Consultant Services Agreement.
Contract notice
Services
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
The North London Waste Authority
Unit 360, Lee Valley Techno Park, Ashley Road
For the attention of: Project Manager
N17 9LN London
UNITED KINGDOM
Telephone: +44 2084894367
E-mail:
Fax: +44 2084891775
Internet address(es):
General address of the contracting authority: http://www.nlwa.gov.uk
Address of the buyer profile: http://www.nlwa.gov.uk
Electronic access to information: http://www.nlwa.gov.uk/consultancyservices
Electronic submission of tenders and requests to participate: n/aFurther 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
Regional or local authority
I.3)Main activity
General public services
Environment
Environment
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: yes
London Borough of Enfield
Civic Centre, Silver Street, Enfield
EN1 3XA London
UNITED KINGDOM
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Consultant Services Agreement.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
Main site or location of works, place of delivery or of performance: London.
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
Main site or location of works, place of delivery or of performance: 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.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
1. Background
The Authority is the second largest UK waste disposal authority. The Authority is a statutory authority with its membership consisting of two members from each of the seven north London Boroughs of Barnet, Camden, Enfield, Hackney, Haringey, Islington and Waltham Forest ("the Constituent Boroughs”). The Constituent Boroughs are the waste collection authorities. For the purposes of Lot 2-4, the Authority is the sole contracting authority. For Lot 2 (Planning) The Authority is contracting on behalf of itself and the London Borough of Enfield.
2. Services under this Consultant Services Agreement
The Authority is seeking to contract with experienced consultants in order for them to provide external advice and support in relation to the following workstreams which have been divided into four Lots:
Lot 1: Planning Consultancy Services - Waste Planning;
Lot 2: Technical Consultancy Services - Waste Forecasting and Modelling;
Lot 3: Technical Consultancy Services - Non-thermal Solutions;
Lot 4: Technical Consultancy Services - Thermal Solutions.
Please note that although in section II.1.2 of this contract notice, it is indicated that Service category - 12 (Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services is applicable to this procurement the following Service categories are also applicable:
- Service category 11 (Management consultancy services and related services but not arbitration and conciliation services).
- Service category 16 (Sewage and refuse disposal services; sanitation and similar services).
A more detailed scope of anticipated work under each of the above work streams / Lots is set out in the tender documentation available at the address set out in section I.1.
The Authority is the second largest UK waste disposal authority. The Authority is a statutory authority with its membership consisting of two members from each of the seven north London Boroughs of Barnet, Camden, Enfield, Hackney, Haringey, Islington and Waltham Forest ("the Constituent Boroughs”). The Constituent Boroughs are the waste collection authorities. For the purposes of Lot 2-4, the Authority is the sole contracting authority. For Lot 2 (Planning) The Authority is contracting on behalf of itself and the London Borough of Enfield.
2. Services under this Consultant Services Agreement
The Authority is seeking to contract with experienced consultants in order for them to provide external advice and support in relation to the following workstreams which have been divided into four Lots:
Lot 1: Planning Consultancy Services - Waste Planning;
Lot 2: Technical Consultancy Services - Waste Forecasting and Modelling;
Lot 3: Technical Consultancy Services - Non-thermal Solutions;
Lot 4: Technical Consultancy Services - Thermal Solutions.
Please note that although in section II.1.2 of this contract notice, it is indicated that Service category - 12 (Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services is applicable to this procurement the following Service categories are also applicable:
- Service category 11 (Management consultancy services and related services but not arbitration and conciliation services).
- Service category 16 (Sewage and refuse disposal services; sanitation and similar services).
A more detailed scope of anticipated work under each of the above work streams / Lots is set out in the tender documentation available at the address set out in section I.1.
