Kirklees Metropolitan Council : WINTER SERVICE OPERATIONS WITHIN THE ADMINISTRATIVE AREA OF KIRKLEES, 01 OCTOBER 2014 TO 30 SEPTEMBER 2016 (with provision to extend for a further two years (1+1) until 30 September 2018)

UK-Huddersfield,: Snow-clearing services.

Section I: Contracting Authority
   I.1)Name, Addresses and Contact Point(s):
      The Council of the Borough of Kirklees
      Town Hall,, Ramsden Street,, Huddersfield,, HD1 2TA, United Kingdom
      Tel. +44 1484221000, Fax. +44 1484225577, Email: highways.contracts@kirklees.gov.uk, URL: https://www.kirklees.gov.uk
      Contact: Beverley Martin/Shazad Moghal
      Electronic Access URL: https://www.yortender.co.uk
      Electronic Submission URL: https://www.yortender.co.uk

      Further information can be obtained at: As Above       
      Specifications and additional documents: As Above       
      Tenders or requests to participate must be sent to: ANNEX A.III
            
   
   I.2)Type of the contracting authority:
      Regional or local authority

   I.3) Main activity:
      General Public Services

   I.4) Contract award on behalf of other contracting authorities:
      The contracting authority is purchasing on behalf of other contracting authorities: No

Section II: Object Of The Contract: SERVICES
   II.1)Description
      II.1.1)Title attributed to the contract by the contracting authority: WINTER SERVICE OPERATIONS WITHIN THE ADMINISTRATIVE AREA OF KIRKLEES, 01 OCTOBER 2014 TO 30 SEPTEMBER 2016 (with provision to extend for a further two years (1+1) until 30 September 2018)
      II.1.2)Type of contract and location of works, place of delivery or of performance: SERVICES         
         Service Category: 1

         Region Codes: UKE43 - Calderdale, Kirklees and Wakefield         
      II.1.3) Information about a public contract, a framework or a dynamic purchasing system: The notice involves the setting up of a framework agreement                                                        

      II.1.4)Information on framework agreement:      
            Framework agreement with several operators
      
      II.1.5)Short description of the contract or purchase:
      Snow-clearing services. Ice-clearing services. The works will consist of the provision of labour, plant and vehicles to carry out carriageway and footway Winter Service operations predominantly on the public highway within the administrative area of Kirklees Council.
These operations include the precautionary application of de-icing agent to the carriageway and footway, throughout the winter maintenance season (refer to Schedule 1 and Schedule 2 of the tender documents).
During periods of heavy snow fall or extended snow fall additional resources are sought to support service delivery during these events, operations will include snow ploughing, de-icing agent application and snow clearance works (refer to Schedule 2 of the tender documents).
         
      II.1.6)Common Procurement Vocabulary:
         90620000 - Snow-clearing services.
         
         90630000 - Ice-clearing services.
         

      II.1.7) Information about Government Procurement Agreement (GPA):
         The contract is covered by the Government Procurement Agreement (GPA): Yes       
      II.1.8)Lots:
         This contract is divided into lots: No
      II.1.9)Information about variants:
         Variants will be accepted: No    
   
   II.2)Quantity Or Scope Of The Contract
      II.2.1)Total quantity or scope:
      Not Provided      
      
      II.2.2)Options: Yes
         If yes, description of these options: The Contract is for a guaranteed period of 24 months from 01.10.14 to 30.09.16 with provision to extend for a further 2 years until 30.09.18 therefore the overall maximum framework period may be 48 months. The estimated annual Contract value for these services is £750,000.
The estimated value throughout the duration of the Contract is £3,000,000.                   
         II.2.3)Information about renewals:
            This contract is subject to renewal: Yes
                  
         Number of possible renewals: 2
                            
   II.3)Duration Of The Contract Or Time-Limit For Completion      
         Starting: 01/10/2014
         Completion: 30/09/2018

   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:
      Refer to tender documents. Kirklees Council reserves the right to request contractors to provide a guarantee from their parent or ultimate holding company if necessary - see section A14 of the business questionnaire contained within the tender documents.
      
      III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
      Refer to tender documents.
      
      III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
      Refer to tender documents.
      
