Section I: Contracting authority
I.1) Name, addresses and contact point(s)
Redcar & Cleveland Borough Council
Corporate Procurement, Redcar & Cleveland House, Kirkleatham Street
Contact point(s): Mrs Jane Turner
For the attention of: Mrs Jane Turner
TS10 1RT Redcar
UNITED KINGDOM
Telephone: +44 1642771258
E-mail:
jane.turner@redcar-cleveland.gov.ukInternet address(es):
General address of the contracting authority:
www.redcar-cleveland.gov.ukFurther information can be obtained from: NEPO portal
Internet address:
www.nepoportal.orgSpecifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained
from: NEPO portal
Internet address:
www.nepoportal.orgTenders or requests to participate must be sent to: NEPO portal
Internet address:
www.nepoportal.orgI.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:
Managed Leisure Services.
II.1.2) Type of contract and location of works, place of delivery or of
performance
Services
Service category No 26: Recreational, cultural and sporting services
Main site or location of works, place of delivery or of performance:
Redcar & Cleveland.
NUTS code UKC12
II.1.3) Information about a public contract, a framework agreement or a
dynamic purchasing system (DPS)
The notice involves a public contract
II.1.5) Short description of the contract or purchase(s)
Redcar & Cleveland Borough Council are seeking a partner with whom to
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enter into a contract for the management, operation and maintenance of the
Council's leisure facilities during the term of the contract.
The partner will be expected to promote and develop the leisure offer in
the borough and to improve the quality of life for it’s residents by
providing high quality facilities that are accessible to all.
It is expected that the successful partner will be required to manage the
mobilisation, opening and commissioning of the leisure provision within
Redcar Leisure & Community Heart facility.
The contract is expected to be for 20 years with a break clause and/or
financial review exercisable by the Council every 5 years.
The council is minded to include the services currently provided by the
Council's Sports Development Unit as part of this contract, however such
sports development services and the additional facilities will be open to
consideration as part of the competitive dialogue.
The Council considers that this is a contract for part B services under
the Public Contracts Regulations 2006 ('the Regulations') or a service
concession contract that falls outside of the scope of the Regulations.
Consequently this is a voluntary notice and the Council is not bound by
many of the formalities of the Regulations and reserves the right to use
such flexibilities in this procurement process.
It is expected that the Transfer of Undertakings (Protection of
Employment) Regulations 2006 ("TUPE") will apply to the award of this
contract and that staff may transfer to an incoming provider. Bidders are
expected to seek independent legal advice on the application of TUPE in
these arrangements. Further details will be provided during the stages of
this process.
II.1.6) Common procurement vocabulary (CPV)
92610000, 92000000, 92620000, 50700000, 79993000, 77314000, 75200000,
77320000, 72222300, 37400000, 55520000, 90911200
II.1.7) Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.
Lots
This contract is divided into lots: no
II.1.9) Information about variants
Variants will be accepted: yes
II.2) Quantity or scope of the contract
II.2.1) Total quantity or scope:
The Council currently pays subsidy of 1 200 000 GBP per annum but would
like to move to a position over the term of the contract where leisure
provision is self sustaining whilst still providing a balanced programme
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of activity.
The subsidy figure shown does not take into account the leisure provision
within the new Redcar Leisure & Community Heart facility which is
currently under construction or the Council's Sport Development Unit.
It also does not include current cost reduction intitatives to facilitate
an improvement in the commercial viability of the contract.
Estimated value excluding VAT:
Range: between 24 000 000 and 40 000 000 GBP
II.2.2) Information about options
Options: no
Section III: Legal, economic, financial and technical information
III.1) Conditions relating to the contract
III.1.1) Deposits and guarantees required:
The successful partner may be required as a condition of the contract to
provide a guarantee bond and/or other form(s) of guarantee or security
satisfactory to the Council in order to guarantee their satisfactory
performance of the contract. Any bond or guarantee shall be capable of
being enforced by the Council at anytime during the period of the
Contract, and for a period of 3 months thereafter. The successful partner
may also be required to provide a parent company guarantee in order to
guarantee their satisfactory performance of the contract, either as an
alternative to a guarantee bond or in addition thereto.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions governing them:
The Management fee payment mechanism will be based around availability and
performance standards of the specification and conditions of contract.
The provider will also have the opportunity to raise third party income in
operation of the Leisure Facilities. However, target groups (such as
people on benefits) will receive specific reductions in pricing. Further
details will be provided in the invitation to tender documents.
III.1.4) Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Under this scheme the partner may be
required to actively participate in the achievement of economic and/or
social and/or environmental policy objectives.
