[Forum Admin]

Section I: Contracting authority

I.1) Name, addresses and contact point(s)
London Borough of Hammersmith and Fulham
Town Hall, King Street, Hammersmith
W6 9JU London
UNITED KINGDOM
Telephone: +44 2087483020
Internet address(es)
General address of the contracting authority http://www.lbhf.gov.uk
Further information can be obtained from: London Tenders Portal (website)
London
UNITED KINGDOM
Internet address: www.londontenders.org
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained
from: London Tenders Portal (website)
-
London
UNITED KINGDOM
Internet address: www.londontenders.org
Tenders or requests to participate must be sent to: London Tenders Portal
(website)
London
UNITED KINGDOM
Internet address: www.londontenders.org
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: yes
City of Westminster
Westminster City Hall, 64 Victoria Street
SW1E 6QP London
UNITED KINGDOM
The Royal Borough of Kensington & Chelsea
The Town Hall, Hornton Street
W8 7NX London
UNITED KINGDOM

Section II: Object of the contract

II.1) Description
II.1.1) Title attributed to the contract by the contracting authority:
Tri Boroughs' total facilities management contract and framework
agreement.
II.1.2) Type of contract and location of works, place of delivery or of
performance
Services
Service category No 14: Building-cleaning services and property management
services
Main place of performance: Greater London.
NUTS code UKI
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)
This OJEU contract notice is giving notice of the procurement of a public
contract with a linked framework agreement attached as an additional but
secondary component.
The Contracting Authority is seeking to procure on behalf of itself and
the Royal Borough of Kensington & Chelsea and the City of Westminster
(both referred to as “the participating authorities”) an innovative
private sector partner to invest in, develop and provide a range of total
facilities management services through a strategic partnering arrangement
(the "total FM Contract”) and a separate framework agreement. The
Contracting Authority currently envisages that at the end of the
procurement process the total FM contract and any framework agreement
would be awarded to the successful supplier in its own right. However, the
Contracting Authority is interested in exploring with the suppliers that
are invited to participate in competitive dialogue what benefits, if any,
would be realized by the Contracting Authority on behalf of itself or
together with one or more of the participating authorities procuring as
part of this procurement a strategic private sector partner with which to
form a joint venture company and to which the total FM contract and any
framework agreement would be awarded. The Contracting Authority therefore
reserves the right as part of the current procurement to procure alongside
the delivery of the total FM contract and any framework agreement, a
partner with which to form a joint venture company or not to pursue this
route further at the Contracting Authority’s discretion.
The Contracting Authority and the participating authorities shall consider
during the procurement process the structure of the client entity that it
is anticipated will enter into the total FM contract and any framework
agreement with the supplier and are currently giving consideration to the
following options:
(1) The Contracting Authority and the Participating authorities establish
a wholly owned non-trading company (such as a Teckal company) which may in
time convert into a trading company; or
(2) The Contracting Authority enters into the total FM contract and any
framework agreement on behalf of itself and the participating authorities;
or
(3) The Contracting Authority and the participating authorities enter into
the total FM contract and any framework agreement.
The above list is not an exhaustive list of options and the Contracting
Authority reserves the right to consider alternative options and not to
proceed with any of the options stated above.
The principal outputs of the total FM contract will be to:
— Deliver to specified performance levels,
— Achieve efficiencies,
— Deriving the benefits of a shared service model for the users of council
services,
— Provide value for money and accountable services from a customer
perspective,
— Reduce revenue costs in supporting the delivery of front-line services
wherever possible,
— Deliver continuous improvement and innovation in respect of these
services.
It is anticipated that the core requirements that may be included in the
total FM contract will comprise the following:
Hard Facilities Management including reactive repairs; maintenance; minor
capital works; mechanical & electrical maintenance; re-lamping; fire
detection and fighting systems; lifts, hoists and conveying systems;
security, access and intruder systems; safety film; standby power systems
maintenance; audio-visual equipment maintenance; television cabling; hard
landscaping maintenance; soft landscaping maintenance; ponds and water
features; internal planting; cut flowers; control of asbestos; water
hygiene; statutory inspections; portable appliance testing; Building
Management Systems (BMS); locksmith services; clocks; furniture
management; signage.
Soft facilities management services including catering; room bookings and
community lettings; display boards; routine, periodic and reactive
cleaning; cleaning of external areas; window cleaning; cleaning of
exterior building fabric; graffiti and stain removal; sanitary
consumables; linen and laundry; pest control; waste management; reception
services; security services; mail services; messenger service; porterage;
stationery supply; journal, magazine and newspaper supply; reprographics
