Stadium and South Park Operator (Services Concession Agreement).
Contract notice
Services
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
London Legacy Development Corporation
Level 10, 1 Stratford Place
Contact point(s): Legal and Procurement Department
For the attention of: Margaret Christensen
E20 1EJ London
UNITED KINGDOM
Telephone: +44 2032881800
E-mail:
Internet address(es):
General address of the contracting authority: www.queenelizabetholympicpark.co.uk
Electronic access to information: www.supply4london.co.uk
Electronic submission of tenders and requests to participate: www.supply4london.co.uk
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
Body governed by public law
I.3)Main activity
Other: Regeneration and Development
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: yes
E20 LLP
Level 10, 1 Stratford Place
E20 1EJ London
UNITED KINGDOM
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Stadium and South Park Operator (Services Concession Agreement).
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 27: Other services
Service category No 27: Other services
NUTS code UKI12
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)
Sports facilities operation services. Recreational, cultural and sporting services. Management-related services. Sporting services. Entertainment services. Cultural event organisation services. Building and facilities management services. Facilities management services. Event services. Sports-event promotion services. Sports fields maintenance services. Sports-event organisation services. Project-management services other than for construction work. Miscellaneous business and business-related services. Miscellaneous business-related services. Business organisation services. Arts-facility operation services. Games and toys; fairground amusements. Roundabouts, swings, shooting galleries and other fairground amusements. Amusement park construction work. Fair and amusement park services. Amusement park services. Sports facilities operation services. Sports-event organisation services. Sports fields maintenance services. Entertainment services. Recreational, cultural and sporting services. Sporting services. Cultural event organisation services. Management-related services. Project-management services other than for construction work. Building and facilities management services. Facilities management services. Miscellaneous business and business-related services. Miscellaneous business-related services. Business organisation services. Event services. Sports-event promotion services. Arts-facility operation services. Games and toys; fairground amusements. Roundabouts, swings, shooting galleries and other fairground amusements. Amusement park construction work. Fair and amusement park services. Amusement park services.
II.1.6)Common procurement vocabulary (CPV)
92610000, 92000000, 79420000, 92600000, 92300000, 79952100, 79993000, 79993100, 79952000, 92621000, 77320000, 92622000, 79421000, 79900000, 79990000, 79996000, 92320000, 37500000, 37535000, 45212130, 92331000, 92331200
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: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
The operation, management and maintenance of one of the most high-profile stadia and urban park locations in the World and the delivery of a range of World-class sporting and cultural events in the Stadium and the South Park areas. The successful operator will be expected to be actively involved in advertising and marketing the areas under management, and generating interest in the Stadium, the surrounding areas and the South Park, finding users (long, medium, or short-term) and keeping the entire area under management fully utilised and booked with events and cultural and corporate activities and also maximise revenue arising from the internal facilities of the Stadium for conferences, banqueting and other activities.
A high-level description of the LLDC and E20 requirements for the Stadium Operator Plus opportunity includes the following:
- to provide a fully comprehensive, year-round, operation, maintenance and event management services for the Stadium and South Park area;
- to lead on the operational planning phases from award of the Contract through to the:
1) first opening of the Stadium (which will be during the Stadium construction/ transformation works period and in the lead up to hand-over for the 2015 events and second opening of the Stadium in 2016), and
2) handover of the South Park areas for subsequent operation by the Operator;
- to work in Partnership with West Ham United Football Club (WHUFC) and UK Athletics (UKA) in delivering the Contract, including the ability to coordinate and implement the Contracting Authority's contractual obligations contained within the current and future Concession and Access Agreements, and any other contractual agreement and / or other stakeholder requirements (where applicable and obliged within the Contract);
- to support access for the operation of other venues on the Park (including, but not limited to, the Aquatics Centre, the ArcellorMittal Orbit, the South Park Hub Building, and the Copper Box Arena);
- to provide a fully functioning, year-round facility, operations and event management service for the Stadium, for and on behalf of E20;
- to provide a fully functioning, year-round facility, operations and event management service for the South Park areas, including also smaller events to ensure a vibrant and active Park (subject to relevant planning permissions) for and on behalf of the LLDC;
- to promote and exploit the opportunities for the hosting of events and attractions in the relevant Contract areas, so as to ensure the profitable and sustained enjoyment of the Stadium and South Park by their users;
- to work with E20 (and appointed specialist advisors) to ensure that the obligations contained within the Naming Rights Agreement (for the Stadium sites and / or the South Park areas) are adhered to and respected at all times;
- to work with E20 (and appointed specialist advisors) and assist in identifying, promoting and exploiting those opportunities that may arise for 2nd tier sponsorship rights on the Stadium (and to service such sponsorship agreements as required);
- to provide catering services for events and on major event day public catering and corporate hospitality and food services.