II.1.6)Common procurement vocabulary (CPV)
71000000, 71200000, 71210000, 71220000, 71240000, 71241000, 71242000, 71248000, 71250000, 71300000, 71311000, 71311100, 71311200, 71311300, 71312000, 71313000, 71314000, 71314300, 71315200, 71317210, 71318000, 71351200, 71351500, 71356000, 71356200, 71356300, 71356400, 71400000, 71500000, 71510000, 71530000, 71541000, 71600000, 71620000, 71621000, 71700000, 71800000, 79400000, 79418000, 79419000, 79632000, 80000000, 80500000, 90700000, 90710000, 90711400, 90712100, 90713000, 90712000, 72000000, 72224000, 79723000, 72240000
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: yes
Tenders may be submitted for all lots
Tenders may be submitted for all lots
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:
The Authority envisages appointing one consultant for each Lot. Details of the selection and tender evaluation processes and the detailed scope of services for each Lot are set out in the tender documentation, which is available at the address set out in section I.1.
Estimated value excluding VAT:
Range: between 500 000 and 35 000 000 GBP
Estimated value excluding VAT:
Range: between 500 000 and 35 000 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: The Authority expects to have two options to extend the contract for each Lot.
Each extension would be for a duration of 1 year.
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)
Description of these options: The Authority expects to have two options to extend the contract for each Lot.
Each extension would be for a duration of 1 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: yes
Number of possible renewals: 2
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 12 (from the award of the contract)
Number of possible renewals: 2
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 12 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Duration in months: 36 (from the award of the contract)
Information about lots
Lot No: 1 Lot title: Lot 1: Planning Consultancy Services - Waste Planning1)Short description
To provide advice and support on planning aspects associated with the development of waste treatment and disposal solutions.
2)Common procurement vocabulary (CPV)
71000000, 71200000, 71210000, 71220000, 71240000, 71241000, 71242000, 71248000, 71250000, 71300000, 71311000, 71311100, 71311200, 71311300, 71312000, 71313000, 71314000, 71314300, 71315200, 71317210, 71318000, 71351200, 71351500, 71356000, 71356200, 71356300, 71400000, 71500000, 71510000, 71530000, 71541000, 71600000, 71620000, 71621000, 71700000, 71800000, 79400000, 79418000, 79419000, 79632000, 80000000, 80500000, 90700000, 90710000, 90711400, 90713000, 71356400, 72000000, 72224000, 90712100, 90712000
3)Quantity or scope
A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.
Estimated value excluding VAT:
Range: between 125 000 and 1 000 000 GBP
Estimated value excluding VAT:
Range: between 125 000 and 1 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 36 (from the award of the contract)
5)Additional information about lots
Lot No: 2 Lot title: Lot 2: Technical Consultancy Services - Waste Forecasting and Modelling
1)Short description
To provide advice and support on technical aspects associated with the development of waste forecasts and models for the development of waste treatment and disposal solutions.
2)Common procurement vocabulary (CPV)
71248000, 71241000, 71242000, 71356000, 71356200, 71356300, 71600000, 71620000, 71621000, 71700000, 79400000, 79419000, 79632000, 80000000, 80500000, 90700000, 90710000, 90713000
3)Quantity or scope
A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.
Estimated value excluding VAT:
Range: between 125 000 and 500 000 GBP
Estimated value excluding VAT:
Range: between 125 000 and 500 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 36 (from the award of the contract)
5)Additional information about lots
Lot No: 3 Lot title: Lot 3: Technical Consultancy Services - Non-thermal Solutions
1)Short description
To provide advice and support on technical aspects associated with the development of non-thermal waste treatment and disposal solutions
2)Common procurement vocabulary (CPV)
71000000, 71200000, 71210000, 71220000, 71240000, 71241000, 71242000, 71248000, 71250000, 71300000, 71311000, 71311100, 71311200, 71311300, 71312000, 71313000, 71314300, 71315200, 71317210, 71318000, 71351200, 71351500, 71356000, 71356200, 71356300, 71356400, 71400000, 71500000, 71510000, 71530000, 71541000, 71600000, 71620000, 71621000, 71700000, 71800000, 79400000, 79418000, 79419000, 79632000, 80000000, 80500000, 90700000, 90710000, 90711400, 90713000
3)Quantity or scope
A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.
