Forensic Accountancy
Contract notice
Services
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
The Insolvency Service
Cannon House, 18 Priory Queensway
For the attention of: Tim Batkin
B4 6FD Birmingham
UNITED KINGDOM
Telephone: +44 1216984495
E-mail:
Internet address(es):
General address of the contracting authority: http://www.bis.gov/insolvency
Address of the buyer profile: http://www.bis.gov/insolvency
Further information can be obtained from: The above mentioned contact point(s)
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
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Economic and financial affairs
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:
Forensic Accountancy
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 9: Accounting, auditing and bookkeeping services
Main site or location of works, place of delivery or of performance: The Insolvency Service through its Official Reciever offices, as described and detailed within the PQQ and ITT.
Service category No 9: Accounting, auditing and bookkeeping services
Main site or location of works, place of delivery or of performance: The Insolvency Service through its Official Reciever offices, as described and detailed within the PQQ and ITT.
NUTS code UK
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 12
Range: between 1 800 000 and 2 200 000 GBP
maximum number of participants to the framework agreement envisaged: 12
Duration of the framework agreement
Duration in months: 48Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT:Range: between 1 800 000 and 2 200 000 GBP
II.1.5)Short description of the contract or purchase(s)
Forensic Accountancy Framework:
The Insolvency Service wishes to create a Framework Agreement for forensic accountants to provide services under the provisions of the Companies Act 1985 specifically s447. The Insolvency Service undertakes confidential enquiries into live companies under s447 of the Companies Act 1985.
This is a highly specialised role, involving a detailed knowledge of company and insolvency law and often a good knowledge of a particular industry or alternatively of what might constitute breach of a particular statue or requirement. It involves attending on a company's premises, seeking access to financial records, investigating the case with a view to identifying any matters which may cause concern, where necessary requiring information from third parties, preparing a report and, quite often but not always, drafting an affidavit for use in Court proceedings - and note that this evidence may require the individual to appear in Court on behalf of the SoS.
The Insolvency Service wishes to create a Framework Agreement for forensic accountants to provide services under the provisions of the Companies Act 1985 specifically s447. The Insolvency Service undertakes confidential enquiries into live companies under s447 of the Companies Act 1985.
This is a highly specialised role, involving a detailed knowledge of company and insolvency law and often a good knowledge of a particular industry or alternatively of what might constitute breach of a particular statue or requirement. It involves attending on a company's premises, seeking access to financial records, investigating the case with a view to identifying any matters which may cause concern, where necessary requiring information from third parties, preparing a report and, quite often but not always, drafting an affidavit for use in Court proceedings - and note that this evidence may require the individual to appear in Court on behalf of the SoS.
II.1.6)Common procurement vocabulary (CPV)
79200000, 79211000, 79211100, 79212000, 79212500, 79212100
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:
Full details wiil be contained within the PQQ and ITT documents. Estimated value excluding VAT range between GBP 1,800,000 and GBP 2,200,000. The contract will have an initial durartion of three years (36 months) once awarded, i.e. to July 2016, with the option to extend by a further 1 year i.e. 2017.
Estimated value excluding VAT:
Range: between 1 800 000 and 2 200 000 GBP
Estimated value excluding VAT:
Range: between 1 800 000 and 2 200 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: The initial contract will have a duration of three years with the option to extend by a further year.
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)
Description of these options: The initial contract will have a duration of three years with the option to extend by a further year.
Provisional timetable for recourse to these options:
in months: 36 (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
Duration in months: 48 (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:
Parent company guarantee or contract guarantee bond maybe necessary.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Where bids are submitted as part of consortium or association, the "Group" would be required to nominate a Lead Partner with whom the contracting authority can contract with or; form themselves into a single legal entity; or to accept joint and several liability.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: no
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: Regulations 23 and 24 of the Public Contracts Regulations 2006 will apply. As per Pre-Qualification documentation (PQQ) See section VI.3.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: As per Pre-Qualification documentation (PQQ) See section VI.3.
