Vehicle Certification Agency – New Commercial Model
DfT shall award one or more contracts to NewCo for the following services: 1. services related to type approval to support the Secretary of State’s role as the UK Type Approval Authority; 2. certification of packaging of dangerous goods; and 3. enforcement and technical support services for DfT.
United Kingdom-London: Technical automobile inspection services
Section I: Contracting authority
Department for Transport
5/28 Great Minster House, 33 Horseferry Road
Contact point(s): email@example.com
SW1P 4DR London
Telephone: +44 2079442800
General address of the contracting authority: www.gov.uk/government/organisations/department-for-transport
Address of the buyer profile: www.gov.uk/government/organisations/department-for-transport
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)
Section II: Object of the contract
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
NUTS code UK
DfT will make an initial investment in NewCo by vesting VCA assets (domestic and international) in NewCo, including (but not limited to) property, debtors and creditors, IT systems and transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and, where applicable, international equivalent legislation. It is proposed that the PSP will provide cash and potentially in-kind benefits in consideration for its shareholding in NewCo. It is DfT’s intention that the PSP will be required to assure that NewCo maintains agreed minimum levels of liquidity.
DfT’s intention is to transfer, or agree with the relevant third parties the commercial basis of the transfer of, the international operations of VCA into NewCo. More information on the terms of any agreements associated with the transfers will be made available when the invitation to negotiate is published.
The PSP and DfT will enter into a shareholders agreement which will document the terms of the joint venture and regulate the relationship between DfT and the PSP as shareholders. Core provisions may, amongst other things, cover share transfers, reserved matters, dividends, non-compete, exit and an obligation on the PSP to acquire DfT’s shares. NewCo will also adopt new articles of association which will align with the position taken in the shareholders agreement.
The Secretary of State shall be the UK Type Approval Authority. This will not transfer to NewCo.
The potential turnover of NewCo, over a ten year period, is in the range of GBP 100,400,000 and GBP 276,600,000. Of this, between GBP 12,300,000 and GBP 34,000,000 is made up of turnover from management systems certification services, as further detailed below. No particular level of income and/or turnover is, however, guaranteed to NewCo.
DfT shall award one or more contracts to NewCo for the following services:
1. services related to type approval to support the Secretary of State’s role as the UK Type Approval Authority;
2. certification of packaging of dangerous goods; and
3. enforcement and technical support services for DfT.
The DfT Contract will have a maximum duration of 10 years with DfT having a unilateral option, to take effect on or around the end of year 7, to terminate the DfT Contract without paying any compensation to NewCo.
Provided that it meets and continues to satisfy the requisite designation requirements, NewCo will also be eligible for designation as a technical service by the UK Type Approval Authority and will enter into binding arrangements with the Secretary of State which will entitle NewCo to provide such services.
NewCo will also have the potential to provide other services to third parties (other than DfT) (such as Management Systems Certification and training across a wide range of recognised standards, provided that NewCo is able to satisfy the requirements of the relevant accreditation authorities).
Further details on DfT’s requirements are set out in the Initial Descriptive Document available on request from firstname.lastname@example.org
71631200, 34200000, 34400000, 34100000, 71630000, 71632000, 71631000, 60100000, 16700000, 63712000, 79714000, 75130000, 75131000, 34223000, 34223100, 34223300, 34410000, 34411000, 34411200, 34113000, 34114000, 34114100, 34114110, 34114120
Estimated value excluding VAT:
Range: between 100 400 000 and 276 600 000 GBP
Description of these options: DfT shall have a unilateral option to terminate the DfT Contract with effect from on or around the end of year 7 without paying any compensation to NewCo and it may also require the option to oblige the PSP to acquire DfT’s shares in NewCo.
Section III: Legal, economic, financial and technical information
Minimum level(s) of standards possibly required: See conditions set out in the PQQ.
The full range of information regarding the requirements of technical capacity are set in the PQQ.
Minimum level(s) of standards possibly required:
See conditions set out in the PQQ.
Section IV: Procedure
Some candidates have already been selected (if appropriate under certain types of negotiated procedures) no
Objective criteria for choosing the limited number of candidates: 1. Applicants (and in the case of a consortium, each member of the consortium and in the case of a prime contractor with significant sub-contractors the prime contractor and each significant sub-contractor) must pass the grounds for mandatory disqualification and (subject to DfT exercising its discretion) discretionary disqualification as set out in Regulation 23 of the Public Contracts Regulations 2006.