Estimated value excluding VAT:
Range: between 125 000 and 1 000 000 GBP
Estimated value excluding VAT:
Range: between 125 000 and 1 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 36 (from the award of the contract)
5)Additional information about lots
Lot No: 4 Lot title: Lot 4: Technical Consultancy Services - Thermal Solutions
1)Short description
To provide advice and support on technical aspects associated with the development of thermal waste treatment and disposal solutions
2)Common procurement vocabulary (CPV)
71000000, 71200000, 71210000, 71220000, 71240000, 71241000, 71242000, 71248000, 71250000, 71300000, 71311000, 71311100, 71311200, 71311300, 71312000, 71313000, 71314000, 71314300, 71315200, 71317210, 71318000, 71351200, 71351500, 71356000, 71356200, 71356300, 71356400, 71400000, 71500000, 71510000, 71530000, 71541000, 71600000, 71620000, 71621000, 71700000, 71800000, 79400000, 79418000, 79419000, 79632000, 80000000, 80500000, 90700000, 90710000, 90711400, 90713000, 72000000, 72224000, 79723000, 72240000
3)Quantity or scope
A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.
Estimated value excluding VAT:
Range: between 125 000 and 1 000 000 GBP
Estimated value excluding VAT:
Range: between 125 000 and 1 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 36 (from the award of the contract)
5)Additional information about lots
Section III: Legal, economic, financial and technical information
III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
The Authority reserves the right to request deposits, guarantees, performance bonds and other forms of appropriate security, either from the tenderer or another member of the tenderer's corporate group. To the extent any of these are required, the relevant selection and tender requirements relating to these will be stated in the tender documentation, which is available at the address set out in section I.1.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Further details are provided in the tender documentation (as appropriate), which is available at the address set out in section I.1.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Where tenderers intend to bid in a consortium, the Authority reserves the right to require that any tenderers, if they are to be awarded the contract, take a particular legal form, or to require a single contractor to take primary liability or to require that each contractor undertakes joint and several liability. The Authority will accept the provision of services through sub-contractors and reserves the right to require a single contractor to take primary liability or to require that each contractor undertakes joint and several liability. Tenderers must provide full details of their proposed consortium and must notify the Authority immediately of any changes to these throughout the procurement. The Authority reserves the right to reject or impose conditions on the change(s) to a consortium if that is reasonably necessary to ensure the performance of the services or to meet the Authority's legal or procurement obligations. Full details of, and / or further, restrictions on changes to consortia are set out in the tender documentation, which is available at the address set out in section I.1.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Further details are provided in the tender documentation, which is available at the address set out in section I.1.
Description of particular conditions: Further details are provided in the tender documentation, which is available at the address set out in section I.1.
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: The Authority will evaluate all responses to the tender documents in accordance with Articles 45 to 50 of Directive 2004/18/EC and Regulations 23 to 25 of the Public Contracts Regulations 2006.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: In accordance with Article 47 of Directive 2004/18/ EC and Regulations 24, 26 and 27 of the Public Contracts Regulations 2006 and as set out in the the tender documents, which is available at the address set out in section I.1.
Minimum level(s) of standards possibly required: Tenderers are required to have an average minimum turnover of GBP 25,000,000 per annum for all 4 Lots. The responses to questions in the tender documents will be used to determine if this threshold has been reached.
Minimum level(s) of standards possibly required: Tenderers are required to have an average minimum turnover of GBP 25,000,000 per annum for all 4 Lots. The responses to questions in the tender documents will be used to determine if this threshold has been reached.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
In accordance with Articles 48 to 50 of Directive 2004/18/EC and Regulations 25, 26 and 27 and as set out in the tender documents, which is available at the address set out in section I.1.
Minimum level(s) of standards possibly required:
The minimum levels of techincal and professional ability are:
Lot 1: Planning Consultancy Services - Waste Planning.
