spend the Council’s spend over the maximum contract term is broadly but realistically estimated to be 100 000 000, however this level of expenditure is not guaranteed. Expenditure levels will depend (for example) on the Programme as developed with the Contractor; feasibility of development sites; available funding; housing demand and may vary in accordance with housing strategy and other policies at a UK; national; regional; county and local level.
An additional allowance of 200 000 000 has been included for the commissioning of any related funding and any increases in development spend for reasons which cannot be accurately predicted. Plus a further allowance of 200 000 000 has been included to cover any usage by Named Authorities making an estimated upper limit of 500 000 000. These are broad estimates and the Council reserves the right to vary these spend predictions categories (including accelerating the time-frame of spend to meet developmental requirements) during the Contract lifetime. However any such variance will be within the estimated upper limit of 500 000 000.
The Contract will also be open for use for other Contracting Authorities as specified below. (Definitions of Contracting Authorities are intended to be defined as per Regulation 3(1) to (5) of the Public Contracts Regulations 2006 (PCR) (as amended) and their statutory successors and organisations created as a result of re-organisation or organisational changes).
Local Authorities in Wales as defined by Reg.3(1) and 3(3) as a county council; a county borough council or a community council. The intention is to facilitate the potential for collaborative working between Local Authorities over the term of the Contract, given the potential changes in housing strategy plus other policies and changes to the structure of government administration which may occur in Wales over the next 10 years. Usage will require the consent of the Council and the Contractor. Further details will be set out in the Process Documents.
The Contract may also be used by other Contracting Authorities delivering services within the administrative area of Flintshire and within the administrative areas of such other Welsh Local Authorities as may use the Contract, such as housing associations; health authorities; police and fire and rescue authorities etc. This categorisation is deliberately non-exhaustive because of the potential need to develop joint schemes with other public sector partners, particularly within regard to the construction of non-residential buildings and community developments, as may be required and cannot be predicted at this time.
Developer(s) and Funder(s) are sought who will achieve the Council’s commissioning aim in the joint development of a contract model(s) which enable the delivery of high service standards and levels of end user satisfaction; plus the achievement of continuous improvement; process efficiencies and reductions in overall costs. The contract model(s) will seek to effectively balance the risks between the Council; any Named Authorities; Developer(s) and Funder(s), whilst being flexible enough to respond not only to the Council’s and Named Authorities’ evolving building and regeneration requirements; statutory duties and responsibilities; but also to innovative developments within the construction and finance sectors.
Generally, the Council seeks to work more closely with the community in delivering services and together with any Named Authorities and its town and parish councils, help to define and deliver services tailored to local needs in the county. The Council wishes to strengthen this approach by ensuring that services delivered by public and private sector partnerships and community groups are commissioned (and when applicable regulated) by the Council in such a way as to ensure local needs are met. The Council would welcome innovative ideas to support this and ensure the achievement of community benefits and social value.
In addition, (and in accordance with Welsh Government initiatives that the delivery of community benefits provide a crucial contribution to the social, economic and environmental well-being of Wales), the delivery of community benefits is at the heart of the Council’s approach to the commissioning of this housing and regeneration programme. Delivery of community benefits is of particular importance to the potential Contract(s) due to their strategic nature and core commissioning objectives of the achievement of regeneration; possible duration; level of investment and partnership working necessitated with their effective delivery.

http://prp.wales.gov.uk/planners/general/strategy/procstrat/communitybenefits/

To this end the Council is seeking a contract model which will support the Council in effective management of the Contract; strengthen the local supply chain; assure the reduction of environmental impacts and deliver the investment in the techniques; technologies and human resources to assure effective Programme delivery. The Council has drafted some commissioning objectives for the procurement, details of which can be found in the Process Documents. Details of proposed Contract terms can also be found in the ‘Additional Information’.
Such initiatives should also seek to further the Council’s objectives as set out in the Council’s Improvement Plan 2014 – 2015; Single Integrated Plan 2013 -2017; Regeneration Strategy 2009-2020 and Housing Strategy and other policy documents as may be applicable. Please see the Process documents for further details.
Estimated value excluding VAT:
Range: between 30 000 000 and 500 000 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The Contract will be for an initial term of 5 years with additional provision of the option to extend the contract by periods not exceeding in total 5 years, making a total maximum term of 10 years (for example 5 year initial period plus two extensions of 3 years plus 2 years). The terms relating to the award of Contract extensions will be established as a result of dialogue during the Process.
Provisional timetable for recourse to these options:
in months: 60 (from the award of the contract)

II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: Range: between 1 and 5

II.3)Duration of the contract or time limit for completion

Duration in months: 60 (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:

Details of any required deposits and guarantees which may be required will be dialogued with Participants during the Process.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Please see the Process Documents for further details. Finance and payment terms will be dialogued with Participants during the Process.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Council reserves the right to require groupings of Contractors to take a particular legal form or to require a single Contractor to take primary liability or to require that each party undertakes joint and several liability irrespective of the form of the vehicle to be established.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: (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 statements of accounts or extracts from those accounts relating to their business.
All candidates will be required to provide a statement, covering the 2 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.
Minimum level(s) of standards possibly required: Please see the Process Documents for further details.

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) Samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so requests.
(3) A check may be carried out by the contracting authority or by a competent official body of the State in which the candidate is established, to verify the technical capacity of the candidate; and if relevant, on the candidates study and research facilities and quality control measures;
(4) A statement of the candidate’s technical facilities; measures for ensuring quality; and their study and research facilities;
(5) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
(6) 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.
(7) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract.
(8) 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

competitive dialogue

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

Envisaged minimum number 3: and maximum number 4
Objective criteria for choosing the limited number of candidates: As set out in the Process documents.

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:

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

Prior information notice

Notice number in the OJEU: 2014/S 129-229929 of 9.7.2014

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

28.10.2014 – 12:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

25.11.2014

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 of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: This may be a recurrent procurement and if so, further notices may be published from 60 months from contract award onwards.
VI.2)Information about European Union funds

VI.3)Additional information

Candidates should note that this tender is being undertaken using an electronic tendering system Proactis. 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=Flintshire

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, and 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 +44 1824712677. (Please note that Stuart is supporting Flintshire in the administration of this Process).

Please note that Process Documents will be available on Proactis from 12:00 noon on the 30.9.2014 or 12:00 noon on the date of publication, whichever is the later.
(WA Ref:14592)

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:
Training and employment targets — work experience, mentoring;
Shared Apprenticeship Scheme;
Open opportunities to bid for SMEs — 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;
and Education — inc. work placements;
the use of sustainable building code specifications;
reduction of environmental impacts and environmental enhancement.
I.1) Name, addresses and contact point(s)
URL participate: Flintshire County Council — Via Proactis Portal.

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 Council will incorporate a minimum 10 calendar day standstill period 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. 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 Contract 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:

25.9.2014