CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S):
Plymouth City Council and Torbay Council and Devon County Council, c/o SWDWP Office, Floor 8, Civic Centre, Armada Way, Contact: Rachel Dale, Attn: Rachel Dale, UK-Plymouth PL1 2AA. Tel. 017 52 30 49 93. E-mail: Rachel.Dale@plymouth.gov.uk.
Internet address(es):
General address of the contracting authority: www.plymouth.gov.uk and www.torbay.gov.uk and www.devon.gov.uk.
Further information can be obtained at: As in above-mentioned contact point(s).
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s).
Tenders or requests to participate must be sent to: As in above-mentioned contact point(s).
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Regional or local authority.
General public services.
Environment.
Housing and community amenities.
Social protection.
Education.
Recreation, culture and religion.
Other: usual local government services.
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:
South West Devon Residual Waste Treatment and Disposal Contract.
II.1.2) Type of contract and location of works, place of delivery or of performance:
Services.
Service category: No 16.
Main place of performance: UKK41-Plymouth UK.
II.1.3) The notice involves:
A public contract.
II.1.5) Short description of the contract or purchase(s):
The Contracting Authority is seeking to enter into a long term Private Finance Initiative (PFI) contract with one contractor (or consortium) for the design, build, financing and operation of a residual waste treatment facility (or facilities) containing a thermal element for the processing and disposal of its residual municipal waste. The capability to supply heat and/or steam and/or electricity to neighbouring users and/or the Contracting Authority and/or the National Grid and/or others will be explored during the procurement process. The potential for the facility to cater for commercial and industrial waste as well as waste from other public sector organisations will be explored during the dialogue.
II.1.6) Common procurement vocabulary (CPV):
90500000, 90533000, 45222110, 90000000, 90512000, 90512000, 90513200, 90513100, 90513400, 90513300, 42320000, 45222100, 51135110, 09310000, 09320000, 09322000, 09323000, 09324000, 45200000, 45222000, 45252000, 71322000, 45232140, 45232142, 45251140, 45232470.
II.1.7) Contract covered by the Government Procurement Agreement (GPA):
No.
II.1.8) Division into lots:
No.
II.1.9) Variants will be accepted:
Yes.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope:
The Contracting Authority intends to procure the service in accordance with the UK Government’s Private Finance Initiative (PFI) and envisages a contract period of approximately twenty-eight (28) years although the contract period will be determined by best value considerations during the Competitive Dialogue process. The procurement is for the Design, Build, Finance and Operation of a main treatment facility (or facilities) containing a thermal element and associated services and facilities such as transfer stations and the provision of landfill for residues to the extent necessary, haulage of residues from the facility (or facilities) to a final disposal site, the securing of off take for residues, recyclates and energy (as relevant) and the provision of information and visitor facilities. Whilst the expectation is that financing for the Project will predominantly if not wholly be from private finance the Contracting Authority reserves the right to provide or procure capital contributions and/or finance to the project. The amount of any such capital contribution and/or funding will be determined by the Contracting Authority during the procurement. The key driver for the Contracting Authority is to secure the diversion of municipal waste from landfill and the diversion of Bio-degradable Municipal Waste to comply with European Union requirements. Total municipal waste arisings in Plymouth, Torbay and the parts of Devon to be included in this procurement in 2006/7 was 393,000 tonnes of which 171,000 tonnes was recycled or composted and 222,000 tonnes consigned to landfill. By way of guidance but without warranty, current projections (allowing for growth, waste minimisation and improved recycling) are that approximately 225,000 tonnes per annum of residual municipal waste will need to be treated in 2038. The capability to supply heat and/or steam and/or electricity to neighbouring users and/or the Contracting Authority and/or the National Grid and/or others will be explored during the procurement process. The potential for the facility to cater for commercial and industrial waste and waste from other public sector organisations will be explored during the dialogue.
Estimated value excluding VAT: 796 000 000 GBP.
II.2.2) Options:
Yes.
Description of these options: The Contracting Authority will discuss with Bidders during the Competitive Dialogue process the possibility of being granted option(s) to extend the contract for a period of upto five (5) years.
II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Duration in months: 396 (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 right to require deposits, guarantees, parent company guarantees, bonds or other forms of security which it considers appropriate at the relevant time.