Tenderers must demonstrate the following experience:
- provision of planning advisory services on a minimum of 3 waste infrastructure related projects, each with a capacity in excess of 100ktpa, which have received planning consent in the past 10 years;
- examples of relevant infrastructure include but are not limited to: commingled recycling systems; mechanical and/or biological processing of organics; production of solid recovered fuel; energy-from-waste; district energy networks; HWRCs; and collection / transfer operations;
Lot 2: Technical Consultancy Services -Waste Forecasting and Modelling
Tenderers must demonstrate the following experience:
- provision of technical adviser services on 5 waste modelling projects (with total material inputs exceeding 250ktpa), including at least 3 acting on behalf of a Local Authority in the past 5 years;
- examples of relevant waste forecast models include but are not limited to: commingled recycling systems; mechanical and/or biological processing of organics; production of solid recovered fuel; HWRCs; and collection / transfer operations;
Lot 3: Technical Consultancy Services - Non-thermal Solutions
Tenderers must demonstrate the following experience:
- provision of lead technical adviser services on 3 municipal waste infrastructure projects, including at least 2 acting on behalf of a Local Authority, each for a non-thermal waste treatment / disposal facility of a size exceeding a total capacity of 250ktpa, where the facilities have been established in the past 5 years;
- examples of relevant infrastructure include but are not limited to: commingled recycling systems; mechanical and/or biological processing of organics; production of solid recovered fuel; HWRCs; and collection / transfer operations;
Lot 4: Technical Consultancy Services - Thermal Solutions
Tenderers must demonstrate the following experience:
- provision of lead technical adviser services on 3 municipal waste infrastructure projects, including at least 2 acting on behalf of a Local Authority, each for a thermal waste treatment facility of a size exceeding a total capacity of 250ktpa, where the facilities have been established in the past 5 years;
- examples of relevant infrastructure include but are not limited to: biomass energy systems; processing of solid recovered fuel; conventional energy-from-waste systems; advanced thermal technologies; by-products and outputs management; district energy networks;
Tenderers should also provide details of the delivery team for these projects, including team structure, qualifications, and depth of organisational resources which ensured continuity technical service provision throughout the service period for each of the projects listed.
In accordance with Articles 48 to 50 of Directive 2004/18/EC and Regulations 25, 26 and 27 and as set out in the tender documents, which is available at the address set out in section I.1.
Minimum level(s) of standards possibly required:
The minimum levels of techincal and professional ability are:
Lot 1: Planning Consultancy Services - Waste Planning.
Tenderers must demonstrate the following experience:
- provision of planning advisory services on a minimum of 3 waste infrastructure related projects, each with a capacity in excess of 100ktpa, which have received planning consent in the past 10 years;
- examples of relevant infrastructure include but are not limited to: commingled recycling systems; mechanical and/or biological processing of organics; production of solid recovered fuel; energy-from-waste; district energy networks; HWRCs; and collection / transfer operations;
Lot 2: Technical Consultancy Services -Waste Forecasting and Modelling
Tenderers must demonstrate the following experience:
- provision of technical adviser services on 5 waste modelling projects (with total material inputs exceeding 250ktpa), including at least 3 acting on behalf of a Local Authority in the past 5 years;
- examples of relevant waste forecast models include but are not limited to: commingled recycling systems; mechanical and/or biological processing of organics; production of solid recovered fuel; HWRCs; and collection / transfer operations;
Lot 3: Technical Consultancy Services - Non-thermal Solutions
Tenderers must demonstrate the following experience:
- provision of lead technical adviser services on 3 municipal waste infrastructure projects, including at least 2 acting on behalf of a Local Authority, each for a non-thermal waste treatment / disposal facility of a size exceeding a total capacity of 250ktpa, where the facilities have been established in the past 5 years;
- examples of relevant infrastructure include but are not limited to: commingled recycling systems; mechanical and/or biological processing of organics; production of solid recovered fuel; HWRCs; and collection / transfer operations;
Lot 4: Technical Consultancy Services - Thermal Solutions
Tenderers must demonstrate the following experience:
- provision of lead technical adviser services on 3 municipal waste infrastructure projects, including at least 2 acting on behalf of a Local Authority, each for a thermal waste treatment facility of a size exceeding a total capacity of 250ktpa, where the facilities have been established in the past 5 years;
- examples of relevant infrastructure include but are not limited to: biomass energy systems; processing of solid recovered fuel; conventional energy-from-waste systems; advanced thermal technologies; by-products and outputs management; district energy networks;
Tenderers should also provide details of the delivery team for these projects, including team structure, qualifications, and depth of organisational resources which ensured continuity technical service provision throughout the service period for each of the projects listed.
