Qualification system, utilities: UK-Reading: consulting services for water-supply and waste consultancy

UK-Reading: consulting services for water-supply and waste consultancy

2010/S 168-257916

QUALIFICATION SYSTEM -UTILITIES

This notice is a call for competition Yes

SECTION I: CONTRACTING ENTITY

• I.1)
  NAME, ADDRESSES AND CONTACT POINT(S)

  E-mail: Thames Water Utilities Limited
  Procurement Support Centre 3rd Floor Clearwater Court C/O Mail Room Rose Kiln Court
  RG2 0BYReading
  UNITED KINGDOM
  procurement.support.centre@thameswater.co.uk

  Further information concerning the qualification system can be obtained at: As in above-mentioned contact point(s)

  Further documentation can be obtained at: As in above-mentioned contact point(s)

  Requests to participate or candidatures must be sent to: As in above-mentioned contact point(s)

• I.2)
  MAIN ACTIVITY OR ACTIVITIES OF THE CONTRACTING ENTITY

  Water

SECTION II: OBJECT OF THE QUALIFICATION SYSTEM

• II.1)
  TITLE ATTRIBUTED TO THE QUALIFICATION SYSTEM BY THE CONTRACTING ENTITY

  988 Thames Tunnel ISP Delivery, advisory services

• II.2)
  TYPE OF CONTRACT

  Services

  Service category: No 11

• II.3)
  DESCRIPTION OF THE WORKS, SERVICES OR GOODS TO BE PROCURED THROUGH THE QUALIFICATION SYSTEM

  Thames Water Utilities Limited (TWUL) plans to implement a major sewer interception scheme in London, the Thames Tunnel. This may comprise a large diameter interceptor sewer approximately 7 m diameter over 30 km long together with circa 35 combined sewer outfall (CSO) shafts. TWUL is currently planning the implementation of the scheme and design work has commenced. Construction is expected to be complete by 2020.

  TWUL requires the services of one or more specialist organisations to provide legal, financial, and commercial advice and to assist in developing a new delivery model for this work, based on the Flood and Water Management Act, April 2010. The Act provides for the formation of an Infrastructure Services Provider (ISP), somewhat similar to a public finance initiative (PFI) or Public Private Partnership (PPP).

  The required services and ISP model development will follow two phases:

  Phase 1 – to understand the legislation, assess market interest/capacity and to develop a detailed approach for delivering the project through an ISP, including structuring the necessary financial and contractual arrangements.

  Phase 2 – development of the ISP procurement documentation, issue of invitation to tender (ITT), receipt of tenders, tender assessment, selection of preferred bidder, negotiation and contracting with the preferred ISP bidder.

  TWUL wishes to establish a Qualification System (the "Register") that will form the basis for the award of contracts and/or framework agreements under two lots as described below. The contracts and/or framework agreements ultimately awarded may be for an individual Lot or for both Lots combined.

  This notice is a request for expressions of interest for places on the Register.

  Applications may be made for either or both Lots. TWUL will consider how the services may be combined (if at all) subject to responses received from applicants and in particular where this is considered to offer economic advantage. When responding to this Notice, applicants should therefore consider whether they believe there may be an advantage in providing both services and make their application accordingly for both Lots. The final decision on combining services contained within the Lots for the purpose of awarding framework agreements and/or contracts will be at TWUL’s sole discretion. TWUL reserves the right not to award a framework agreement or contract for one or more of the services listed.

  TWUL currently anticipates awarding framework agreements and contracts of up to five years duration but reserves the right to enter into longer term arrangements.

  Organisations already working with TWUL under any other arrangement must still apply for registration to this qualification system in order to participate in competitions for framework agreements and contracts falling within the scope of this notice.

  The Lots are as follows:-.

  1. Legal / regulatory

  The provision of legal / regulatory advice including but not limited to the development of an ISP including structuring the necessary financial and contractual arrangements, taking into account regulatory constraints to TWUL.

  2. Financial / commercial

  The provision of general financial / commercial advice in relation to the Thames Tunnel project and the structuring of the project, in particular the allocation of risk between the parties, market testing, the interpretation of regulations the method of financing the works under an ISP model and the commercial arrangements under the ISP delivery contract.

