Services Accelerated Restricted Procedure Notice |
| SECTION I: CONTRACTING AUTHORITY |
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I.1) NAME, ADDRESSES AND CONTACT POINT(S) Official name: Department for Transport (DfT), Postal Address: Procurment Directorate 3/29, Great Minster House, 76 Marsham Street, Town: London, Telephone: (+44) 207 944 5979, E-mail: pqq@dft.gsi.gov.uk, Contact Point(s): John Stock, For the attention of: John Stock, Postal Code: SW1P 4DR, Country: UNITED KINGDOM, Fax: (+44) 207 944 2177, General address of the contracting authority (URL): www.dft.gov.uk, Address of the Buyer Profile (URL): www.dft.g2b.info
I.1.1) Further information can be obtained at As in I.1.
I.1.2) Specifications and additional documents (including documents for a Dynamic Purchasing System) can be obtained at As in I.1.
I.1.3) Tenders or requests to participate must be sent to As in I.1.
I.2.1) Type of contracting authority Ministry or any other national or federal authority, including their regional or local subdivisions
If 'other' please specify
I.2.2) Main activity or activities
Other
If 'other' please specify Government Transport Policy
I.2.2) The contracting authority is purchasing on behalf of other contracting authorities? No
| SECTION II: OBJECT OF THE CONTRACT |
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II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority UK-London: Specialist Advice and Support in Connection with DfT's Duties as 'Operator of Last Resort'
II.1.2) Service Category 11.
II.1.2.1) Main place of performance Department for Transport (DfT), Great Minster House, London. As in I.1.
NUTS Code UK.
II.1.3) The notice involves A public contract
II.1.4) Information on framework agreement (if appropriate)
Number
OR, if applicable, maximum number of participants to the framework agreement envisaged
II.1.4.1) Duration of the framework agreement (if appropriate)
Period in year(s)
OR month(s)
Justification for a framework agreement the duration of which exceeds four years
II.1.4.2) Estimated total value of purchases for the entire duration of the framework agreement (give figures only)
Estimated value excluding VAT
OR range: between
and
Currency
Frequency and value of the contracts to be awarded (if possible)
II.1.5) Short Description of the contract or purchase(s) "Section 30 of the Railways Act 1993 places a duty on the Secretary of State to provide or secure the provision of services for the carriage of passengers by rail, where a franchise agreement in respect of the services is terminated but no further franchise agreement has been entered into in respect of the services. In the event that the DfT has to take over the management of rail services in respect of a Train Operating Company (TOC) or TOCs it is important to ensure services are maintained." When acting as Operator of Last Resort in respect of any particular failed franchise it will be necessary for the DfT to rely upon bought in specialist advice from the contractor as part of the contract that it is seeking to put in place following this tendering exercise. Provision of this specialist consultancy support advice to DfT will include, but not be limited to: Advice including management of transition i.e. ensuring continuity of train services, business planning, stakeholder management, project management services including, but not limited to, risk, financial and budgetary advice. This will include providing experienced management resources to take over the running of the TOC if required. UNITED KINGDOMTransport systems consultancy services.Transport systems consultancy services.
II.1.6) Common Procurement Vocabulary (CPV)
Main Object: 71311200.
II.1.7) Contract covered by the Government Procurement Agreement (GPA)? Yes
II.1.8) Division into lots No
If yes, tenders should be submitted for
Lot No
II 1.9) Variants will be accepted No
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope (including all lots and options, if applicable) Due to the uncertainty of Operator of Last Resort (OoLR) plans being activated (i.e.whether any TOCs,and, if so, how many, would require the DfT to step in to maintain services), it is difficult to estimate a total figure should the Department require support. The duration of the contract will be for a period of 5 years. It is anticipated that the Department will spend between 50,000 GBP and 18,000,000 GBP over the five years of the contract depending on whether the contracted supplier is called upon for operational reasons to step in and perform their duties under OoLR.
If known, estimated value excluding VAT (give figures only)
OR range: between
and
Currency
II.2.2) Options (if applicable) No
If yes, description of these options
If known, provisional timetable for recourse to these options: Period in month(s)
or day(s) (from the award of the contract)
Number of possible renewals (if any):
or Range: between
and
If known, in the case of renewable contracts, estimated time-frame for subsequent contracts: in month(s)
and/or days (from the award of the contract)
II.3) DURATION OF THE CONTRACT OR TIME PERIOD FOR COMPLETION
Either: Period in months 60
And / or days (from the award of the contract)
Or: Starting
And/or ending
| SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION |
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III.1) CONDITIONS RELATING TO THE CONTRACT
III.1.1) Deposits and guarantees required (if applicable) Applicants invited to tender will be advised.
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them Tenders are to be priced in Sterling and payment will only be made in Sterling.
III.1.3) Legal form to be taken by the grouping of economic operators to whom the contract is to be awarded (if applicable)
III.1.4) Other particular conditions to which performance of the contract is subject (if applicable) No
If yes, description of particular conditions
III.2) CONDITIONS FOR PARTICIPATION
III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Any supplier may be disqualified who:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26 May 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering.
Information and formalities necessary for evaluating if requirements are met Whether any of the circumstances described in Article 45.1 (a - d) or 45.2 (a - g) of Directive 2004/18/EC (Regulation 23 of UK SI 2006 No.5) including, but not limited to, environmental issues, apply; Certificate of enrolment on the professional or trade register under the conditions laid down by the laws of the Member State in which he is established, for instance on the Register of Companies in the United Kingdom and Ireland or declaration on oath or solemn declaration; Extract from the "judicial record" or, failing this, an equivalent document issued by a competent judicial or legal authority in the country of origin or the country whence that person comes, or declaration on oath or solemn declaration. The full range of statements for the personal situation of organisations is included at Part G of the Pre Qualification Questionnaire.
