CONTRACT NOTICE – NATIONAL

1 Authority Details

1.1

Authority Name and Address

1.2

Address from which documentation may be obtained

1.3

Completed documents must be returned to:

2 Contract Details

2.1

Title

Construction Consultancy Services

2.2

Description of the goods or services required

1. INTRODUCTION AND BACKGROUND

Tender contract value

It is envisaged that the tender value will not exceed £100,000 over the two years of the contract.

Career Choices Dewis Gyrfa Ltd (CCDG) is a wholly owned subsidiary of the Welsh Government which was formed on 1 April 2013. Trading as Gyrfa Cymru Careers Wales, we provide the all age independent and impartial careers information, advice and guidance service for Wales.

We deliver a remit set by the Minister for Education and Skills and support the Welsh Government’s strategic objectives as identified in the Programme for Government and related Welsh Government policies, such as the Youth Engagement and Progression Framework (YEPF). The overall focus for our service is to help people make effective decisions and become independent in managing their careers. This includes making realistic career decisions and plans, and ensuring successful progression and positive outcomes for individuals, who we support to gain appropriate training, further learning or employment. Our work helps to develop the nation’s skills base and to support the effectiveness of expenditure on education and training, thereby contributing to the economic and social well-being of Wales.

Gyrfa Cymru Careers Wales is part of the broader ‘Careers Family’ in Wales which includes the Welsh Higher Education Careers Advisory Services, Secondary Schools, Further Education Institutions, Work Based Learning Providers, Local Authority Youth Services, Learning Coaches, Jobcentre Plus, Probation and Youth Offending Services and others.

Careers Wales own or lease some 42 properties in Wales, we are intending to appoint consultancy services to cover all our offices.

It is intended that an “All in Multi-disciplined consultancy service be engaged, with the lead consultant required to take responsibility for and manage the contracts for all required services to include architectural, structural engineering and quantity surveying / cost consultancy.

A fully qualified professional for each discipline to be made available within the team with sub-consultants engaged when required.

The lead consultant will be responsible for the following items:

• Defining the client’s requirements,

• identifying constraints

• developing and maintaining a project strategy

• the appointment of appropriate professional skills

• creating a management structure and good communications environment in which all parties can perform effectively.

• developing project procedures, including identifying relevant existing procedures of the client

• administrative actions such as contributions to and frequency of progress reports, validation of certificates, invoice etc.

• developing and managing change control procedures

• monitoring performance activity, cost planning, change control, programme and progress

• evaluating performance of the project in use

• BREEAM where appropriate within the design together with other environmental issues that occurs.

Practices will adhere to their relevant professional bodies codes of conduct at all times.

Organisations are at different stages with implementation of the use of BIM suppliers will be expected to work with participating organisations regarding development of BIM in line with individual authority and WAG requirements.

The Service Provider must allow for all work necessary for the delivery of the project including but not limited to the following:

• All project management duties with regard to the services specified within the applicable lot.

• Contract administration

• Employers agent

• Expert witness

• Cost Management

• Supply Chain Management

• Where applicable and appropriate due consideration will be given to BREEAM Excellence requirements

• Conservation area, listed building, historic estate and archaeological reviews.

• Specific outputs defined by the client within the specification for the further competition.

• Service Provider specified outputs

• Compliance with all Clients policies in the development of the design and other Outputs;

• Stakeholder consultations and approvals e.g. planning authorities, building control, fire authorities, facilities management, site security and Client representatives.

• All disciplines to be represented at relevant meetings, site visits, workshops and discussions;

• Preparing all necessary project documentation, including agendas, minutes of meetings, formal contract correspondence, appointment documentation and obtaining specialist fee quotations;

• Providing resource input into the development e.g. attending framework/supply chain meetings, workshops, away days and other events organised by the Client.

• The Service Provider will be responsible for managing and maintaining the relationship with the Client, including providing feedback on potential improvements that could be implemented and integrated into the project deliverables at agreed intervals.

• Production of hard copy drawings/designs/schedules as required for tender/contract purposes and a full set at each revision as required by the Client/Project Manager.