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
Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
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:
Consultant Services Agreement/2013/UT
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
30.12.2013 - 12:00
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
Duration in months: 3 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: Conditions for the opening of tenders are set out in the Authority's Standard Orders Sepetember 2010 which is available at the address set out in section I.1.
Additional information about authorised persons and opening procedure: Conditions for the opening of tenders are set out in the Authority's Standard Orders Sepetember 2010 which is available at the address set out in section I.1.
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) The Authority reserves the right to restrict changes to a consortium's membership in accordance with
requirements provided in the tender documentation.
(2) In accordance with law and the terms set out in the tender documentation, the Authority reserves the right to: change without notice any part of the proposed contract(s) or conditions for each Lot; and the
procedure for awarding the proposed contract(s); to reject all or any tender(s) for the proposed contract(s); and to stop the process or cancel the procurement for the proposed contract(s) or any Lot at any time. The Authority reserves the right not to award a contract at any time without any liability on its part.
(3) The Authority reserves the right to terminate the procurement of the proposed contract(s) in respect
of a particular Lot for any reasons, including but not limited to, if there are: insufficient eligible bids; or an insufficient number of tenderers to ensure sufficient genuine competition.
(4) Nothing in this: contract notice; other tender documentation; contract documents; any other written
communication to the candidates / tenderers from the Authority or its representatives and any oral communication to the candidates / tenderers from the Authority or its representatives; or procurement competition generally shall generate any contractual obligations prior to any signature of any final written contracts (with the exception of the obligation imposed upon tenderers by the requirement set out below in relation to the minimum time frame during which the tenderers must maintain their tenders).
(5) The Authority is a public authority under the Freedom of Information Act 2000 ("Act”) and the Environmental Information Regulations 2004 ("EIR”). As part of its duties under the Act and EIR, the Authority may disclose information to a person making a request unless that information is covered by an exemption or exception under the Act or EIR. The Authority is required to determine whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Candidates / tenderers should state in their submissions whether or not they consider the information supplied should be exempted from disclosure to third parties under the Act or EIR and should provide reasons for such views. These views will be taken into consideration by the Authority when applying the public interest test and deciding whether to disclose information. (Please see the tender documentation for further information.)
(6) Please note that all money figures in this contract notice and other tender documentation and contract documents relate to Great British Pounds (GBP).
(7) To tender, tenderers should submit the required and completed tender documentation (including the Preliminary Questionnaire) by the date and time set out in the invitation to tender.
(8) All dates and time periods specified in this contract notice are the Authority's present best estimates and the Authority reserves the right to change these in accordance with the UK and EU rules governing public procurement.
(9) The Authority is concerned to avoid conflicts of interest. By tendering, tenderers promise that other than as disclosed to the Authority, no actual or potential conflict of interest exists, or will come into existence without prior disclosure to the Authority during the course of the procurement of this contract opportunity. (As such, the Authority reserves the right to disqualify a candidate or tenderer at any point during this procurement process should an actual or potential conflict of interest arise). The Authority will seek to manage conflicts but may need to disqualify a candidate or tenderer and / or supply chain members where there is a potential conflict of interest (subject always to the Authority applying the principles of transparency, equal treatment and non-discrimination). Candidates or tenderers are therefore advised to review carefully the prior or current involvement of the candidate or tenderer (including consortium members, as appropriate) and its supply chain members with:
- any of the candidates that participated in the Waste Services Procurement (OJEU Ref: 2010/S77-115252) (and those parties who have been involved in advising these Waste Services Procurement candidates in relation to the Waste Services Procurement);
- any of the candidates that participated in the Fuel Use Procurement (OJEU Ref: 2010/S77-115252) (and those parties who have been involved in advising these Fuel Use Procurement candidates in relation to the Fuel Use Procurement);
and to contact the Authority prior to submission of any expression of interest / request to participate and / or tender to discuss the potential / actual conflicts that they have identified. Please see the tender documentation for further information and for any relevant question to be answered by candidates / tenderers on conflicts of interest.