Minimum level(s) of standards possibly required: As per Pre-Qualification documentation (PQQ) See section VI.3.
Minimum level(s) of standards possibly required: As per Pre-Qualification documentation (PQQ) See section VI.3.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
As per Pre-Qualification documentation (PQQ) See section VI.3.
Minimum level(s) of standards possibly required:
As per Pre-Qualification documentation (PQQ) See section VI.3.
As per Pre-Qualification documentation (PQQ) See section VI.3.
Minimum level(s) of standards possibly required:
As per Pre-Qualification documentation (PQQ) See section VI.3.
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: yes
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 minimum number 15: and maximum number 20
Objective criteria for choosing the limited number of candidates: As per Pre-Qualification documentation (PQQ) See section VI.3.
Objective criteria for choosing the limited number of candidates: As per Pre-Qualification documentation (PQQ) See section VI.3.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
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:
Forensic Accountancy Framework Agreement.
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: 13.2.2013 - 17:00
Payable documents: no
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
13.2.2013 - 17:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
19.3.2013
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 of tenders
Section VI: Complementary information
VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published: 48 months.
Estimated timing for further notices to be published: 48 months.
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
As a result, Government has developed a new approach to ensuring previous poor performance by suppliers can be taken into account and robustly assessed prior to new contracts being entered into.
Contracting Authorities will now ensure that consideration of poor performance on existing or previous contracts is made at the Selection stage, in the assessment of technical and professional ability (Reg. 25). This will include where there are examples of serious and persistent breach in the delivery of both current and previous contracts.
Where a supplier has been found to have committed "Grave Misconduct" in the course of their business or profession, the Contracting Authority will have the right to exercise "Discretionary Exclusion" of that supplier under the Public Contracts Regulations 2006.
In addition, Contracting Authorities will reassess economic and financial standing, and technical and professional ability, and any discretionary or mandatory grounds for exclusion, before key points in the procurement process (i.e. short listing, preferred bidder status, award of contract etc). This will be done by asking the bidder whether anything has changed since the original assessment; and by checking with other departments/contracting authorities.
All suppliers who wish to respond to this OJEU notice and indicate their interest in the tender, should request a Pre-Qualification Questionnaire (PQQ) document, which provides further detail relating to this procurement. The PQQ AND ALL communication should be via:
Managing Supplier Poor Performance cross-Government Government has not always managed its strategic suppliers on a cross-Government basis as effectively as it might. This has resulted in suppliers continuing to win new work with Government even when there are substantial performance concerns with existing contracts.As a result, Government has developed a new approach to ensuring previous poor performance by suppliers can be taken into account and robustly assessed prior to new contracts being entered into.
Contracting Authorities will now ensure that consideration of poor performance on existing or previous contracts is made at the Selection stage, in the assessment of technical and professional ability (Reg. 25). This will include where there are examples of serious and persistent breach in the delivery of both current and previous contracts.
Where a supplier has been found to have committed "Grave Misconduct" in the course of their business or profession, the Contracting Authority will have the right to exercise "Discretionary Exclusion" of that supplier under the Public Contracts Regulations 2006.
In addition, Contracting Authorities will reassess economic and financial standing, and technical and professional ability, and any discretionary or mandatory grounds for exclusion, before key points in the procurement process (i.e. short listing, preferred bidder status, award of contract etc). This will be done by asking the bidder whether anything has changed since the original assessment; and by checking with other departments/contracting authorities.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
See section VI.4.2 and VI.4.3
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Insolvency Service 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. Such additional information should be requested from the address in section 1.1 If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 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). Where a contract has not been entered into the court may order the settling aside of the award decision or order the authority to amend any document and may award damages.
VI.4.3)Service from which information about the lodging of appeals may be obtained
The Insolvency Service
Cannon House, 18 Priory Queensway
B4 6FD Birmingham
UNITED KINGDOM
E-mail:
Telephone: +44 1216984495
Internet address: http://www.bis.gov/insolvency
VI.5)Date of dispatch of this notice:
7.1.2013