CONTRACT NOTICE – OFFICIAL JOURNAL

SECTION I: CONTRACTING AUTHORITY

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Other (Please specify) National Health Service

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

SECTION II: OBJECT OF THE CONTRACT

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

NHS Dumfries & Galloway – Tender for Prevention & Control of Legionella & Associated Works

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

Service category 27

II.1.2)

Main site or location of works, place of delivery or performance

Dumfries & Galloway Region

NUTS Code UKM32

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

Estimated total value of purchases for the entire duration of the framework agreement

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

NHS Dumfries and Galloway requires a provider to undertake The Prevention and Control of Legionella and Associated Works in accordance with the guidance and recommendations as detailed in the supporting documentation and is to include:

– the provision and maintenance of an electronic log book / monitoring system

– the provision of a legionella monitoring and maintenance service

– thermostatic mixing valve maintenance

– ‘other works’ as outlined in the supporting documentation

NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=304215.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

No

II.1.9)

Will variants be accepted

No

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

The total cost is for a 3 year contract period and shall include:

– the provision and maintenance of an electronic log book / monitoring system

– the provision of a legionella monitoring and maintenance service

– thermostatic mixing valve maintenance

– ‘other works’ as detailed in the supporting documentation

II.2.2)

Options

The client, at their discretion, may negotiate with the successful supplier to extend the contract for an additional 3 year period (reviwed annually) on completion of the initial 3 year award.

Provisional timetable for recourse to these options

30 months (from award of the contract)

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or limit for completion

Period in month/s: 36(from the award of the contract)

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

n/a

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

Delivery Payment.

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

n/a

III.1.4)

Other particular conditions to which the performance of the contract is subject

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 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 capacity

Information and formalities necessary for evaluating if 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.

The Pre Qualification Questionnaire which forms part of this tender process contains conditions and requirements relevant to this contract and which will be scored to enable selected contractors to proceed to tender stage.
Minimum level(s) of standard possibly required

III.2.3)

Technical capacity

Information and formalities necessary for evaluating if 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) 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) 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.

(6) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract.

(7) 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.

The Pre Qualification Questionnaire which forms part of this tender process contains conditions and requirements relevant to this contract and which will be scored to enable selected contractors to proceed to tender stage.
Minimum level(s) of standard possibly required

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

III.3)

Conditions Specific to Service Contracts

III.3.1)

Is provision of the service reserved to a specific profession?

No

III.3.2)

Will legal entities be required to state the names and professional qualifications of the personnel responsible for the execution of the service?

Yes

SECTION IV: PROCEDURE

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

No

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate

Envisaged number of operators 5

Objective criteria for choosing the limited number of candidates

A Pre Qualification Questionnaire will be used to ascertain which suppliers will be chosen to proceed to tender stage. Should there be minimal scoring difference however between the suppliers in 5th, 6th and 7th place then the 6th and 7th place suppliers may be invited to tender stage.

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

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

No

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

Obtainable until  05-06-2014

Price (where applicable)    Currency:

Terms and method of payment:

IV.3.4)

Time-limit for receipt of tenders or requests to participate

 19-06-2014  12:00

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates

Estimated date  07-07-2014

IV.3.6)

Language or languages in which tenders or requests to participate can be drawn up

 EN

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender

IV.3.8)

Conditions for opening tenders

SECTION VI: OTHER INFORMATION

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

Contract runs for a three year period from contract award with a three year optional extension (reviwed annually). This contract will require to be re-procured after the three years (subject to the optional extension).

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

No

If yes, indicate the project/programme and any useful reference

VI.3)

Additional Information

(SC Ref:304215)

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

The Authority will notify economic operators who submitted a tender or (where no deselection notification has previously been made) applied to be selected to tender, of its decision to award the contract which notification will contain among other information, a summary of reasons why the economic operator was unsuccessful. The notification will incorporate a ‘standstill period’ of a minimum of 10 clear calendar days (or a minimum of 15 if the communication method used is not electronic) between the date on which the Authority despatches the notice and the date on which the Authority proposes to make an award pursuant to this procurement. The bringing of court proceedings against the Authority during the standstill period will automatically continue the prohibition on entering into the contract until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings to an end the prohibition. The remidies that may be awarded by the courts before the contract has been entered into include the setting aside of the decision to award the contract to the winning tenderer. The bringing of court proceedings against the Authority after the contract has been entered into will not affect the contract unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2012 can be established. Otherwise the remidies that may be awarded by the courts where the contract has been entered into are limited to the award of damages. Economic operators are entitled to write to the Authority after receipt of the notification should they require further clarification. The Authority will respond within 15 days of such a written request, but it should be noted that receipt by the Authority during the standstill period may not prevent the Authority from awarding the contract following the expiry of the standstill period. Where an economic operator is dissatisfied with the Authority’s response to its request for clarification, or considers that the contract has been concluded in breach of the Public Contracts (Scotland) Regulations 2012, such economic operator is advised promptly to seek independent legal advice.

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Dispatch date of this Notice

 19-05-2014

ANNEX A

Additional Addresses and Contact Points

I)

Address and contact points from which further information can be obtained

II)

Address and contact points from which specifications and additional documentation may be obtained

III)

Address and contact points to which Tenders/Requests to Participate must be sent