(10) All communication between candidates and tenderers, on the one hand, and the Authority, on the other, are confidential and must be via the contact point set out in section I.1. No approach of any kind by any candidate or tenderer in connection with this procurement process may be made in any other manner or to any person within, or associated with, the Authority (including its representatives).
(13) The Authority reserves the right to exclude economic operators in accordance with Regulation 15(11) of Public Contracts Regulations 2006 if the Authority considers the economic operator to: be ineligible to tender on a ground specified in Regulation 23; or have failed to satisfy the minimum standards required of economic operators by the contracting authority in relation to economic or financial standing or technical or professional ability as stated in the pre-qualification questionnaire, which is available at the address set out in section I.1. The tenders of those tenderers not excluded in accordance with the above will be evaluated in accordance with Regulation 30. The Authority envisages appointing one tenderer to each Lot. Please see the tender documentation for further information as to the selection and tender evaluation processes to be undertaken.
(14) In relation to II.2.1, the contract value range incorporates all lots and assumes that the contract will be extended. The value range for each Lot at Annex B also assumes that the contract for each Lot will be extended. The value of each Lot is unlikely to exceed GBP 500,000 if the contract is not extended beyond the intial term of three years (36 months).
requirements provided in the tender documentation.
(2) In accordance with law and the terms set out in the tender documentation, the Authority reserves the right to: change without notice any part of the proposed contract(s) or conditions for each Lot; and the
procedure for awarding the proposed contract(s); to reject all or any tender(s) for the proposed contract(s); and to stop the process or cancel the procurement for the proposed contract(s) or any Lot at any time. The Authority reserves the right not to award a contract at any time without any liability on its part.
(3) The Authority reserves the right to terminate the procurement of the proposed contract(s) in respect
of a particular Lot for any reasons, including but not limited to, if there are: insufficient eligible bids; or an insufficient number of tenderers to ensure sufficient genuine competition.
(4) Nothing in this: contract notice; other tender documentation; contract documents; any other written
communication to the candidates / tenderers from the Authority or its representatives and any oral communication to the candidates / tenderers from the Authority or its representatives; or procurement competition generally shall generate any contractual obligations prior to any signature of any final written contracts (with the exception of the obligation imposed upon tenderers by the requirement set out below in relation to the minimum time frame during which the tenderers must maintain their tenders).
(5) The Authority is a public authority under the Freedom of Information Act 2000 ("Act”) and the Environmental Information Regulations 2004 ("EIR”). As part of its duties under the Act and EIR, the Authority may disclose information to a person making a request unless that information is covered by an exemption or exception under the Act or EIR. The Authority is required to determine whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Candidates / tenderers should state in their submissions whether or not they consider the information supplied should be exempted from disclosure to third parties under the Act or EIR and should provide reasons for such views. These views will be taken into consideration by the Authority when applying the public interest test and deciding whether to disclose information. (Please see the tender documentation for further information.)
(6) Please note that all money figures in this contract notice and other tender documentation and contract documents relate to Great British Pounds (GBP).
(7) To tender, tenderers should submit the required and completed tender documentation (including the Preliminary Questionnaire) by the date and time set out in the invitation to tender.
(8) All dates and time periods specified in this contract notice are the Authority's present best estimates and the Authority reserves the right to change these in accordance with the UK and EU rules governing public procurement.