III.2.2) Economic and financial capacity
Information and formalities necessary for evaluating if requirements are met (If applicable) Please supply all requested information and documents as requested in Parts B and C of the Pre-Qualification Questionnaire. The Department will be assessing the PQQs it receives against a variety of financial and contractual measures. On this basis organisations will be categorised pass or fail. Organisations assessed to have failed for the purposes of this competition will not be invited to tender. Full details of the range of assessment criteria are stated in Parts B and C of the Pre-Qualification Questionnaire.
Minimum level(s) of standards possibly required (if applicable) Please refer to separately available Pre-Qualification Questionnaire.
III.2.3) Technical capacity
Information and formalities necessary for evaluating if requirements are met (If applicable) The information and formalities necessary for assessing Potential Providers are provided in the Pre-Qualification Questionnaire. Subject to this, applicants for the appointment will be required to demonstrate clearly their depth of resource and level of skills and experience of technical, commercial and programme assurance on major rail projects, project management, stakeholder management, business planning, risk management, financial and budgetary management skills. Commercial management, cost control and estimating; - Assessment of change and risk and value management; - Railway rolling stock and depot specification and procurement; - Stakeholder interface management; - Programming, monitoring and reporting; - Establishing effective working relationships with stakeholders over the life of the project; and - Advice on and audit of health and safety, quality and environmental issues.
Minimum level(s) of standards possibly required (if applicable) As per Parts D and E of the Pre-Qualification Questionnaire.
III.2.4) Reserved Contracts (if applicable) No
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1) Execution of the service is reserved to a particular profession No
If yes, reference of the relevant law, regulation or administrative provision
III.3.2) Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service Yes
IV.1) TYPE OF PROCEDURE Accelerated restricted procedure.
IV.1.1) Justification for the choice of accelerated procedure Urgent Operational Need
IV.1.2) Limitations on the number of operators that will be invited to tender or to participate (when applicable)
Envisaged number of operators
Or Envisaged minimum number 3
and, if appropriate, maximum number 5
Objective criteria for choosing the limited number of candidates:
IV.2) AWARD CRITERIA
IV.2.1) Award criteria (please tick the relevant box(es)) B) The most economically advantageous tender in terms of: B2) the criteria as stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document.
IV.2.2) An electronic auction will be used No
If yes, additional information about electronic auction (if appropriate)
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1 File reference number attributed by the contracting entity (if applicable) Organisations wishing to express an interest to be invited to tender should download a Pre-Qualification Questionnaire from www.dft.gov.uk/per/rail/passenger before noon on 18 August 2009.
IV.3.2) Previous publication concerning the same contract Yes
If yes: Notice on a Buyer Profile
IV.3.2.1) Notice number in OJ:
Notice number in OJ: 2009/S 61-088220
Of 28/03/2009
IV.3.2.2) Other previous publications
Notice number in OJ:
Of
IV.3.3) Conditions for obtaining specifications and additional documents (except for a DPS)
Time-limit for receipt of requests for documents or for accessing documents 18/08/2009
Time: 12:00
Payable documents No
If yes, Price (give figures only):
Currency
Terms and method of payment
IV.3.4) Time limit for receipt of tenders or requests to participate
Date 18/08/2009
Time 12:00
IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates 07/09/2009
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up English
Other - third country
IV.3.8) Conditions for opening tenders
IV.3.8.1) Date, time and place
Date 28/09/2009
Time 12:00
Place (if applicable) Procurement Directorate 3/29 Great Minster House 76 Marsham Street London SW1P 4DR
IV.3.8.2) Persons authorised to be present at the opening of tenders (if applicable) No
If yes, authorised persons
| SECTION VI: COMPLEMENTARY INFORMATION |
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VI.1) THIS IS A RECURRENT PROCUREMENT (if applicable) No
If yes, estimated timing for further notices to be published:
VI.2) CONTRACT(S) RELATED TO A PROJECT AND / OR PROGRAMME FINANCED BY EU FUNDS No
If yes, reference to project(s) and / or programme(s)
VI.3) ADDITIONAL INFORMATION (if applicable) Organisations wishing to express an interest to bid should download a Pre-Qualification Questionnaire from www.dft.gov.uk/per/rail/passenger and submit a completed pre-qualification questionnaire together with all supporting documents to the named individual in section 1 before noon on 17 August 2009. All questions relating to the competition must be addressed in the first instance to pqq@dft.gsi.gov.uk. The authority expressly reserves the rights: (1) Not to award any contract as a result of the procurement process commenced by the publication of this notice; (2) In no circumstances will the authority be liable for any costs incurred by the candidates. GO reference: GO 09080417/01
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures
Body responsible for mediation procedures (if applicable)
VI.4.2) Lodging of appeals (please fill heading VI.4.2 OR if need be, heading VI.4.3)
Precise information on deadline(s) for lodging appeals: The Department for Transport will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. In the first instance such additional information should be required from the address provided in part 1.1. Following that, if the parties still cannot resolve the matter then it should be escalated to the Deputy Director of Procurement, Great Minster House, 76 Marsham Street, London SW1P 4DR Tel. 020 7944 3045. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5) provide for aggrieved parties who have been harmed or are at risk of harm by 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). Where a contract has not been entered into the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages.
VI.4.3) Service from which information about the lodging of appeals may be obtained
VI.5) DATE OF DISPATCH OF THIS NOTICE 04/08/2009
END OF NOTICE
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