• There may be a requirement to produce documentation in and attend and present at meeting which are conducted in Welsh Language.

• Attending meetings as and when required in line with the needs of the project.

The fees submitted by the Service Provider are deemed to include all necessary services which could reasonably be expected of a professional working in the specified field, this includes but is not limited to all account management, internal processes, provision of management information, travel, subsistence and accommodation expenses.

NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site at http://www.sell2wales.gov.uk/Search/Search_Switch.aspx?ID=41214.

2.3

Notice Coding and Classification

2.4

Total quantity or scope of tender

It is intended the appointed consultant will be engaged for a period of 2 years.

The appointed consultant will liaise and take instructions from the “Careers Wales Property Team”, with the service which could involve:

1) Relatively major alterations and refurbishments up to a value of approximately £100,000.

2) Minor alterations up to a value of £25,000

3) Planned and general maintenance

4) Liaising with landlords/agents with regard to termination and renewal of leases

The projected expenditure for the above works is appended:

POTENTIAL EXPENDITURE (£)

YEAR WORKS MAINTENANCE

1 250,000 75,000

2 250,000 75,000

3 Conditions for Participation

3.1

Minimum standards and qualification required

Tendering Terms

CCDG reserves the right to reject or disqualify a Tenderer where:

the tender is submitted late, is completed incorrectly, is incomplete or fails to meet the CCDG's submission requirements.

the Tenderer is guilty of serious misrepresentation in relation to its application and / or the process; and / or

the Tenderer contravenes any of the terms and conditions of this tender; and/or

there is a change in identity (including where applicable the make up of consortia), control, financial standing or other factor impacting on the evaluation process affecting the Tenderer; and/or

where the pricing of a tender is abnormally low

The disqualification of a Tenderer will not prejudice any other civil remedies available to CCDG and will not prejudice any criminal liabilities that such conduct by a Tenderer may attract.

CCDG further reserves the right to:

cancel the tender process at any stage for any reason;

require a Tenderer to clarify their submission in writing or by means of a clarification meeting and / or provide additional information. (Failure to respond adequately may result in the disqualification of a Tenderer);

amend the terms and conditions of the tender process; and/or

award only part of the contract.

CCDG reserves the right to withdraw from the tendering process at any stage or to vary the scope of the Products required and CCDG shall not be liable to any Tenderer as a result of this action. In the event that the tender process is cancelled no part of the tender submitted shall be returned to the Tenderer.

Tenderers acknowledge and agree by their submission that their tender remains open for acceptance by CCDG for six months from the closing date for receipt of tenders.

Communication

All contact must be made through Will Piper who will facilitate appropriate contact with other relevant persons. Contact should be made by email to Will.piper@careerswales.com.

Tenderers must not in any way canvass or solicit information from any other employee of CCDG or its agents and / or advisers.

Clarification

Should any Tenderer wish to raise any questions or obtain any further information not contained in the tender or not otherwise publicly available all questions / requests must be submitted to Will Piper before 5pm on 01/03/2016 to the email address set out in section 1.6

If a question or request for clarification or further information is not made by the date referred to in section 1.8, CCDG reserves the right not to respond but may, at its own discretion, endeavour to respond to the Tenderer and provide the Tenderer with any additional information to which CCDG has access, but CCDG shall not be obliged to comply with any such request and does not accept any liability or responsibility for failure to provide any such information.

CCDG will endeavour to respond to queries within seven working days and will advise Tenderers if a longer response time is required due to the nature of the query.

Tenderers are encouraged to identify issues on which they would like clarification as early as possible in the tendering process and must raise a clarification if any aspect of this tender is not clear to the Tenderer.

Right to Amend

CCDG reserves the right to issue supplementary documentation at any time during the process in order to clarify any issue or amend any aspect of the tender. All such further documentation issued by CCDG during the tendering process shall be deemed to form part of the tender and shall supersede any part of the tender to the extent indicated. CCDG may exercise the option to extend the tender period and postpone the tender return date, in the event that subsequent documentation is issued or for any other reason.