In delivering the LLDC and E20 requirements for the successful operator is anticipated that it will need to be actively involved in three distinct ‘modes' of service-level, briefly described as follows (and shown on the timeline sketch contained on page 11).
Further details over the Operational modes can be found in the PQQ documentation.
A high-level description of the LLDC and E20 requirements for the Stadium Operator Plus opportunity includes the following:
- to provide a fully comprehensive, year-round, operation, maintenance and event management services for the Stadium and South Park area;
- to lead on the operational planning phases from award of the Contract through to the:
1) first opening of the Stadium (which will be during the Stadium construction/ transformation works period and in the lead up to hand-over for the 2015 events and second opening of the Stadium in 2016), and
2) handover of the South Park areas for subsequent operation by the Operator;
- to work in Partnership with West Ham United Football Club (WHUFC) and UK Athletics (UKA) in delivering the Contract, including the ability to coordinate and implement the Contracting Authority's contractual obligations contained within the current and future Concession and Access Agreements, and any other contractual agreement and / or other stakeholder requirements (where applicable and obliged within the Contract);
- to support access for the operation of other venues on the Park (including, but not limited to, the Aquatics Centre, the ArcellorMittal Orbit, the South Park Hub Building, and the Copper Box Arena);
- to provide a fully functioning, year-round facility, operations and event management service for the Stadium, for and on behalf of E20;
- to provide a fully functioning, year-round facility, operations and event management service for the South Park areas, including also smaller events to ensure a vibrant and active Park (subject to relevant planning permissions) for and on behalf of the LLDC;
- to promote and exploit the opportunities for the hosting of events and attractions in the relevant Contract areas, so as to ensure the profitable and sustained enjoyment of the Stadium and South Park by their users;
- to work with E20 (and appointed specialist advisors) to ensure that the obligations contained within the Naming Rights Agreement (for the Stadium sites and / or the South Park areas) are adhered to and respected at all times;
- to work with E20 (and appointed specialist advisors) and assist in identifying, promoting and exploiting those opportunities that may arise for 2nd tier sponsorship rights on the Stadium (and to service such sponsorship agreements as required);
- to provide catering services for events and on major event day public catering and corporate hospitality and food services.
In delivering the LLDC and E20 requirements for the successful operator is anticipated that it will need to be actively involved in three distinct ‘modes' of service-level, briefly described as follows (and shown on the timeline sketch contained on page 11).
Further details over the Operational modes can be found in the PQQ documentation.
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 180 (from the award of the contract)
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 180 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Duration in months: 120 (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:
The Contracting Authority reserves the rights to require to request deposits, guarantees, bonds, and / or other forms of appropriate security.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Details will be provided within the PQQ and the ITPD/ISOS documents, copies of which are/will be available from the Supply4London eTendering service (details of which can be found at Section VI.3 of this Notice).
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 reserves the right to require groupings of service providers to take a particular legal form or to require a single provider to take primary liability or to require that each party undertakes joint and severable liability irrespective of the legal form of the contracting entity. Details will be provided in the PQQ and the ITPD/ISOS documents, copies of which are/will be available from the Supply4London eTendering service (details of which can be found in Section VI.3 of this Notice).
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: The Contracting Authority will apply all the offences listed in Article 45(1) of Directive 2004/18/EC (implemented in England under Regulation 23(1) of the Public Contract Regulations 2006 (as amended, ‘the Regulations') in the UK) and all of the professional misconducts listed at Article 45(2) of Directive 2004/18/EC (see implemented in England under Regulation 23(2) of the Regulations) to the decision of whether an organisation can progress in this procurement process.
Interested organisations will be required to answer these questions as part of the selection/short-listing process. Interested organisations registered overseas, will need to declare if they have any offences/misconduct under your own countries laws, where these laws are equivalent to Article 45 of the Directive/ Regulation 23 lists.
Interested organisations who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Interested organisations who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Contracting Authority.
Interested organisations (Applicants) responding to the PQQ (Application), will be assessed in accordance with Part V of the Regulations, on the basis of information provided therein. .
Applications must be returned via the Supply4London eTendering service (further details of which are available at Section VI.3 of this Notice) before the deadline for receipt of responses as notified in the pre-qualification questionnaire.
