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PC392 Contract for the provision of Swimming Pool Maintenance (Planned and Responsive).

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Staffordshire County Council
Staffordshire Procurement, Wedgwood Building, Tipping Street
For the attention of: Susan Wilson
ST16 2DH Stafford
UNITED KINGDOM
Telephone: +44 1785854596
E-mail:
Fax: +44 1785854660

Internet address(es):

General address of the contracting authority: http://www.staffordshire.gov.uk/business/procurement/scc/staffspurchasing/

Further information can be obtained from: This is an electronic tender. All requests for information to be sent through the electronic tendering portal and messaging facility on the Proactis tendering system. Follow the instructions and follow the link to the proactis e-tendering. Initially go to http://www.staffordshire.gov.uk/business/procurement/etendering
Internet address: http://www.staffordshire.gov.uk/business/procurement/etendering

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: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
PC392 Contract for the provision of Swimming Pool Maintenance (Planned and Responsive).
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 1: Maintenance and repair services
Main site or location of works, place of delivery or of performance: Staffordshire.

NUTS code UKG2

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)
This contract is for the supply of material and labour for the planned and responsive maintenance of the current 38 swimming pools and associated equipment in Staffordshire County Council Establishments and any other establishments under the SLA agreements.
The contract will require planned biannual inspections to include water quality analysis and an inspection/servicing of the operating plant. It will also include a 24/7 callout facility for responsive maintenance.
Major replacement items excluded from the comprehensive nature of this contract are filter bodies, entire dosing systems (though components will be included) and heat exchangers.
The maintenance of the pool basin and surround is excluded from this contract, however ladders, handrails and scum trough covers and their fixings are included.
II.1.6)Common procurement vocabulary (CPV)

50000000, 50700000, 50800000

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: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
This contract is for the supply of material and labour for the planned and responsive maintenance of the current 38 swimming pools and associated equipment in Staffordshire County Council Establishments and any other establishments under the SLA agreements.
The contract will require planned biannual inspections to include water quality analysis and an inspection/servicing of the operating plant. It will also include a 24/7 callout facility for responsive maintenance.
Major replacement items excluded from the comprehensive nature of this contract are filter bodies, entire dosing systems (through components will be included) and heat exchangers.
The maintenance of the pool basin and surround is excluded from this contract, however ladders, handrails and scum trough covers and their fixings are included.
Estimated value excluding VAT: 422 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: The intial period is 1.10.2012 to 30.9.2014 (with 2 x 12 month options to extend). Therefore the first option may be taken up for the period 1.10.2014 to 30.9.2015 and the second option may be taken from 1.10.2015 to 30.9.2016.
Provisional timetable for recourse to these options:
in months: 18 (from the award of the contract)
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 2
II.3)Duration of the contract or time limit for completion
Duration in months: 24 (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:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Payments may be made following acceptance by the banking agents of the County Council.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
No special legal form is required by the grouping of providers but each provider will be required to become jointly or severally responsible for the contract before acceptance.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The requirements for minimum economic, financial and technical capacity will be included in the tender documents.
Any tender may be rejected from a company/organisation who interalia:
(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 26.5.1997 and Article 3(1) of Council Joint Action 98/742/JHA 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 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering. Please refer to Regulation no 23 of the Public Procurement Regulations 2006 (SI No 5) for additional rejection criteria (see link) http://www.opsi.gov.uk/si/si2006/20060005.htm.

III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: The applicant must meet the minimum set standards of economic and financial standing to service the term and value of the contract.

Financial checks will be undertaken for economic operators using one or more of the Councils current financial assessors; n2check (www.n2check.com), Dun & Bradstreet (www.dnb.co.uk), Experian (www.experian.co.uk).