  Applicants should note that the qualification process for the Register might require references to be provided and verified, attendances at meetings, talks and presentations at no cost to TWUL.

• II.4)
  COMMON PROCUREMENT VOCABULARY (CPV)

  71800000, 90490000

• II.5)
  CONTRACTS COVERED BY THIS QUALIFICATION SYSTEM ARE COVERED BY THE GOVERNMENT PROCUREMENT AGREEMENT (GPA)

  No

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

• III.1)
  CONDITIONS FOR PARTICIPATION
• III.1.1)
  Qualification for the system

  Conditions to be fulfilled by economic operators in view of their qualification: Refer to Section VI.2 Additional information. Economic and financial capacity and capability and resources.

  Methods according to which each of those conditions will be verified: Refer to Section VI.2 Additional information. Economic and financial capacity and capability and resources.

• III.1.2)
  Reserved contracts

  No

SECTION IV: PROCEDURE

• IV.1)
  AWARD CRITERIA
• IV.1.1)
  Award criteria

  The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate

• IV.1.2)
  An electronic auction will be used

  No

• IV.2)
  ADMINISTRATIVE INFORMATION
• IV.2.1)
  File reference number attributed by the contracting authority

  988

• IV.2.2)
  Duration of the qualification system

  Indefinite duration

• IV.2.3)
  Renewal of the qualification system

  No

SECTION VI: COMPLEMENTARY INFORMATION

• VI.1)
  ONE OR MORE CONTRACTS COVERED BY THE QUALIFICATION SYSTEM ARE RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS

  No

• VI.2)
  ADDITIONAL INFORMATION

  Economic and financial capacity.

  Applicants are advised that TWUL currently operates an internal risk management approach with regard to the economic and financial capacity of its successful suppliers and where appropriate will seek further information over the duration of any contract or framework agreement awarded, (either directly from the supplier or via an externally recognised economic and financial information provider) as to the supplier's on-going economic & financial capacity post award. Information gathered over the duration of the contract or framework agreement period may be utilised as part of TWUL internal risk management process.

  Applicants must supply audited accounts or equivalent annual reports for the last 2 years, the latest of which should be for an accounting period ending no more than 9 months before the date on which the accounts are submitted to TWUL. Where this is not possible (new organisation/joint venture) applicants must provide business plan information covering a 2 year period.

  Applicants must be able to demonstrate through the information provided fee turnover in excess of 100 000 000 GBP per annum.

  Capability and resources.

  Applicants to this Notice must be able to demonstrate significant experience in developing similar arrangements for major projects with individual values in excess of £1 billion.

  The following information is required to be provided to enable evaluation of this requirement:

  1. Your organisation: Please provide the address of your registered office, and details of the UK locations you operate from, together with the named person responsible for this application. Please state whether your company is part of a group or is affiliated in any way with other companies. If so, please provide details of the group company structure or other company relationships. Alternatively provide details if you propose to develop a new partnership with another company to deliver the services you are seeking to qualify for.

  2. Experience: Provide reference details of at least 5 previous commissions undertaken in the last 10 years for requirements similar to those outlined above in particular capital construction projects with similar technical scope and contractual complexity within the utility sector. For each commission, describe the sector, client, nature and scope of services provided, value and duration, including referee contact details. Confirm your willingness for us to approach referees on receipt of your application. Please note that customer site visits may be required as part of the qualification process

  3. Please give an outline of what you regard as the key issues involved in successfully delivering the services you are seeking to qualify for, together with an outline of how the work could be managed and organised in order to ensure value for money for TWUL.

  4. State the number and type (e.g. specialist/ administrative/technical) of staff currently available to resource the provision of the services you are seeking to qualify for and state the level of staff turnover in the part of your organisation relevant to the Lot(s) applied for. Applicants must provide CVs for key specialists with relevant experience.

  5. Prepare an indicative organisation chart and resource profile with descriptions of key full time roles and describe the nature, availability and working style of additional expertise anticipated beyond dedicated staff.

  Responses that meet the minimum requirements set out above will be assessed and ranked for each Lot. TWUL currently envisages selecting the four most highly ranked applicants for each Lot to tender for an initial contract or framework agreement for the provision of the relevant services, but reserves the right instead to select either a higher or lower number of applicants to tender. The tendering of any further contracts or framework agreements under the Qualification System will be entirely at the discretion of TWUL.