Interested Organisations ' instructions on how to respond to this Notice with the submission of a PQQ response, together with assistance on registering on the eTendering service, and downloading / viewing procurement documentation can be found:
Interested organisations will be required to answer these questions as part of the selection/short-listing process. Interested organisations registered overseas, will need to declare if they have any offences/misconduct under your own countries laws, where these laws are equivalent to Article 45 of the Directive/ Regulation 23 lists.
Interested organisations who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Interested organisations who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Contracting Authority.
Interested organisations (Applicants) responding to the PQQ (Application), will be assessed in accordance with Part V of the Regulations, on the basis of information provided therein. .
Applications must be returned via the Supply4London eTendering service (further details of which are available at Section VI.3 of this Notice) before the deadline for receipt of responses as notified in the pre-qualification questionnaire.
Interested Organisations ' instructions on how to respond to this Notice with the submission of a PQQ response, together with assistance on registering on the eTendering service, and downloading / viewing procurement documentation can be found:
1. on the eTendering website, www.supply4london.gov.uk ;or
2. through the use of the www.supply4london.gov.uk Helpdesk facility on +44 8452707098; or
3. through the use of the Supplier Guides and FAQ's available from the eTendering service at http://www.supply4london.gov.uk /getting-started/supplier-guidances.
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 of the last three 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 on these turnovers is available.
Interested organisations are referred to the relevant sections of the Annex B supplements to this OJEU Contract Notice, where full descriptions of the means of establishing the economic and financial capacity are described in full.
The Contracting Authority reserves the right to adjust these evaluation standards in accordance with the Regulations and to reject responses from Applicants who are unable to meet (or are unable to commit to meet) the above criteria.
Minimum level(s) of standards possibly required: Interested organisations are referred to the relevant sections of the Annex B supplements to this Contract Notice, where full descriptions of the means of establishing the economic and financial capacity are described in full.
The Contracting Authority reserves the right to adjust these evaluation standards in accordance with the Regulations and to reject responses from Applicants who are unable to meet (or are unable to commit to meet) the above criteria.
(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 of the last three 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 on these turnovers is available.
Interested organisations are referred to the relevant sections of the Annex B supplements to this OJEU Contract Notice, where full descriptions of the means of establishing the economic and financial capacity are described in full.
The Contracting Authority reserves the right to adjust these evaluation standards in accordance with the Regulations and to reject responses from Applicants who are unable to meet (or are unable to commit to meet) the above criteria.
Minimum level(s) of standards possibly required: Interested organisations are referred to the relevant sections of the Annex B supplements to this Contract Notice, where full descriptions of the means of establishing the economic and financial capacity are described in full.
The Contracting Authority reserves the right to adjust these evaluation standards in accordance with the Regulations and to reject responses from Applicants who are unable to meet (or are unable to commit to meet) the above criteria.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
(b) a list of the principal deliveries effected or the main services provided in the past three 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 issued 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
Applicants will be assessed in accordance with Part V of the Regulations, on the basis of information provided in their Applications. Complete Applications must be returned via the Supply4London eTendering service (further details of which are available at Section VI.3 of this Notice) before the deadline for receipt of Applications as notified in the PQQ.
Minimum level(s) of standards possibly required:
Interested organisations will be required to demonstrate that they will be able to comply with the minimum requirements set out in the policies and strategies of the Contracting Authorityas well as in respect of their technical ability to deliver the Contracting Authority's requirements, as set out in the PQQ.
(b) a list of the principal deliveries effected or the main services provided in the past three 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 issued 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
Applicants will be assessed in accordance with Part V of the Regulations, on the basis of information provided in their Applications. Complete Applications must be returned via the Supply4London eTendering service (further details of which are available at Section VI.3 of this Notice) before the deadline for receipt of Applications as notified in the PQQ.
Minimum level(s) of standards possibly required:
Interested organisations will be required to demonstrate that they will be able to comply with the minimum requirements set out in the policies and strategies of the Contracting Authorityas well as in respect of their technical ability to deliver the Contracting Authority's requirements, as set out in the PQQ.
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
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: 3
Objective criteria for choosing the limited number of candidates: The Contracting Authority intends to select/short-list on the basis of the selection criteria in the PQQ a minimum of three (3) Applicants to receive the ITPD/ISO.
The objective selection criteria that will be used to short-list Applicants are detailed in the PQQ and are summarised as follows:
1) Financial due diligence - pass / fail;
2) Insurance requirements - pass / fail;
3) Governance and compliance - 30 %;
4) Capacity, capability and relevant experience - 70 %.
