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

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

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

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

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

This will predominately focus on the Council's estates portfolio in Powys but may potentially also include other sites acquired and used by the Council (or PREP). The PREP may also operate outside the county of Powys where it is successful in securing work for other organisations.

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)

Powys County Council ("the Council") is seeking a private sector partner (PSP) to enter into a joint venture ("JV") to support the Council to deliver its ambitions for regeneration across Powys. These ambitions include the raising of capital (as required), the optimization of asset value for development, and the acceleration of regeneration across key towns within the County in order to maximise land use, value and regeneration. The initial focus is expected to be on the towns of Brecon and Welshpool.

The final structure of the JV will be the subject of discussion with tenderers during the competitive dialogue process. It is currently envisaged that the Council and its selected PSP will establish a jointly owned corporate vehicle with the Council primarily contributing through proposing sites to be optimized for disposal and the private sector partner (PSP) providing services and financing working capital towards realising the maximum value from the sale of those sites for development. The Council reserves the right to agree a different JV structure such as a contractual joint venture or other structure.

The Council owns a wide and diverse range of assets including buildings, land (brown/green field) and farms. With thousands of assets in total, about 750 of these are buildings. The buildings include schools, centres, offices, depots, workshops, libraries, livestock markets and even a wharf. A rationalisation programme is already underway and is a top priority for the Council.

The Council recognises the significant savings that it has and will have to continue to make over the coming years. It continues to deliver services in a more efficient and innovative way (e.g. co-location of services) which is resulting in many site disposal opportunities becoming available.

Although a smaller Council, it Members and Offices have seen the need to find an innovative solution to maximise the value of its disposal assets and to meet its regeneration aspirations for the towns and people of Powys.

Welsh Government are keenly interested in the development of the Powys Real Estate Partnership (PREP) and their support has been demonstrated with funding from the Welsh Government Invest-to-Save I2S fund. Welsh Government are treating the PREP as a pathfinder project that may be rolled out in other Welsh Authorities.

There are many projects taking place within the Council which will lead to property becoming surplus such as the WG 21st Century Schools Modernisation Programme and colocation of services. Whilst the initial focus of PREP is in relation to Brecon, where the Council have identified a number of properties with huge potential, it has also identified Welshpool as another area where numerous properties will be coming available. The Council is already identifying other property becoming surplus as these programs develop and envisage properties across the County becoming available, in particular within and around the main towns. In the immediate future it is likely that some of its schools will become or be identified as becoming surplus and other service buildings as these programs develop.

The opportunity is to carry out pre-development activity to identify, promote, enhance, and optimize the value of property assets and sites in preparing them for market disposal for onward development. It is envisaged that the JV will have the following key roles, to be provided by the PSP:

(1) Strategic Property Enabling and Advisory Services across the portfolio of Council owned sites and also other sites which may be acquired by the Council (either directly or through the PREP) during the partnership period. This may also include preparation of a Partnership Business Plan advising on the optimum sequencing of pre-development and disposals. For further information on these services see the Memorandum of Information

(2) Site Pre-Development Activities in optimising assets in preparation for market disposal including (but not limited to) development planning and securing planning permission; facilitating land assembly; structuring the transaction and identifying suitable purchasers and tenants for the site; provide working capital and resources; providing consultancy, sales and marketing, planning, financial modelling, master planning, enabling works planning and financial viability services as well as procuring, financing and managing initial enabling works contracts (such as decontamination works, refurbishment, demolition, archaeological surveys and other site investigations) where appropriate. For further information on these services see the Memorandum of Information.

The joint venture with the successful PSP (including through the PREP) will be for a period of 10 years with an option (at the sole discretion of the Council) to extend the contract for a further 5 years. The Council is also interested in the JV seeking other commercial and income generation opportunities in the public and private sector market over the long-term.

The PREP opportunity does not include carrying out or delivering the main developments of the sites but instead involves preparing and optimizing the value of sites for onward disposal for subsequent development.

However, the PREP may be called upon to plan, procure and contract manage some site clearance and decontamination; refurbishment; enabling works and related services (together the "enabling works") as part of its role in delivering Site Pre-Development Activities to enhance assets.

To ensure value for money is achieved at the time when the site optimization projects are commenced and enabling works required (and in observing EU procurement principles on behalf of the Council), it is expected that the supply chain to deliver the enabling works will be competitively tendered by the PREP via a secondary procurement as required. The PSP (through the PREP) will therefore provide an integrator role in procuring and coordinating these third-party providers to deliver enabling works for the benefit of the Council (and would not be performing these enabling works itself).

Further details of the opportunity and scope and scale of potential sites are provided in the Memorandum of Information accompanying the pre-qualification questionnaire (see section VI.3 (Additional Information) for details of how to obtain these). Procurement Documents are also available to view through the portal referred to in section I.1 above (Electronic Access to Information) and can be accessed via the Attachments area on the portal.