Accordingly contract performance conditions may relate in particular to
economic and/or social and/or 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
Information and formalities necessary for evaluating if the requirements
are met: Any supplier may be disqualified who:
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(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 compulsory winding up the 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 contract 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
organization, 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 26.5.1972 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 10.6.1991 on prevention of
the use of the financial system for the purpose of money laundering.
III.2.2) Economic and financial ability
Information and formalities necessary for evaluating if the requirements
are met: (a) appropriate statements from banks or, where appropriate,
evidence of relevant professional risk indemnity insurance;
(b) the presentation of balance-sheets or extracts from the
balance-sheets, where publication of the balance-sheet is required under
the law of the country in which the economic operator is established;
(c) a statement of the undertaking’s overall turnover and, where
appropriate, of turnover in the area covered by the contract for a maximum
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of the last 3 financial years available, depending on the date on which
the undertaking was set up or the economic operator started trading, as
far as the information of these turnovers is available.
III.2.3) Technical capacity
Information and formalities necessary for evaluating if the requirements
are met:
(a) a list of the works carried out over the past 5 years, accompanied by
certificates of satisfactory execution for the most important works. These
certificates shall indicate the value, date and site of the works and
shall specify whether they were carried out according to the rules of the
trade and properly completed. Where appropriate, the competent authority
shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services
provided in the past 3 years, with the sums, dates and recipients, whether
public or private, involved. Evidence of delivery and services provided
shall be given: - where the recipient was a contracting authority, in the
form of certificates issues or countersigned by the competent authority, -
where the recipient was a private purchaser, by the purchaser’s
certification or, failing this, simply by a declaration by the economic
operator;
(c) an indication of the technicians or technical bodies involved, whether
or not belonging directly to the economic operator’s undertaking,
especially those responsible for quality control and, in the case of
public works contracts, those upon whom the contractor can call in order
to carry out the work;
(d) a description of the technical facilities and measures used by the
supplier or service provider for ensuring quality and the undertaking’s
study and research facilities;
(e) where the products or services to be supplied are complex or,
exceptionally, are required for a special purpose, a check carried out by
the contracting authorities or on their behalf by a competent official
body of the country in which the supplier or service provider is
established, subject to that body’s agreement, on the production
capabilities of the supplier or the technical capacity of the service
provider and, if necessary, on the means of study and research which are
available to it and the quality control measures it will operate;
(f) the educational and professional qualifications of the service
provider or contractor and/or those of the undertaking’s managerial staff
and, in particular, those of the person or persons responsible for
providing the services or managing the work;
(g) for public works contracts and public services contracts, and only in
appropriate cases, and indication of the environmental management measures
that the economic operator will be able to apply when performing the
contract;
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(h) a statement of the average annual manpower of the service provider or
contractor and the number of managerial staff for the last 3 years;
(i) a statement of the tools, plant or technical equipment available to
the service provider or contractor for carrying out the contracts;
(j) an indication of the proportion of the contract which the services
provider intends possibly to subcontract.
Section IV: Procedure
IV.1) Type of procedure
IV.1.1) Type of procedure
competitive dialogue
IV.1.2) Limitations on the number of operators who will be invited to
tender or to participate
Envisaged minimum number 3: and maximum number 6
Objective criteria for choosing the limited number of candidates: As
detailed in Pre-Qualification documentation.
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 yes
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:
QTLE-8THET6
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: 1.6.2012 - 17:00
Payable documents: no
IV.3.4) Time limit for receipt of tenders or requests to participate
6.6.2012 - 12:00
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up
English.
Section VI: Complementary information
VI.2) Information about European Union funds
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The contract is related to a project and/or programme financed by European
Union funds: no
VI.3) Additional information
This is a voluntary OJEU contract notice. This contract will be a service
concession and is formally exempt under Regulation 6 of the Public
Contract Regulations 2006 (as amended) but is procured in accordance with
EU Treaty principles of openness, fairness, transparency and
non-discrimination.
It is expected that the Transfer of Undertakings (Protection of
Employment) Regulations 2006 ("TUPE") will apply to the award of this
contract and that staff may transfer to an incoming provider. Bidders are
expected to seek independent legal advice on the application of TUPE in
these arrangements. Further details will be provided during the stages of
this process.
The Council reserves the right not to award the opportunity or to award
only part (or a reconfigured version) of the opportunity described in this
notice. The final specification and details of permitted variants will be
made available to pre-qualified bidders at the invitation to dialogue
stage.
VI.5) Date of dispatch of this notice:
26.4.2012
Contract notice
Services
Directive 2004/18/EC