Objective criteria for choosing the limited number of candidates: The Contracting Authority intends to select/short-list on the basis of the selection criteria in the PQQ a minimum of three (3) Applicants to receive the ITPD/ISO.
The objective selection criteria that will be used to short-list Applicants are detailed in the PQQ and are summarised as follows:
1) Financial due diligence - pass / fail;
2) Insurance requirements - pass / fail;
3) Governance and compliance - 30 %;
4) Capacity, capability and relevant experience - 70 %.
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:
IV.3.2)Previous publication(s) concerning the same contract
Prior information notice
Notice number in the OJEU: 2013/S 216-375982 of 7.11.2013
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: 14.2.2014 - 12:00
Payable documents: no
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
14.2.2014 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
10.3.2014
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: 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
Interested organisations must read through this set of instructions and follow the process to respond to this opportunity.
The information and/or documents for this opportunity are available on supply4london.gov.uk.
You must register on this site to respond, if you are already registered you will not need to register again, simply use your existing username and password. Please note there is a password reminder link on the homepage.
Suppliers must log in, go to your Response Manager and add the following Access Code: 489S7D883H.
Please ensure you follow any instruction provided to you here.
The deadline for submitting your response(s) is 12:00 pm GMT on Friday 14.2.2014. Please ensure that you allow yourself plenty of time when responding to this opportunity prior to the closing date and time, especially if you have been asked to upload documents.
- waive any requirements of this procurement process (to the extent permitted by law),
- request additional information or clarificatory information from Applicants in relation to any aspect of their response,
- disqualify any Applicant that does not submit a compliant PQQ response/Application in accordance with the Contracting Authority's instructions (see also below),
- withdraw any part of or the whole of this procurement process at any time or to re-invite responses on the same or any alternative basis,
- not award the whole of or a part of contract as a result of this procurement process; or,
- make whatever changes it sees fit to the timetable, structure or content of the procurement process for any reason.
Furthermore, the Contracting Authority reserves the right (acting in accordance with the Regulations) to reject or disqualify an Applicant where:
- a response is submitted late, is completed incorrectly, is incomplete or fails to meet the Contracting Authority's requirements which have been notified to Applicants,
- the Applicant is unable to satisfy the terms of Part IV of the Regulations at any stage during the procurement process,
- the Applicant is guilty of serious misrepresentation or fraud in relation to its Application and/or any aspect of this procurement process,
- there is a change in identity, control, financial standing or other factor impacting on the ability and capacity of the Applicant to meet the Contracting Authority's requirements for any of the Works, supplies, or services advertised; and/or,
- there is an actual or potential commercial, professional, financial or other conflict of interest arising between the interests of the Contracting Authority and the Applicant.
The Applicant is solely responsible for all their costs and expenses incurred in connection with the preparation and submission of their responses at all stages of the procurement process. Under no circumstances will the Contracting Authority be liable for any costs or expenses borne by or on behalf of any Applicant.
Variant tenders may be permissible as part of this procurement process provided that they comply with the Contracting Authority's requirements for variant bids as may be set out in the ITPD/ISOS. The ability to submit variant bids will be confirmed in the ITPD/ISOS documents.
Clarifications and queries in respect of the PQQ must be submitted in writing and via the Supply4London eTendering Service only. Direct emails, telephone calls or correspondence with the Contracting Authority will not be permitted during the procurement of this opportunity GO Reference: GO-201417-PRO-5372465
The information and/or documents for this opportunity are available on supply4london.gov.uk.
You must register on this site to respond, if you are already registered you will not need to register again, simply use your existing username and password. Please note there is a password reminder link on the homepage.
Suppliers must log in, go to your Response Manager and add the following Access Code: 489S7D883H.
Please ensure you follow any instruction provided to you here.
The deadline for submitting your response(s) is 12:00 pm GMT on Friday 14.2.2014. Please ensure that you allow yourself plenty of time when responding to this opportunity prior to the closing date and time, especially if you have been asked to upload documents.
If you experience any technical difficulties please contact the Supply4london Helpdesk on call +44 8452707050 or email .
The Contracting Authority reserves the right (acting in accordance with the Regulations) to:- waive any requirements of this procurement process (to the extent permitted by law),
- request additional information or clarificatory information from Applicants in relation to any aspect of their response,
- disqualify any Applicant that does not submit a compliant PQQ response/Application in accordance with the Contracting Authority's instructions (see also below),
- withdraw any part of or the whole of this procurement process at any time or to re-invite responses on the same or any alternative basis,
- not award the whole of or a part of contract as a result of this procurement process; or,
- make whatever changes it sees fit to the timetable, structure or content of the procurement process for any reason.