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
Payment and the payment terms and conditions will be set out in the Project Agreement and also a Payment Mechanism. The Payment Mechanism will be based on the WIDP/Defra model form. Payment will be via a tonnage based gate fee which will vary depending on tonnage and from which deductions may be made by the contracting authority in relation to performance and other mechanisms associated with diversion targets set out in accordance with the Payment Mechanism. There will also be provisions relating to other elements of cashflow and third party income.
III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The Contracting Authority will consider bids from companies or from consortia/joint ventures. However, legal entities must be formed prior to award and full details of the proposed contracting structures must be provided at the PQQ stage.
III.1.4) Other particular conditions to which the performance of the contract is subject:
Yes.
The Contract (Project Agreement and its Schedules) will be based on SOPC 4, The Waste Pack Materials and DEFRA derogations. These elements will be subsumed into and modified (if such is the case) by the new Waste standard form of contract which will be the form of contract used if sanctioned in time for this Project.
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 requirements are met: Will be detailed in a pre-qualification questionnaire and are as set out in Regulations 23-26 of the UK Public Contracts Regulations 2006 (as amended).
III.2.2) Economic and financial capacity:
Information and formalities necessary for evaluating if requirements are met: As detailed in the pre-qualification questionnaire.
III.2.3) Technical capacity:
Information and formalities necessary for evaluating if requirements are met: As detailed in the pre-qualification questionnaire.
III.2.4) Reserved contracts:
No.
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1) Execution of the service is reserved to a particular profession:
No.
III.3.2) Legal entities 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:
Competitive dialogue.
IV.1.2) Limitations on the number of operators who will be invited to tender or to participate:
Envisaged minimum number: 3. Maximum number: 4
Objective criteria for choosing the limited number of candidates: As detailed in the contract documents and/or the Pre-Qualification Questionnaire.
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) An electronic auction will be used:
No.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1) File reference number attributed by the contracting authority:
08534.
IV.3.2) Previous publication(s) concerning the same contract:
Prior information notice
Notice number in OJ: 2008/S 140-017624 of 22.1.2008.
Other previous publications
Notice number in OJ: 2008/S 001-105508 of 8.10.2008.
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: 24.11.2008 - 13:00.
Payable documents: no.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
1.12.2008 - 13:00.
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up:
English.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1) THIS IS A RECURRENT PROCUREMENT:
No.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
No.
VI.3) ADDITIONAL INFORMATION:
A Bidders' Briefing Day will be held on 4th November 2008 in Plymouth, Devon, England. Details of this event are available from the contact point given in I.1 above. Whilst the Contracting Authority's Outline Business Case demonstrates a single Energy from Waste facility is affordable and deliverable, it may consider other waste treatment technologies containing a thermal element. The Contracting Authority intends to make at least one site available to Bidders which is within the Waste Development Plan Document for Plymouth. Obtaining planning permission and relevant permits is to be the Bidders' responsibility. Bidders may, if they prefer, put forward their own sites. The Contracting Authority intends to use procurement documentation which aligns to the Waste Procurement Pack issued from time to time by the U.K.'s Department of the Environment Food and Rural Affairs (www.defra.gov.uk) through the offices of the 4ps (www.4ps.gov.uk) and the Waste Infrastructure Delivery Program and to follow prescribed drafting and suggested risk allocations set out in Standardisation Of Private Finance Initiative Contracts Version 4. The numbers referred to in section IV.1.2 relating to the number of operators who will be invited to participate relate to the Invitation to Submit Detailed Solutions stage. The number of operators invited to submit outline solutions will be determined by the number who pass the Pre-Qualification Questionnaire stage and will not be limited by the Contracting Authority. The final value of the contract and its duration will be determined by best value considerations during the dialogue and may change from the figures given in this notice. The membership of the South West Devon Waste Partnership is presently three authorities, Plymouth City Council, Devon County Council and Torbay Council. Whereas there is no intention to alter that position it is possible that the number of authorities within the partnership could increase or, indeed, decrease.
VI.4) PROCEDURES FOR APPEAL
VI.4.2) Lodging of appeals:
Precise information on deadline(s) for lodging appeals: The Council incorporates a minimum 10 calendar day standstill period at the point information on the contract award is communicated to Bidders. This period allows unsuccessful bidders to seek further de-briefing from the Contracting Authority before the contract is entered into. Bidders have 2 working days from the notification of the award decision to request additional de-briefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such additional information should be requested from the contact point in section 1 of this Notice. Bidders should refer to the UK Public Contracts Regulations 2006 regarding remedies and seek independent legal advice.
VI.5) DATE OF DISPATCH OF THIS NOTICE:
27.10.2008.