Confidentiality

Save as specified below, CCDG and its advisors will keep confidential the tenders and any other information supplied by Tenderers during the tendering process and will use best endeavours to prevent any disclosures by their officers and employees.

Tenderers must be aware that at key stages in the project CCDG may be obliged to disclose detailed information relating to Tenders to relevant monitoring authorities and to make the key project documents available for private inspection by such authorities.

Whilst CCDG will be reasonable as regards the protection of commercially sensitive information, it can only do so in the light of the latest published guidance on this area.

Freedom of Information and Environmental Information Statement

CCDG is subject to The Freedom of Information Act 2000 (“Act”) and The Environmental Information Regulations 2004 (“EIR”).

As part of CCDG’s duties under the Act or EIR, it may be required to disclose information concerning the procurement process or the Contract to anyone who makes a request.

If the Tenderer considers that any of the information provided in their tender is commercially sensitive (meaning it could reasonably cause prejudice to the Tenderer if disclosed to a third party) then it should be clearly marked as "Not for disclosure to third parties” together with valid reasons in support of the information as being exempt from disclosure under the Act and the EIR.

CCDG will endeavour to consult with the Tenderer and have regard to comments and any objections before it releases any information to a third party under the Act or the EIR. However CCDG shall be entitled to determine in its absolute discretion whether any information is exempt from the Act and/or the EIR, or is to be disclosed in response to a request of information. CCDG must make its decision on disclosure in accordance with the provisions of the Act or the EIR and can only withhold information if it is covered by an exemption from disclosure under the Act or the EIR.

No re-submissions

Tenderers are reminded of the requirement that their submissions represent the views of all members of the Tenderer consortium (if any) and their subcontractors and Tenderers will not be allowed to resubmit key areas of their proposals at later stages of the tender process.

Canvassing and non-collusion

Except as specifically authorised by CCDG, Tenderers shall not approach any other Tenderer or member of CCDG’s staff with a view to seeking information in respect of any part of their submission or proposals or attempting to support or enhance their prospects of their tender being selected.

Any collusion between Tenderers, combining of Tenderers or transfer of any equity partner, development manager, advisor or subcontractor from one Tenderer to another may lead to the exclusion of the Tenderers involved at the discretion of CCDG.

Tenderers are required to return the Form Of Tender, Certificate of Non-canvassing and Non-collusive Tendering as set out in Appendices 1, 2 and 3 .

Publicity

No publicity regarding the project or the award of the contract will be permitted unless and until CCDG have given express written consent to the relevant communication. In particular, no statements should be made to the press or other similar organisations regarding the nature of any tender, its contents or any proposals relating thereto without prior written consent.

Costs

All Tenderers are solely responsible for their costs and expenses incurred in connection with the preparation and submission of their tender and the tendering process. Under no circumstances will CCDG, or any of its advisers, be liable for any costs or expenses borne by the Tenderer or any of its consortium members, subcontractors or advisers in this process or for any economic loss or other loss of profit incurred by any Tenderer in relation to the project.

Compliance with Legislation

Tenderers are deemed to understand fully the processes that CCDG is required to follow under relevant European and UK legislation, particularly in relation to The Public Contracts Regulations 2006 (as amended).

Compliance with all relevant legislation is required both in the contract award procedure and during the term of any resultant contract

Jurisdiction and governing laws

All aspects of the tendering process shall be governed by and construed in accordance with the laws of England and Wales as applied in Wales and each Tenderer submits to the jurisdiction of the English and Welsh courts.

Disclaimer

None of CCDG, its advisors, or directors, officers, members, partners, employees, other staff, agents or advisers of any such person:

makes any representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of the information in the tender. Any persons considering making a decision to enter into contractual relationships with CCDG following receipt of the tender should make their own investigations and their own independent assessment of CCDG and its requirement for the Products and should seek their own professional financial and legal advice; or

accepts any responsibility for the information in the tender or for its fairness, accuracy or completeness, nor shall any of them be liable for any loss or damage (other than in respect of fraudulent misrepresentation) arising as a result of reliance on such information or any subsequent communication. Only the express terms of any written contract relating to the subject matter of this tender as and when it is executed shall have any contractual effect in connection with the matters to which it relates. Any such contract will be governed by English and Welsh law.

