United Kingdom : Huddersfield - Motor vehicles for the transport of fewer than 10 persons
The contracting authority intends to establish a Dynamic Purchasing System (“DPS”) for the provision of passenger transport services (“the Service” or “Services”) under which interested economic operators can become eligible to bid to provide specific service contracts or “Routes”.
Legal, economic, financial and technical information
See Section 6 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).
Pass — The economic operator has provided either:
a— at least one example of a previous contract that meets the minimum requirements set out in Section 6, and demonstrates to the reasonable satisfaction of the contracting authority that the economic operator possesses the relevant general technical expertise and professional experience to be entrusted with the contracting authority's requirements under the DPS,
b— a satisfactory reason as to why the economic operator is unable to provide any examples of previous contracts that are relevant to the contracting authority's requirements under the procurement, and that meets the minimum requirements set out in Section 6.3 of the SQ.
However, economic operators are asked to note that:
c— if economic operators need to use more than 1 example to demonstrate that they possess the relevant general technical expertise and professional experience, they may do so up to a maximum of 3 examples,
d— the contracting authority reserves the right to confirm the accuracy of any information provided in response to Section 6 of the SQ with any named customer contact(s),
e— any replies from any named customer contact(s) which lead the contracting authority, acting reasonably, to doubt any significant representations made in the economic operator's responses to Section 6 may result in exclusion.
Fail — The economic operator:
a— has failed to provide any examples of any previous contracts in response to Section 6 of the SQ,
b— has failed to provide a satisfactory reason as to why they were unable to provide any examples,
c— the examples given in response to Section 6 of the SQ do not demonstrate to the reasonable satisfaction of the contracting authority that the economic operator possesses the relevant general technical expertise and professional experience to be entrusted with the contracting authority's requirements under the DPS.
The economic operators’ request to participate on this DPS will be assessed against their responses to the minimum selection criteria within the Selection Questionnaire (“SQ”) in the request to participate submission document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this notice above. In accordance with:
i— Article 57 to 60 of Directive 2014/24/EU of the European Parliament and of the European Council, and
ii— Regulations 57 to 60 of the public contracts 2015 (SI 2015/102) (the “Regulations”), which require or permit the contracting authority not to select or to treat as ineligible, economic operators, the contracting authority reserves the right to exclude any economic operator from participating in the DPS whom they deem to not satisfy any of the minimum selection criteria outlined within this document.
See Sections 4 and 5 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).
Economic operators must submit either a copy of the audited accounts for the most recent 2 years if requested. If it cannot, then it must provide either:
a) a statement of the turnover, profit and loss account /income statement, balance sheet /statement of financial position and statement of cash flow for the most recent year of trading for this organisation,
b) a statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position, or
c) alternative means of demonstrating financial status if any of the above are not available (e.g. forecast of turnover for the current year and a statement of funding provided by the owners and /or the bank, charity accruals accounts or an alternative means of demonstrating financial status).
Economic operators must also confirm whether or not they are part of a wider group (e.g. a subsidiary of a holding /parent company), and if so must provide confirmation of:
a) the name of the organisation,
b) the relationship to the economic operator completing the SQ, the organisation's company accounts (if available), and confirmation on whether or not this organisation would be willing to provide a guarantee if necessary, and if not would the economic operator be able to obtain a guarantee elsewhere (e.g. from a bank)
See Section 8.1 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).
Economic operators are asked to self-certify whether they already have, or can commit to obtain, prior to the commencement date of the contract called off under this DPS further to Schedules 4 and 5 of the DPS agreement (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ), the levels of insurance cover indicated below:
a) employer's (compulsory) liability insurance: 10 000 000 GBP (in relation to any one claim or series of claims),
b) public liability insurance: 10 000 000 GBP (in relation to any one claim or series of claims), and
c) fleet motor insurance: 5 000 000 GBP (in relation to any one claim or series of claims - also inclusive of unlimited bodily injury insurance).
Information and formalities necessary for evaluating if requirements are met:
Economic operators are asked to provide examples of relevant experience in accordance with the requirements set out within Section 6 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).
See Section 4 of the Selection Questionnaire (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).