2. In Stage 2B of the PQQ evaluation process (Economic and Financial standing) as outlined in the PQQ guidance document:
(a) an individual Applicant or an overall consortium Applicant or a prime contractor Applicant must pass questions B1 and B2; and
(b) an individual Applicant must achieve and an overall consortium must achieve a minimum overall score for section B of the PQQ (Economic and Financial standing) of 60 % (prior to weightings being applied). Where the Applicant is a prime contractor which proposes to use significant sub-contractors (i.e. a sub-contractor who will provide services that NewCo would otherwise provide and which have an estimated value of at least twenty per cent (20 %) or GBP 3 million pounds of the turnover of NewCo (whichever is the lower) then the prime contractor and each such significant sub-contractor must achieve a minimum overall score of 60 % for Section B. Provided that they each achieve the minimum score, the score of the prime contractor will be used for the purposes of calculating the overall score of that Applicant; and 3. Subject to DfT exercising its discretion pursuant to Regulation 23(4) of the Public Contracts Regulations 2006, each Applicant (and in the case of a consortium, each member of the consortium and in the case of a prime contractor with significant sub-contractors the prime contractor and each significant sub-contractor ) must pass Section G of Stage 2 of the PQQ (Tax Compliance).
Subject to the above, once all PQQ responses have been marked the 7 highest scoring Applicants on economic, financial and technical capacity who have also passed the pass/fails and achieved the minimum standards in each case outlined above will be invited to receive the ITN. Where there is more than one Applicant ranked in seventh place (or last place if less than seven Applicants) then the Applicant scoring highest in the most heavily weighted question (see the table at paragraph 4.8 of the PQQ guidance document for the weightings) will proceed. If there is still a tie then the remaining weighted questions in descending order will be used to identify a difference between Applicants and to select the one in seventh place or last place (as the case may be).
Prior information notice
Notice number in the OJEU: 2013/S 135-234383 of 13.7.2013
Payable documents: no
Section VI: Complementary information
The PQQ, PQQ evaluation guidance, descriptive document and CLP Agreement are also available in PDF at https://www.gov.uk/government/collections/new-commercial-models-for-the-vehicle-certification-agency
Potential Applicants are required to register their expression of interest by emailing VCA.NCM@dft.gsi.gov.uk as soon as possible to receive a PQQ and the other related documentation in MS Word. For the avoidance of doubt potential Applicants should note that the return date for the completed PQQ response and signed CLP Agreement is Monday 14.4.2014 at 12:00 noon. These are to be sent to Mr Ian Brown, DfT, Group Procurement & Property Directorate, Zone 5/28,Great Minster House 33 Horseferry Road London, SW1P 4DR.
Applicants should also note that, in accordance with the UK Government’s policies on transparency, DfT intends to publish the PQQ, the ITN and the text of any resulting contractual arrangements, subject to possible redactions at the discretion of DfT on Contracts Finder. Further information on transparency can be found at: https://www.gov.uk/government/publications/procurement-and-contracting-transparency-requirementsguidance.
The PQQ referred to in this Notice has a supporting descriptive document. Please note that the descriptive document is directed only at persons who are:
(a) ‘investment professionals’ falling within the meaning set out in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “Order”); and/or
(b) high net worth entities falling within the meaning set out in Article 49(2) (a) to (d) of the Order; and/or
(c) pursuant to Article 49(2)(e) of the Order, other persons to whom the descriptive document may be otherwise lawfully communicated (“Eligible Recipients”).
Any person who is not an Eligible Recipient may not rely on the descriptive document and investment in NewCo will not be available to such persons.
Nothing in this Notice, the PQQ, the descriptive document or any related document constitutes investment advice.
DfT expressly reserves the right:
(i) not to award or enter into any contract as a result of the procurement process commenced by the publication of this notice;
(ii) to make whatever changes it may see fit to the content and structure of the tendering competition;
iii) to award one or more public contract(s) in relation to part only of the requirements covered by this notice; and/or
iv) to award a contract(s) in stages.
In no circumstances will DfT be liable for any costs incurred by the Applicants and their associated parties. Any expenditure, work or effort undertaken prior to contract award is accordingly a matter solely for the commercial judgment of potential Applicants and DfT will not be responsible for any such expenditure.
NewCo is being established, pursuant to DfT’s motoring services strategy, which can be found at: https://www.gov.uk/government/speeches/motoring-services-strategy.
To view this notice, please click here: https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=71055668
GO Reference: GO-201437-PRO-5512053
Department for Transport
5/28 Great Minster House, 33 Horseferry Road
SW1P 4DR London
Telephone: +44 2079442254
Internet address: www.gov.uk/government/organisations/department-for-transport
VI.5)Date of dispatch of this notice:7.3.2014