  [The successful contractor(s) will be required to actively participate in the achievement of social and / or environmental objectives. Accordingly contract performance conditions may relate in particular to social, environmental or other corporate social responsibility considerations. Further details of these conditions will be set out in the contract documents].

  Any agreement resulting from this Notice may be modified to include further similar services under the management of TWUL or its associated companies (subsidiaries, sister, parent company) within the EU.

  This Notice does not preclude TWUL or its associated companies (subsidiaries, sister, parent companies etc) from issuing other contract notices for specific requirements from time to time.

  Unless specifically stated otherwise, TWUL shall not be responsible for any costs, charges or expenses incurred by applicants and does not accept liability for any costs, charges or expenses incurred by applicants, irrespective of the outcome of the qualification process or any subsequent competition for a contract or framework agreement, or if the qualification process or competition is cancelled or postponed.

  TWUL reserves the right to terminate the qualification process or any subsequent competition for a contract or framework agreement, to change the basis of and the procedures for the qualification process and any subsequent bidding process at any time, or to procure services required for the ISP project by alternative means if it appears to TWUL that those services can be more advantageously procured by those alternative means. In any competition for a contract or framework agreement pursuant to this qualification system the most economically advantageous or any tender will not automatically be accepted.

  TWUL reserves the right to procure any of the services referred to in this Notice separately.

  There is no application form available for completion – applicants are required to respond directly to this Notice. Responses to the Notice should consist of a maximum of ten pages of A4 paper to be provided electronically in Adobe Acrobat version 8. Accounts, CVs, copies of certificates and supporting information may be appended to the main body of the response. Applications who fail to supply all of the information requested in response to this Notice risk elimination. Candidates who do not meet the minimum requirements set out above also risk elimination. The contents of this Notice are sufficient for submissions of pre-qualification data; all other communications are discouraged. Applications must be clear and concise and contain all the information requested in this notice. The format of supplier's responses must be such that each question above is restated and immediately followed by the applicant’s response. Contracts will be under UK Law.

  TWUL intends to invite tenders for the award of initial contracts or framework agreements for the services described in the Lots during September/October 2010. Applicants wishing to be considered for such contracts or framework agreements should therefore respond to this Notice by no later than 15.9.2010. Applications received after this date may not be considered for the initial contracts and/or framework agreements at TWUL's discretion.

  Further information on the Thames Tunnel Project can be found on TWUL’s Thames Tunnel Website.

• VI.3)
  PROCEDURES FOR APPEAL

VI.3.1)
Body responsible for appeal procedures

• VI.3.2)
  Lodging of appeals

  Precise information on deadline(s) for lodging appeals: Precise information on deadline(s) for lodging appeals: In awarding contracts and/or framework agreements following this Notice, TWUL will comply with Regulation 33A of the Utilities Contracts Regulations, 2006.

  TWUL, in conformity with regulation 33A, will not enter into such contracts and/or framework agreements before whichever of the following occurs first—(a) midnight at the end of the 15th day after the relevant sending date;

  (b) midnight at the end of 10th day after the date on which the last of the economic operators to receive such a notice receives it.

  The relevant sending date means the date on which the regulation 33(1) notices are sent to the relevant economic operators, and if the notices are sent to different relevant economic operators on different dates, the relevant sending date is the date on which the last of the notices is sent. This period allows unsuccessful tenderers to seek further debriefing from the TWUL before the contract is entered into.

  Any proceedings for breach of TWUL’s duties under regulations 45A and 45B of the Utilities Contracts Regulations must be brought in the High Court, within the applicable time limits set in those Regulations. Where a contract or framework agreement has not been entered into the court may order the settling aside of the award decision or order TWUL to amend any document and/or may award damages. If the contract or framework agreement has been entered into the court may, depending on the circumstances, declare the contract or framework agreement ineffective, shorten its duration and/or order payment of a civil financial penalty and may also award damages.

VI.3.3)
Service from which information about the lodging of appeals may be obtained

• VI.4)
  DATE OF DISPATCH OF THIS NOTICE:

  27.8.2010