      III.1.4)Other particular conditions:
         The performance of the contract is subject to particular conditions:Yes       
      If Yes, description of particular conditions:
      As detailed in the Tender Documents.      
   III.2)Conditions For Participation
      III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers:

      Tenderers must complete and provide the relevant information and/or documents requested within the Business Questionnaire contained within the Tender Documents.
The relevant section criteria set out within the Business Questionnaire are based on those criteria permitted under Regulations 23 to 26 of the Public Contracts Regulations 2006.
Kirklees Council reserves the right to refuse any Tenderer's application and to exclued its tender from the evaluation in any of the circumstances as follows:
- in the event that the Business Questionnaire, supporting information or any other tender submissions are incomplete, inaccurate or misleading:
- for any reason specified in Regulation 23 (criteria for rejection of economic operators) of the Public Contacts Regulations 2006 which requires or permits the Council not to select or treat ineligible applicants/economic operators;
- the information supplied in the Business Questionnaire will be scored according to the criteria set out within that document.
- Tenderers scoring LESS THAN 14 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.      
      III.2.2)Economic and financial capacity
         Economic and financial capacity - means of proof required:         
         
         Information and formalities necessary for evaluating if requirements are met:
         Tenderers must complete Sections B and D of the Business Questionnaire contained within the Tender Document.         
         Minimum Level(s) of standards possibly required:
         Section B - Financial requirements
In response to Sections B1 and B2 of the Business Questionnaire, Tenderers are required to provide their most recent two (2) years' Full Accounts or if these are unavailable your most recent trading accounts.
Should the Council establish that the submitted accounts are not the most recent accounts or recent trading accounts in accordance with the requirements at B1 and B2, the Council will use its judgement as to which figures to use for evaluation purposes. Failure to supply accounts or trading accounts will result in exclusion.
In relation to Section B3 of the Business Questionnaire, the Tenderer's answer to section A12 of the Business Questionnaire (i.e. "is your parent company or ultimate holding company prepared to guarantee the performance of your company?) was 'yes', 'Tenderers must provide that company's most recent two (2) years' accounts.
The information provided in response to B3 will be used in the financial assessment of the Tenderer for the purpose of questions B1 and B2.
In relation to Section B4 of the Business Questionnaire, Tenderers must provide details of any material changes affecting their business operations since the end of the period to which the most recent submitted accounts apply. Any information provided will be used to update the information provided at B1 and B2. Information supplied in response to Section B will be checked against the submitted accounts. In the event of any discrepancy, the figures stated in the submitted accounts will be used.
Section D - Council Insurance requirements
Further to Section D1 of the Business Questionnaire, all Tenderers must provide confirmation that their insurance cover meets the minimum insurance requirements,Employers Liability Indemnity = £5,000,000 or in respect of insurance provided by a Public Liability insurance policy and Motor Insurance Policy, the indemnity limit in respect of loss or damage to property shall be not less than £5,000,000 for any one occurrence or seriers of occurrences arising out of one event and unlimited in any one year.
If a Tenderer does not possess the minimum insurance cover required, then they must confirm that if awarded a contract, they will meet the minimum insurance requirements, at no extra cost to the Council, before contract commencement.

If the Tenderer’s insurances do not meet the Council's minimum requirements, and the Tenderer does not provide confirmation that it will meet
said requirements before the Commencement of the contract, this will result in exclusion.

Section D2 Will not be scored however, if the answer leads the Council, acting reasonably, to conclude (considering the risk that the relevant answer suggests about the Applicant's ability to properly perform the contract) that it would be inappropriate to select the Applicant on this occasion, this may result in exclusion.

GENERAL
Kirklees Council, reserves the right to carry out independent financial vetting if required. Any vetting which leads the Council, acting reasonably, to conclude that it would be inappropriate to select the Tenderer on this occasion will lead to exclusion.

Tenderers scoring LESS THAN 14 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.
For further information see Section VI.3 of this notice below
      
      III.2.3)Technical capacity
         Technical capacity - means of proof required         
         
         Information and formalities necessary for evaluating if requirements are met:
         Tenderers must complete Section E of the Business Questionnaire contained within the Tender Document.         
         Minimum Level(s) of standards possibly required:
         In relation to Section E1, Tenderers must provide a list of (i) the main activities of their Company and (ii) how long they have been undertaking them, relevant to this procurement.

Responses to E1 will be scored as follows:
Excellent examples provided (matching client requirement) = 6
Acceptable examples provided (matching client requirement) = 4
Poor examples provided = 2
Unacceptable examples provided = 1

Responses to E2 will be scored:

Excellent examples provided (matching client requirement) = 6
Acceptable examples provided (matching client requirement) = 4
Poor examples provided = 2
Unacceptable examples provided = 1

Responses to E3 will be scored:

Three or more relevant examples provided (closely matching client requirement) = 6
Two relevant examples provided (matching client requirement) = 4
One relevant (matching client requirement) examples provided = 2
Unacceptable examples provided or no relevant examples = 1

Responses to E4 will be scored:

No penalties, damages, terminations or withdrawals = 6
Penalties etc applied with satisfactory explanation = 4
Penalties etc applied without satisfactory explanation = 1

Responses to E5, E6, E7 and E8 Not scored – For information only.