(9) The Authority is concerned to avoid conflicts of interest. By tendering, tenderers promise that other than as disclosed to the Authority, no actual or potential conflict of interest exists, or will come into existence without prior disclosure to the Authority during the course of the procurement of this contract opportunity. (As such, the Authority reserves the right to disqualify a candidate or tenderer at any point during this procurement process should an actual or potential conflict of interest arise). The Authority will seek to manage conflicts but may need to disqualify a candidate or tenderer and / or supply chain members where there is a potential conflict of interest (subject always to the Authority applying the principles of transparency, equal treatment and non-discrimination). Candidates or tenderers are therefore advised to review carefully the prior or current involvement of the candidate or tenderer (including consortium members, as appropriate) and its supply chain members with:
- any of the candidates that participated in the Waste Services Procurement (OJEU Ref: 2010/S77-115252) (and those parties who have been involved in advising these Waste Services Procurement candidates in relation to the Waste Services Procurement);
- any of the candidates that participated in the Fuel Use Procurement (OJEU Ref: 2010/S77-115252) (and those parties who have been involved in advising these Fuel Use Procurement candidates in relation to the Fuel Use Procurement);
and to contact the Authority prior to submission of any expression of interest / request to participate and / or tender to discuss the potential / actual conflicts that they have identified. Please see the tender documentation for further information and for any relevant question to be answered by candidates / tenderers on conflicts of interest.
(10) All communication between candidates and tenderers, on the one hand, and the Authority, on the other, are confidential and must be via the contact point set out in section I.1. No approach of any kind by any candidate or tenderer in connection with this procurement process may be made in any other manner or to any person within, or associated with, the Authority (including its representatives).
(11) Section IV.3.8 (Conditions for opening tenders) - It is anticipated that tenders will be opened on 30 December 2013 at 1pm at the Authority's address (as stated in section I.1 of this contract notice). Please note that no persons, except the Authority's representatives, are authorised to be present at the opening of the tenders, and tenders will be opened in accordance with the Authority's Standing Orders available on its website at www.nlwa.gov.uk. (Please note that this date and time for the opening of tenders is the Authority's best estimate at the date of publication of this contract notice, and tenderers will be advised via the contact point set out in section I.1 of any change to this date).
(12) All candidates and tenderers are solely responsible for their costs and expenses incurred in connection with the preparation and submission of responses to: the tender documentation (which includes this contract notice, the pre-qualification questionnaire and the invitation to tender) and all future stages of the selection and evaluation process in relation to the procurement. Under no circumstances will the Authority or any of the Constituent Boroughs and any subsidiary company of these entities or any of their advisers, be liable for any costs or expenses borne by candidates and tenderers or any of their supply chain members or advisers in this / these process / processes.(13) The Authority reserves the right to exclude economic operators in accordance with Regulation 15(11) of Public Contracts Regulations 2006 if the Authority considers the economic operator to: be ineligible to tender on a ground specified in Regulation 23; or have failed to satisfy the minimum standards required of economic operators by the contracting authority in relation to economic or financial standing or technical or professional ability as stated in the pre-qualification questionnaire, which is available at the address set out in section I.1. The tenders of those tenderers not excluded in accordance with the above will be evaluated in accordance with Regulation 30. The Authority envisages appointing one tenderer to each Lot. Please see the tender documentation for further information as to the selection and tender evaluation processes to be undertaken.
(14) In relation to II.2.1, the contract value range incorporates all lots and assumes that the contract will be extended. The value range for each Lot at Annex B also assumes that the contract for each Lot will be extended. The value of each Lot is unlikely to exceed GBP 500,000 if the contract is not extended beyond the intial term of three years (36 months).
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Authority will act in accordance with Regulations 32 and 32A, and Part 9 of the Public Contracts Regulations 2006 (as amended). Part 9 of these Regulations provides for appeals to be made to the High Court subject to the tight time limitations and other required procedural steps. The appeal rules are complex and a dissatisifed candidate / tenderer is advised to take very prompt legal advice.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
18.11.2013
Note! Supplement