Nothing in the tender or other contract documents is or should be relied upon as a promise or representation as to CCDG's ultimate decisions in relation to this project.

No oral acceptance by CCDG of any offer or outline submissions within an offer shall be valid or binding on CCDG.

In order to further ensure a fair and competitive process, CCDG requires that all actual or potential conflicts of interest are disclosed, identified and resolved to CCDG ’s satisfaction prior to the submission of Tenders or immediately notified to CCDG in the event that any actual or potential conflict of interest comes to the Tenderer’s attention following the submission of a Tender. In such circumstances CCDG may require further information from Tenderers but reserve the right to disqualify a Tenderer from further involvement.

CCDG reserves the right to exclude Tenderers from the procurement process should actual or potential conflicts of interest be found by CCDG to confer an unfair competitive advantage on one or more Tenderers or to otherwise undermine a fair and competitive procurement process and, following consultation with the Tenderer, such actual or potential conflicts are not resolved to the satisfaction of CCDG.

Tender Scoring

Price_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 40%

Quality _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _60%

Please provide evidence that the following insurance cover is in place:

Public Liability Insurance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ £5,000,000

Professional Indemnity Insurance for each and every claim _ _ _ _ _ _ _ _ £1,000,000

Employers Liability Insurance, where applicable _ _ _ _ _ _ _ _ _ _ _ _ _ _ £5,000,000

Please provide the last 2 years audited accounts

Please provide details of the average number of employees for the last 2 years.

Confirmation will be required with regard to 1) evidence of the vetting of subcontractors and their records also any findings of unlawful discrimination, in connection with “equal opportunities” 2) No conviction or notice under environmental legislations within the last 3 years, to include subcontractors and 3) commitment to Fair Payment Policy upon award of the tender. Failure to provide these details will result in the tender award being withdrawn.

Price Calculation 40%

Tenderers are requested to supply maximum hourly rates to include travelling expenses; subsistence and accommodation expenses, to take into consideration that services will be required across the whole of Wales.

Partner/Principal/Director

Professional staff / senior consultant

Technical staff

The price score will be allocated as follows:

The three prices quoted will be averaged to achieve a single hourly cost rate All general administrative services are to be included within the rates.

E.g. three tenders bids received – Bid 1 - average rate for services £60, Bid 2 average rate for services £90 and Bid 3 average rate for services - £120

Bid 1 would receive a score of 40

Bid 2

(£30//£60) 50% higher

60 - (60 * .5) = a score of 20

Bid 3

(£60/£60) 100% higher

60 - (60 * 1) = a score of 0

By submitting a bid, the provider acknowledges and agrees that the rates submitted will not be increased for the 2 year period of the contract

All prices and rates shall be dealt with on an “open book basis”, meaning the transparent sharing of all accounting information including actual costs in order to aid financial governance and to enable structured cost reduction initiatives.

Quality – 60%

15% - One of the key functions of the consultant will be to manage dilapidations of a number of our offices over the next two years. We are seeking consultants who can show a proven track record in providing commercial solutions by optimising a negotiating strategy and realising the best possible outcome for Careers Wales. Please provide three examples of work in this field with references.

• 15% Three examples of managing refurbishment projects up to £100,000. Please provide references.

• 10% Evidence of capability and relevant experience of the personnel to be assigned – please provide a c.v. for each member of staff.

• 10% Approach to client management – provide details of the stakeholder management process and communication with Careers Wales staff.

• 5% Commitment to green practices and environment sustainability– please provide details of any certificates or practices in place

• 5% Quality assurance – please provide details of your quality assurance processes . Please also provide progress in meeting the compliance requirements at BIM level 2.