Economic operators will be assessed according to the level of risk stipulated by the financial assessors used. Any economic operator being given an above average/higher than average risk rating or poorer, by one or more of the assessors used, may be rejected.
Note:
1. It is the responsibility of the economic operator to ensure that the appropriate accounts have been filed and that the credit information held is correct.
2. Should economic operators wish other financial information to be taken into account to support the economic and financial check this should be submitted with the response to the PQQ. SCC reserves the right to request further financial information and to take this into account where necessary in addition to the level of risk stipulated by the financial assessors.
3. For sole traders/partnerships where third party financial assessments are not available the assessment will be undertaken using a financial spreadsheet detailing trading account data for the last three years.
The organisation should hold as a minimum the following insurance levels or be able to provide with their response, a written statement advising that should they be awarded the contract they will have the required levels of insurance in place for the commencement of the contract.
Public Liability 5 000 000 GBP.
Employers Liability 5 000 000 GBP.
Professional Indemnity 2 000 000 GBP.
Failure to achieve or agree to this may lead to disqualification.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
The requirements for minimum economic, financial and technical capacity will be included in the PQQ documents. For this particular procurement CHAS AND NICEIC/ECA or equivalent certificates will be required.
The County Council absolutely require the following: Registration of CHAS or national equivalent and NICEIC or ECA or equivalent. Compliance with Regulation 23 of the Public Contract Regulations 2006 (see section III.1.4). Evidence of experience of delivery of services which are the same or similar in size and nature as to those specified. Scored criteria and pass/fail requirements as detailed below:
- eligibility of organisation - fail on unlawful actions,
- economic and financial standing - fail on above average risk rating on financial checks,
- technical ability - fail if questions not answered in full,
- health and safety - question 4 fail on >2, questions 5 & 6 fail on >1,
- insurance certification - fail if unable to meet minimum insurance levels.
The above pass/fail criteria (see PQQ documentation for further details) is also in addition to scored criteria presented in the PQQ questionnaire documents.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
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: Envisaged number of operators 5.
Objective criteria for choosing the limited number of candidates:
Compliance review (pass / fail).
Economic and financial standing (pass / fail).
Insurance (pass / fail).
Health and safety (3 questions pass / fail).
Accreditations and competency (2 questions pass / fail).
Technical capacity (100 %). Total: 100 %.
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 no
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:
PC392
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 18.4.2012
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
18.4.2012
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
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 tenders

Place:

Staffordshire Procurement Offices.

Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: Attendance is limited to members of the authority's staff.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published: 18 months (if option to extend is not exercised) or 40 months (if both options to extend are exercised).
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
This is an electronic tender. All requests for information to be sent through the electronic tendering portal and message facility on the Proactis electronic tendering system. How to register:

1. Instructions at http//www.staffordshire.gov.uk/business/procurement/etendering/

2. Follow the link to Proactis E-Tendering (http://www.staffordshire.alito.co.uk). On the main page click suppliers then (new user) register links.

3. Complete the self-registration questions and click the Register button.
4. You will receive a confirmation e-mail with an authentication link (this email may find its way to your trash/junkemail account, so please check).
5. Confirm the authentication and then login into Proactis suppliers-side.
6. Search the bulletin board for the tender(s) using key words, search criteria etc.
7. Once found, click on the (blue) contract title to register interest against an active tender.
8. Click the register button and then continue.
9. The tender will now be in the my tenders profile area on the main menu.
10. Find the read me first document and continue with managing the tender.

If you require urgent assistance regarding the initial usage of the eTendering package please contact the Contracting Authority point-of-contact in Section I.1 of this notice. On failure to reach this contact, please immediately email the nature of the difficulty to .

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

As I.1
UNITED KINGDOM

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a minimun 10 calendar day standstill period (or 15 days where non-electronic or fax methods are used) at the point that an award decision notice 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/frameworkagreement. If an appeal regarding the award of a contract/framework agreement has not been successfully resolved, the Public Contracts (Amendment) Regulations 2009 provide for aggrieved parties who have been harmed or are at risk of a breach of the rules to take action in the High Court (England, Wales and NorthernIreland). 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 framework agreement 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

As I.1
UNITED KINGDOM

VI.5)Date of dispatch of this notice:
7.3.2012