Furthermore, the Contracting Authority reserves the right (acting in accordance with the Regulations) to reject or disqualify an Applicant where:
- a response is submitted late, is completed incorrectly, is incomplete or fails to meet the Contracting Authority's requirements which have been notified to Applicants,
- the Applicant is unable to satisfy the terms of Part IV of the Regulations at any stage during the procurement process,
- the Applicant is guilty of serious misrepresentation or fraud in relation to its Application and/or any aspect of this procurement process,
- there is a change in identity, control, financial standing or other factor impacting on the ability and capacity of the Applicant to meet the Contracting Authority's requirements for any of the Works, supplies, or services advertised; and/or,
- there is an actual or potential commercial, professional, financial or other conflict of interest arising between the interests of the Contracting Authority and the Applicant.
The Applicant is solely responsible for all their costs and expenses incurred in connection with the preparation and submission of their responses at all stages of the procurement process. Under no circumstances will the Contracting Authority be liable for any costs or expenses borne by or on behalf of any Applicant.
Variant tenders may be permissible as part of this procurement process provided that they comply with the Contracting Authority's requirements for variant bids as may be set out in the ITPD/ISOS. The ability to submit variant bids will be confirmed in the ITPD/ISOS documents.
Clarifications and queries in respect of the PQQ must be submitted in writing and via the Supply4London eTendering Service only. Direct emails, telephone calls or correspondence with the Contracting Authority will not be permitted during the procurement of this opportunity GO Reference: GO-201417-PRO-5372465
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
London Legacy Development Corporation
Level 10, 1 Stratford Place
E20 1EJ London
UNITED KINGDOM
E-mail:
Telephone: +44 2032881800
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Contracting Authority will notify all candidate operators of the pre-selection results (where available i.e. not if the Open procedure is used) prior to issuing the Invitation to Tender (ITT).
The Contracting Authority has incorporated in the Procurement timetable a mandatory 10-calendar day standstill period at the point where notification and information on the award of the contract is (electronically) provided to all Tenderers.
The Public Contracts Regulations of 2006 and the Amendment Regulations of 2009 (SI 2009 No. 2992 - the ‘2009 Regulations') provide for aggrieved operator who have been harmed or are at risk of harm by a breach of the relevant procurement rules to take action in the High Court (England, Wales and Northern Ireland).
An aggrieved operator may apply to the Court at any time during the procurement process to order the Contracting Authority to amend any procurement related document, or set a decision aside of the the award decision or order the and may award damages.
If the Contracting Authority is formally notified of such court action during the standstill period, it shall suspend the process leading to the award of the contract.
After the contract has been entered into, the Court may, upon the application of an aggrieved operator declare the contract ineffective or shorten its term and/or award damages (and impose penalties on the Contracting Authority to be collected by the HM Treasury), if the relevant grounds and conditions under the 2009 Regulations are met.
The Contracting Authority would however urge any aggrieved operator (candidate or Tenderer) to communicate any issues with the contact of this procurement (see Section I above) by raising a Clarification Question through the Supply4London Portal in the first instance in case a solution can be found to avert time consuming court actions.
The Contracting Authority has incorporated in the Procurement timetable a mandatory 10-calendar day standstill period at the point where notification and information on the award of the contract is (electronically) provided to all Tenderers.
The Public Contracts Regulations of 2006 and the Amendment Regulations of 2009 (SI 2009 No. 2992 - the ‘2009 Regulations') provide for aggrieved operator who have been harmed or are at risk of harm by a breach of the relevant procurement rules to take action in the High Court (England, Wales and Northern Ireland).
An aggrieved operator may apply to the Court at any time during the procurement process to order the Contracting Authority to amend any procurement related document, or set a decision aside of the the award decision or order the and may award damages.
If the Contracting Authority is formally notified of such court action during the standstill period, it shall suspend the process leading to the award of the contract.
After the contract has been entered into, the Court may, upon the application of an aggrieved operator declare the contract ineffective or shorten its term and/or award damages (and impose penalties on the Contracting Authority to be collected by the HM Treasury), if the relevant grounds and conditions under the 2009 Regulations are met.
The Contracting Authority would however urge any aggrieved operator (candidate or Tenderer) to communicate any issues with the contact of this procurement (see Section I above) by raising a Clarification Question through the Supply4London Portal in the first instance in case a solution can be found to avert time consuming court actions.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
7.1.2014