The scoring methodology

• Very Good or Fully Compliant Submission -which meets all requirements and is fully explained in comprehensive detail – between 90 to 100% of the marks available

• Good or Fully Compliant Submission -which meets all the requirements and is explained in reasonable detail between 70% and 80% of the marks available

• Satisfactory or Compliant Submission -which meets the essential requirements and is explained in adequate detail 50% to 60% of the marks available

• Weak or Partially Compliant (Minor issues) Submission where some areas falls short of requirements and is poorly explained 30% to 40% of the marks available

• Un acceptable or Non Compliant (Major issues) Submission which fails to meet requirements and is not explained10% to 20% of the marks available

These instructions are designed to ensure that all Tenderers are given equal and fair consideration. It is important therefore that you provide all the information asked for in the format and order specified. Please contact the client if you have any doubt as to what is required or will have difficulty in providing the information requested.

Tenderers should read these instructions carefully before completing the Tender documentation. Failure to comply with these requirements for completion and submission of the Tender Response may result in the rejection of the Tender. Tenderers are advised therefore to acquaint themselves fully with the extent and nature of the services and contractual obligations. These instructions constitute the Conditions of Tender. Participation in the tender process automatically signals that the Tenderer accepts these Conditions of Participation.

The Tenderer shall ensure that each and every sub-contractor, consortium member and adviser abides by the terms of these instructions and the Conditions of Tender.

The Tenderer shall not make contact with any other employee, agent or consultant of the Authority who are in any way connected with this procurement exercise during the period of this procurement exercise, unless instructed otherwise by the Authority.

Tenderers shall at all times treat the content of the ITT and any related documents (together called the ‘information’) as confidential, save in so far as they are already in the public domain;

Tenderers shall not disclose, copy, reproduce, distribute or pass any of the information to any other person at any time or allow any of these things to happen;

Tenderers shall not use any of the information for any purpose other than for the purpose of submitting (or deciding whether to submit) a Tender; and

Tenderers shall not undertake any publicity activity within any section of the media.

Set out below is the proposed procurement time table that is intended as a guide and although it is not intended to depart from this it reserves the right to do so at any stage.

Invitation date 19th February 2016

Closing date and receipt of tender 18th March 2016

Commencement date of appointment 1 April 2016

Any Tenderer who:

Fixes or adjusts the amount of its Tender by or in accordance with any agreement or arrangement with any other party; or

Communicates to any other party other than the Client or, as applicable, relevant OCB the amount or approximate amount of its proposed Tender or information which would enable the amount or approximate amount to be calculated (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Tender or insurance or any necessary security); or

Enters into any agreement or arrangement with any other party that such other party shall refrain from submitting a Tender; or

Enters into any agreement or arrangement with any other party as to the amount of any Tender submitted; or

Offers or agrees to pay or give or does pay or give any sum or sums of money, inducement or valuable consideration directly or indirectly to any party for doing or having done or causing or having caused to be done in relation to any other Tender or proposed Tender, any act or omission, shall (without prejudice to any other civil remedies available to the Client and without prejudice to any criminal liability which such conduct by a Tenderer may attract) be disqualified.

Any Tender received at the designated place after 12 noon on 18 March 2016 may be rejected unless the Tenderer can provide irrefutable evidence that the Tender was capable of being recovered by the due date and time.

After the receipt of Tenders, the client may visit at least one customer reference site of the Tenderer and may seek whether references from any other designated customers which are not visited. All unsuccessful Tenderers will be provided with an “unsuccessful letter” notifying them of the outcome of the evaluation exercise and the name of the successful tenderer/s.

4 Administrative Information

4.1

Type of Procedure

Single stage

4.2

Reference number attributed to the notice by the contracting authority

N/a

4.3

Time Limits

4.5

Language or languages in which tenders or requests to participate can be drawn up

4.6

Tender Submission Postbox

5 Other Information

5.1

Additional Information

Submission Details

A total of three hard copies of the tender document should be provided. Faxed or emailed tenders will not be accepted. They should be delivered to the Careers Wales no later than noon on Friday 18 March 2016. Tenders received after this date will not be considered.

All tenders should be sent to:

Paul Powell

53 Charles Street

Cardiff

CF10 2GD

(WA Ref:41214)

5.2

Additional Documentation

5.3

Publication date of this notice