Bidders should note that the Procurement Documents are draft documents at this stage, providing indicative information of the Council's intended approach in the procurement process and are for general information only. The Council reserves the right to vary, amend and update any aspects of the Procurement Documents and final details and versions of the Procurement Documents will be confirmed to applicants successful in being selected to participate in the relevant tender stages of the procurement procedure.

NOTE: The authority is using eTenderwales to carry out this procurement process. To obtain further information record your interest on Sell2Wales at http://www.sell2wales.gov.uk/search/search_switch.aspx?ID=28510

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

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

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

The Council reserves the right to require deposits, guarantees, bonds or other forms of appropriate security.

III.1.2)

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

Details will be set out in the Invitation to Participate in Competitive Dialogue (ITPD) and/or the contractual documentation and will be developed throughout the competitive dialogue procedure.

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

Expressions of interest in response to this contract notice may be submitted by a single bidder or a consortium. The contracting authority 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.

III.1.4)

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

The PREP may be required to actively participate in the achievement of social and/or environmental policy objectives relating to recruitment and training and supply-chain initiatives. Accordingly contract performance conditions may relate in particular to social and environmental considerations.

III.2)

Conditions for Participation

III.2.1)

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

In accordance with Articles 57 to 63 of Directive 2014/24/EU and Regulations 57 to 63 of the Public Contracts Regulations 2015 and as set out in the pre-qualification questionnaire available from the address in section I.1

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

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?

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?

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?

IV.1.2)

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

Objective criteria for choosing the limited number of candidates

As set out in the pre-qualification questionnaire

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

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

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

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

IV.3.6)

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

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

VI.2)

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

VI.3)

Additional Information

This project is funded by Welsh Government.

Section II.1.8 (Lots): The Council has not divided the contract into Lots because it is not appropriate for this arrangement.

Section II.1.9 (Variants) – The Council reserves the right to invite variant proposals and final details of whether variants will be invited will be provided to bidders that are shortlisted to participate in the competitive dialogue stage of the procurement.

Section II.1.2 Additional service categories: No.6 financial services; No.11 management consultancy services and No.14 property management services. The arrangements may also include managing enabling works.

It is anticipated that the invitation to participate in dialogue will be sent to short-listed bidders in October 2015.

Section IV.3.4 (Time-limit for requests to participate) - Expressions of interest must be by way of completion and return of the prequalification questionnaire (in accordance with the requirements set out in the prequalification questionnaire) by the date and time specified in Section IV.3.4.

Some confidential information relating to sites is available upon interested parties returning a signed confidentiality agreement via the messaging facility on the eTenderwales portal (a copy of the agreement can be found within the Attachments area on the portal). This information in its nature relates to properties which may currently be occupied and therefore the Council requires these measures be observed in order to govern access to this information.

Expressions of interest must be received before the deadline.

Bidders are encouraged to submit their submissions well in advance of the stated date and time in order to avoid such issues as technical difficulties with the electronic system that may be due to the high volumes of traffic attempting to submit applications on the same date at the same time. Expressions of interest delivered after the date and time specified or to a different address, electronically or otherwise, will not be considered.

The contracting authority reserves the right not to award the opportunity or to award only part (or a different arrangement) of the opportunity described in this contract notice.

- Instructions for Suppliers – Registration on eTenderwales -

Powys County Council will be conducting this tender through the Value Wales eTendering portal. This can be found at www.etenderwales.bravosolution.co.uk, all information may be downloaded and returned through this channel.

Internet address(es): http://etenderwales.bravosolution.co.uk

Suppliers Instructions How to Express Interest in this PQQ.

1. Register your company on the eTenderwales portal (this is only required once)

- Browse to the eSourcing Portal: www.etenderwales.bravosolution.co.uk

- Click the “Click here to register” link

- Accept the terms and conditions and click “continue”

- Enter your correct business and user details

- Note the username you chose and click “Save” when complete

- You will shortly receive an email with your unique password (please keep this secure)

2. Express an Interest in the PQQ

- Login to the portal with the username/password

- Click the “Open Access PQQs” link.

- Click on the relevant PQQ to access the content. (PQQ_31882)

- Click the “Express Interest” button in the “Actions” box on the left-hand side of the page.

- This will move the PQQ into your “My PQQs” page. (This is a secure area reserved for your projects only)

- Click on the PQQ code, you can now access any attachments by clicking the “Settings and Buyer Attachments” in the “Actions” box

3. Responding to the PQQ

- You can now choose to “Reply” or “Reject” (please give a reason if rejecting)

- You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification

- Note the deadline for completion, then follow the onscreen instructions to complete the PQQ

- There may be a mixture of online & offline actions for you to perform (there is detailed online help available)

If you require any further assistance use the online help, or the BravoSolution help desk is available Mon – Fri (8am – 6pm) on:

- eMail: help@bravosolution.co.uk

- Phone: 0800 368 4850 / Fax: 020 7080 0480

Tenders or Requests to Participate must be sent to:

Official name: www.etenderwales.bravosolution.co.uk

(WA Ref:28510)

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:

VI.4.3)

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

VI.5)

Dispatch date of this Notice