service.
Managed services including health and safety management; authorized
persons and permits to work; special needs services; risk management;
environmental management; business continuity planning.
Helpdesk and Computer Aided Facilities Management (CAFM) including
helpdesk and CAFM; room bookings and lettings management; car park
booking.
Management and administration including performance monitoring; key
performance indicators; contract management; quality approach; management
of sub-contractors; Electronic Property Information Mapping System
(ePIMS). The intention of the Contracting Authority and the participating
authorities is that property management IT services such as maintaining
the asset register, commercial lettings and project management are in
scope for this procurement but the Contracting Authority and the
participating authorities may review this during the procurement and
decide not to proceed with the procurement of these services.
This list is not exhaustive and consideration may be given both during the
procurement process and the contract term to the inclusion of additional
services or options for additional services which will assist in
delivering the services and principal outputs listed above.
The Contracting Authority intends to make the services delivered under the
total FM contract available to schools maintained by the Contracting
Authority and the participating authorities although the said schools
shall not be under any obligation to use the total FM contract.
The Contracting Authority wishes to enable other local authorities in
addition to the participating authorities to benefit from this
procurement. As such, in addition to the total FM contract the Contracting
Authority is seeking to procure a separate framework agreement for
call-offs by all local authorities and schools (maintained through public
funds) in Greater London (the "participating bodies"). A list of the
participating districts can be found at
http://www.london.gov.uk/who-runs-london/london-boroughs/list-boroughs.
The Contracting Authority is acting as a central purchasing body through
which the participating bodies and schools (maintained through public
funds) may wish to procure substantially similar services to those
included in the total FM contract under a separate framework agreement but
without any obligation on the participating bodies and the said schools to
participate. Accordingly it is the intention that the participating bodies
and the said schools should be able to rely on this procurement to
purchase such services without the need for any further procurement
process.
The duration of an individual call-off contract under any framework
agreement will not necessarily be limited to four years but will be
governed by the subject matter of the call-off contract concerned. The
form of the call-off contract will be agreed during the current
procurement process subject to the right to make specific amendments in
respect of an individual call-off.
It is anticipated that services delivered under the total FM contract will
commence in May 2013. The Contracting Authority envisages entering into
any framework agreement at the same time as the total FM contract although
the timing of any call-offs under the framework agreement will be a matter
to be decided between the relevant participating body and the supplier.
No guarantee or warranty is given as to the nature or volume, if any, of
the services or the number of call-offs, if any, under any framework
agreement.
It should also be noted that in addition to any change in the structure of
the client role as referred to in paragraphs 3 to 5 above, in the event of
re-structuring within local government this procurement and / or the total
FM contract and any framework agreement awarded will pass to successor
authorities to the Contracting Authority, the participating authorities
and the participating bodies as relevant and appropriate.
The Contracting Authority reserves the right to award only the total FM
contract and not to award any framework agreement or alternatively for the
total FM contract and any framework agreement to commence on different
dates.
II.1.6) Common procurement vocabulary (CPV)
79993000, 70330000, 50000000, 70332200, 71317200, 72253000, 71314200,
55500000, 64112000, 79710000, 79713000, 90711100, 90710000, 79994000,
98351000, 71310000, 71315100, 71334000, 50413200, 50750000, 50740000,
35120000, 50300000, 77314000, 03120000, 90650000, 71630000, 48420000,
98395000, 50432000, 34928470, 55300000, 55524000, 42933000, 55410000,
55000000, 98310000, 98133100, 32232000, 32235000, 31682230, 90919200,
90919300, 90911000, 90911200, 90690000, 33700000, 98311100, 98312000,
90920000, 90500000, 90513000, 90520000, 90514000, 79992000, 64214200,
64122000, 64120000, 98341120, 30190000, 22200000, 79800000, 30120000,
50310000, 71315210, 71315300, 71315400, 71316000, 60171000, 71314300,
50111100, 79996100, 98392000
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
Estimated total value of purchases for the entire duration of the
framework agreement
Estimated value excluding VAT:
Range: between 300 000 000,00 and 455 000 000,00 GBP
II.2.2) Information about options
Options: yes
Description of these options: It is anticipated that the duration of the
total FM contract shall be for an initial period of ten years but with the
ability to extend by one or more periods up to a further three years.
Provisional timetable for recourse to these options:
in months: 102 (from the award of the contract)
II.2.3) Information about renewals
This contract is subject to renewal: no
II.3) Duration of the contract or time limit for completion
Starting 1.5.2013. Completion 30.4.2023