The rationale applied will be economic operators being able to demonstrate a positive net worth and an annual turnover of at least 2 times the estimated minimum annual contract value that may be tendered under this dynamic purchasing system agreement. These values will vary depending on number and type of vehicles and approved drivers available. This selection criteria is available in more detail within the procurement documents. Failure by an economic operator to supply either a copy of the audited accounts for the most recent 2 years or any one of the documents listed in (a) — (c) in Section 4.1 of the SQ may also result in exclusion. Further, any answers which lead the contracting authority, acting reasonably, to conclude (considering the risk that the relevant answer suggests about the economic operator's ability to properly perform the contract) that it would be inappropriate to select the economic operator on this occasion may result in exclusion. In addition, if an economic operator indicates in Section 5 of the SQ that its parent or holding company is prepared to guarantee the performance of the economic operator's company, the information provided in response to Sections 5.1 to 5.3 will be used in the financial assessment of the economic operator.
See 8.1 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).
Failure to indicate “Yes” to any of the required insurances stated in Section 8.1 will result in exclusion.
The DPS is anticipated to commence on 1.6.2018 for a period of 2 years up to 31.5.2020, with a provision to extend the DPS for up to 3 further 1 year periods (the “DPS Period”), and therefore the time limit for receipt of requests to participate is 31.5.2023 (subject to all extensions being taken). However, in order to be considered for the first round of further competitions placed under the DPS, the initial deadline for the receipt of requests to participation is Monday 2.7.2018 at 13:00 GMT and must include all supporting documents as required by the request to participate documents.
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.
Economic operators who are unsuccessful at the SQ stage shall be informed by the contracting authority as soon as possible after the decision is made as to the reasons why the application to join the DPS was unsuccessful. If an economic operator requires any additional information following this initial de-briefing,this should be requested from the address at Section I.1 of this notice. If an appeal regarding the decision to award a position on the DPS has not been successfully resolved, then the public contracts Regulations 2015(SI 2015/102) provide 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). Any such action must be started within 30 days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had risen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than 3 months after that date. Where a contract has not been entered into, the Court may order the setting aside of the award decision or order for any document to be amended and may award damages, make a declaration of ineffectiveness, order for a fine to be paid, and /or order the duration of the contract to be shortened. If however the contract has been concluded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the contract to be ineffective.
High Court of England and Wales
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31 May 20231655 days remaining
Total estimated value
GBP 15.0 million
United Kingdom, Huddersfield
LOTS ASSOCIATED WITH THIS TENDER
GBP 15.0 million
The council is responsible for arranging home to school transport to schools and colleges for children and young people with Special Education Needs (SEN) and disabilities. In addition, the council also arranges transport for respite /short breaks and for adults to attend local day centres. Overall the service comprises over 400 000 journeys annually.
The council’s home to school transport service employs approximately 130 passenger assistants who ensure that children and adults are safely and comfortably transported to various locations within, and on occasions outside, the Kirklees District.
The current contracts for these services are due to expire in 25.7.2018 and the council must secure continued provision of these services. The council intends to establish the DPS to enable all types of relevant businesses to apply to be admitted to an approved list of operators, members of which shall be invited from time to time to compete for the award of specific contracts to supply these services.
The services comprise of the following requirements:
a— route transportation of children /adults /passenger assistants to schools, colleges and day centre locations and other venues, and either back home again or to another designated point as specifically set out in each route sheet /instruction,
b— interim cover of new journeys which are likely to continue for some time and which may eventually be converted into routes at the discretion of the council,
c— emergency provision for urgent service requirements at short notice,
d— ad-hoc provision for occasional Service requirements.
Stated values are estimates and the contracting authority shall not be bound by such estimates nor should these be interpreted as an undertaking to purchase any services. It is not possible to establish an exact future workload and it is therefore not possible to guarantee that all or any of the economic operators admitted to the DPS will in fact enter into any specific contracts.
Description of renewals
The DPS will initially run for a period of 24 months with the successful economic operators, with the provision to extend the DPS by up to a maximum of 3 further 12 months extension periods, subject to continued availability of budgets and /or the use of eligible economic operators continuing to meet the requirements and demands of the service.
Main site or place of performance
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