Tenderers scoring LESS THAN 14 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.      
      III.2.4)Information about reserved contracts: Not Provided   
   III.3)Conditions Specific To Service Contracts
      III.3.1)Information about a particular profession:
         Execution of the service is reserved to a particular profession: Not Provided      
      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: Not Provided
Section IV: Procedure
   IV.1)Type Of Procedure
      IV.1.1)Type of procedure: Open
   
   IV.2)Award Criteria
      IV.2.1)Award criteria:      
         Lowest price

      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: YORE-9H7KUS      
      IV.3.2)Previous publication(s) concerning the same contract: No

      IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document:

      Date: 19/05/2014
      Time-limit for receipt of requests for documents or for accessing documents: 12:59
         Payable documents: No       
      
      IV.3.4)Time-limit for receipt of tenders or requests to participate
         Date: 19/05/2014
         Time: 13:00      
      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 month(s): 6
      
      IV.3.8)Conditions for opening tenders
         Place:
         Time and Place to be arranged
         Persons authorised to be present at the opening of tenders: Yes
            Representatives of Corporate Procurement, Audit and any other authorised Officer of the Council.


Section VI: Complementary Information

   VI.1)This Is A Recurrent Procurement: Yes
      Estimated timing for further notices to be published: At least 6 months
   VI.2)Information about European Union funds:
      The contract is related to a project and/or programme financed by European Union funds: No       
   VI.3)Additional Information: VI.3)Additional Information: The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement, and the contract will be awarded on lowest price, minimum No. of 3 Contractors will be awarded on the Framework.

For the avoidance of doubt please note that:

• The estimates given in Section II.2.2 of this Notice are strictly estimated values only. Any information supplied in the Tender Documents as to the likely volumes of works or the times when they are likely to be required are given purely as indication of past experiences of Kirklees Council.

• The anticipated total value and usage of this Framework Agreement is unknown at present. Tenderers should note that it is not possible to establish an exact future workload and it is therefore not possible to guarantee that all or any the successful economic operators with whom Kirklees Council enters into the Framework Agreement will in fact be called upon to execute Works on behalf of Kirklees Council. Unless otherwise specifically stated elsewhere in the Tender Documents, there is no minimum or maximum value/quantity of Services that may be ordered on any one occasion and the rates tendered must therefore reflect the likelihood of varying magnitude of types of Services.

Kirklees Council is not bound to enter into any Service Contract or other contract following discussions or other representations and Kirklees Council shall not incur any liability in respect of any failure to enter into any Service Contract or in connection with the total volume, type of Service or value of Services anticipated by any of Tenderers or which any Tenderer is asked to carry out.

Without prejudice to the generality of the foregoing, the Tenderer will not be reimbursed any costs or expenses incurred in discussions and preparation of documentation for any prospective Services.

Selection Criteria
Any selection of tenderers will be based purely on the criteria set out in the Business Questionnaire and the remaining Tender Documents.

Tenderers scoring LESS THAN 14 overall in the Business Questionnaire will NOT be selected for consideration of their tender submission.

Award Criteria
Notwithstanding the foregoing paragraph of this Section VI.3 above relating to SMEs, all Tenderers who reach the Selection Criteria as stipulated in the Business Questionnaire shall then be assessed and the Contract shall then be awarded on the basis of lowest price as follows:

• All Tenderers meeting the minimum thresholds as stipulated in the Business Questionnaire will be accepted onto the Framework Arrangement.

• Orders for Service Contracts will be placed with the lowest priced Contractor in accordance with the procedure in Clause 3 of the Form of Framework Agreement attached to this document.

• In addition, Kirklees Council will undertake an appraisal of the rates in the Schedules..

• Tenderers may be asked to explain any anomalies at a Post-Tender Clarification Meeting.

• Abnormally high or low tenders may, at the sole discretion of Kirklees Council’s be excluded.

The evaluation will be undertaken by Kirklees Council who will follow a systematic and comprehensive process in accordance with
Council’s procedures.

For further information, please refer to the Tender Documents.

Availability of Tender Documents will be available from the website http://yortender.co.uk, with reference YORE-9H7KUS. If you need assistance in downloading the relevant information, or uploading your submission, then please contact the Supplier Helpdesk (01670 597136) or email yorkshiresupport@due-north.com.
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=91615254
GO-201442-PRO-5574733 TKR-201442-PRO-5574732
   
   VI.4)Procedures For Appeal
      VI.4.1)Body responsible for appeal procedures:
      Not Provided

      VI.4.2)Lodging of appeals: The Council will incorporate a minimum 10 calender day standstill period at the point when information on the award of the
contract is communicated to tenderers. "If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2009/2992) provided for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).   
   
      VI.4.3)Service from which information about the lodging of appeals may be obtained:
            Not Provided

   VI.5) Date Of Dispatch Of This Notice: 02/04/2014

ANNEX A
   
   III) Addresses and contact points to which tenders/requests to participate must be sent:
      Kirklees Council
      Tender Opening Officer, Corporate Procurement, Civic Centre III, Market Street, Huddersfield, HD1 2EY, United Kingdom
      URL: URL: https://www.yortender.co.uk