CONTRACT NOTICE – OFFICIAL JOURNAL

Section I: Contracting Authority

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

Purchase		Rent		Lease
Hire-purchase		Combination of these

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

Cornwall.

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

Estimated total value of purchases for the entire duration of the framework agreement

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

CORMAC Solutions Ltd wishes to appoint suitably qualified suppliers to a Framework Agreement, to supply bulk liquid fuels to depots and work sites. The Framework will enable call-off contracts to be awarded through a Platts MID CIF lagged rate, plus excise duty, plus supplier's fixed margin pricing mechanism. The Lot categories are as follows:

Lot 1 = Ultra Low Sulphur Diesel Deliveries.

Lot 2 = Gas Oil Deliveries.

Lot 3 = Ultra Low Sulphur Diesel and Gas Oil Deliveries (the award will be made under this lot if a more competitive price is tendered for both products combined).

The Framework will have an initial duration of one year with an option to extend for a further 3 years (3 annual extensions), subject to satisfactory performance, up to a maximum of 4 years total. The commencement date is anticipated to be the 1.4.2016.

Whilst there is no guaranteed of quantity or spend, CORMAC Solutions Ltd is likely to spend in the region of up to GBP 3 750 000 per annum across both lots.

Appointed suppliers will be required to commit to a rebate structure. This is explained in more detail in Clause 12A and Schedule 3 of the Framework Agreement.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

one lot only

one or more lots

all lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or limit for completion

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

No deposits will be required but where applicable the successful tenderer (or in the case of a consortium bid, each member of the consortium) may be required to provide a parent company guarantee or alternative performance bond.

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

These conditions will be provided in the Invitation to Tender documents.

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

Joint and several liability.

III.1.4)

Other particular conditions to which the performance of the contract is subject

The Framework will be subject to CORMAC Solutions Terms and Conditions of Contract.

III.2)

Conditions for Participation

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Parties will be provided with detailed instructions concerning the information they must provide. This will be contained in the Invitation to Tender document. Consideration will only be given to those suppliers who complete and return the Invitation to Tender document by the required date.

Economic operators subject to any of the following [may/will] not be considered where the said operator;

(a) is bankrupt or is being wound up, where their affairs are being administered by the court, where they have entered into an arrangement with creditors, where they have suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;

(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;

(c) has been convicted by a final judgment in accordance with the legal provisions of the country of any offence concerning his professional conduct;

(d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;

(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority;

(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority;

(g) is guilty of serious misrepresentation in supplying the information required under this section or has not supplied such information;

(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;

(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26 June 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;

(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;

(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering.

(l) has been the subject of a conviction for failing to prevent Bribery or Corruption as stated under section 7 of the Bribery Act 2010.

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

Section IV: Procedure

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate

Objective criteria for choosing the limited number of candidates

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

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

CSL2015.03F

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)

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

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender 

IV.3.8)

Conditions for opening tenders

The Authorised Officer from the contracting authority of CORMAC Solutions Ltd, together with at least one witness who is independent of the contracting authority.

Section VI: Other Information

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

VI.3)

Additional Information

In evaluating the suitability of organisations it may be necessary to request additional information and for applicants to attend an interview and/or site visit. Organisations must be able to demonstrate through the Invitation to Tender document that they possess the necessary skills, knowledge and experience to undertake this service.

1. The contract(s) to be entered into shall be considered as contract(s) made under English law and subject to the exclusive jurisdiction of the English Courts.

2. CORMAC Solutions Ltd reserves the right not to enter into any agreement or award any contract as a result of this notice and to vary or change or not to proceed with this competition at any stage of the procurement process.

3. CORMAC Solutions Ltd shall not be responsible for any costs incurred by any organisation responding to this notice.

4. If any organisation considers that any information supplied by it to CORMAC Solutions Ltd is commercially sensitive or confidential in nature this should be highlighted and the reasons for (and duration of) its commercial sensitivity or confidentiality specified. Each organisation should be aware that even where it has been indicated that information is commercially sensitive or confidential; CORMAC Solutions Ltd may be required to disclose it pursuant to the Freedom of Information Act 2000 and Environmental Regulations 2004 in response to a request where such disclosure is considered to be in the public interest. Please note that receipt by CORMAC Solutions Ltd of any material marked ‘confidential’ or equivalent shall not be taken to mean that CORMAC Solutions Ltd accepts any duty of confidence by virtue of that marking.

5. Organisations will be provided with detailed instructions concerning the information they must provide. This will be contained in the Invitation to Tender document. Consideration will only be given to those organisations which complete and return the ITT. The ITT can be obtained by submitting an expression of interest by email to procurement@cormacltd.co.uk

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

At the point at which tenderers and candidates are notified of the contract award decision a minimum 10 calendar day standstill period will apply during which the unsuccessful tenderers and candidates will have the opportunity to appeal against the decision to award before the contract is concluded.

If an appeal regarding the award of the contract has not been successfully resolved, the Public Contracts Regulations 2015 (as amended) provide for aggrieved parties who have been harmed or believe they 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 brought promptly and may take the form of an application for an order to set aside the award decision, suspend the procedure or amend a document, or if the contract has been entered into a claim for a declaration of contract ineffectiveness and/or a claim for damages.

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Dispatch date of this Notice

ANNEX B

Information About Lots

1)

Short Description

Bulk deliveries of Ultra Low Sulphur Diesel.

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

Further information to be detailed in the Invitation to Tender document.

4)

Indication about different contract dates

5)

Additional Information about lots

The intention is for Lot 1 to be awarded to a single supplier on a Platts MID CIF weekly lagged rate, plus excise duty, plus supplier's fixed margin pricing mechanism. If a more competitive tendered rate is received for Lots 1 and 2 combined the award will be made under Lot 3.

ANNEX B

Information About Lots

1)

Short Description

Bulk deliveries of Gas Oil.

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

Further information to be detailed in the Invitation to Tender document.

4)

Indication about different contract dates

5)

Additional Information about lots

The intention is for Lot 2 to be awarded to a single supplier on a Platts MID CIF weekly lagged rate, plus excise duty, plus supplier's fixed margin pricing mechanism. If a more competitive tendered rate is received for Lots 1 and 2 combined the award will be made under Lot 3.

ANNEX B

Information About Lots

1)

Short Description

Bulk deliveries of Ultra Low Sulphur Diesel and Gas Oil.

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

Further information to be detailed in the Invitation to Tender document.

4)

Indication about different contract dates

5)

Additional Information about lots

The intention is for Lot 3 to be awarded to a single supplier on a Platts MID CIF weekly lagged rate, plus excise duty, plus supplier's fixed margin pricing mechanism if a more competitive tendered rate is received for supplying both products combined.