Section III: Legal, economic, financial and technical information

III.1) Conditions relating to the contract
III.1.1) Deposits and guarantees required
Parent company guarantees, deposits, bonds or other forms of appropriate
security may be required for the.
Total FM contract and any framework agreement. Further details will be
included in the tender documents.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions governing them
To be developed in competitive dialogue.
III.1.3) Legal form to be taken by the group of economic operators to
whom the contract is to be awarded
The Contracting Authority will require the total FM contract and any
framework agreement to be with a legal entity. It reserves the right to
require groupings of contractors to take a particular legal form or to
require a single contractor to take primary liability. Members of any
consortium shall be jointly and severally liable. Legal.
Bodies shall be companies, partnerships or unincorporated joint ventures.
III.1.4) Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The successful supplier may be
required to actively participate in the achievement of community
well-being and positive outcomes for its customers. The supplier may also
be required to actively participate in the achievement of social and
economic growth and environmental and sustainability policy objectives
which.
Promote Greater London.
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: As set out in the pre-qualification questionnaire.
III.2.2) Economic and financial ability
Minimum level(s) of standards possibly required: As set out in the
pre-qualification questionnaire.
III.2.3) Technical capacity
Minimum level(s) of standards possibly required
As set out in the pre-qualification questionnaire.
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
competitive dialogue
IV.1.2) Limitations on the number of operators who will be invited to
tender or to participate
Envisaged number of operators 5
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.3.2) Previous publication(s) concerning the same contract
Prior information notice
Notice number in the OJEU: 2011/S 141-234373 of 26.7.2011
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: 8.12.2011 - 03:00
Payable documents: no
IV.3.4) Time limit for receipt of tenders or requests to participate
8.12.2011 - 03:00
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up
English.

Section VI: Complementary information

VI.1) Information about recurrence
This is a recurrent procurement: no
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
1. As referred to in II.1.5, the Contracting Authority is seeking to
procure a Framework agreement in addition to the total FM contract. The
information required by II.1.4 is as follows: this is a framework
agreement with a single operator and would be for a term of four years.
The estimated value of purchases for the entire duration of any framework
agreement is estimated excluding VAT to be in the range of 10 000 000 GBP
to 100 000 000 GBP.
2. With reference to II.1.2, the total FM contract and any framework
agreement relate to a wide-ranging total FM contract and the following
additional service categories are relevant - Service Codes 1, 2, 5, 7, 12,
15, 16, 17, 23, 26.
3. The Contracting Authority reserves the right to award only the total FM
contract and not to award any framework agreement. The duration of an
individual call-off contract under any framework agreement will not
necessarily be limited to the 4 year period referred to in paragraph 1
above but will be governed by the subject matter of the call-off contract.
4. It is for those invited to participate in dialogue to satisfy
themselves of the position, but it is the initial view of the Contracting
Authority that the transfer of undertakings (protection of employment)
regulations 2006 will apply to the total FM contract and potentially any
services outsourced under the terms of any framework agreement.
5. This tendering exercise is being undertaken through the London tenders
portal: (url: https://londontenders.org). Suppliers will need to register
an interest on the system in order to participate, and registration is
free.
6. Requests for clarification should be sent through the London tenders
portal. The Contracting Authority shall reply to requests for
clarification that are received by it before 12 pm (noon) on 1.12.2011.
VI.4) Procedures for appeal
VI.4.1) Body responsible for appeal procedures
High Court
Royal Courts of Justice Strand
WC2A 2LL London
UNITED KINGDOM
VI.4.2) Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Contracting
Authority will incorporate a minimum 10 calendar day standstill period at
the point information on the award of the contract is communicated to
tenderers.
Applicants who are unsuccessful shall be informed by the Contracting
Authority as soon as possible after the decision has been made as to the
reasons why the applicant was unsuccessful. If an appeal regarding the
award of the 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 breach of the rules to take
legal action. Any such action must be brought within the applicable
limitation period. Where a contract has not been entered into, the Court
may order the setting aside of the award decision or order the Contracting
Authority to amend any document and may award damages. If the contract has
been entered into the Court may, depending on the circumstances, award
damages, make a declaration of ineffectiveness, order the Contracting
Authority to pay a fine, and/or order that the duration of the contract be
shortened. The purpose of the standstill period referred to above is to
allow the parties to apply to the Courts to set aside the award decision
before the contract is entered into.
VI.5) Date of dispatch of this notice:
31.10.2011
Contract notice
Services