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

II.1.2(c))

Type of service contract

II.1.2)

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

Throughout the borough of Tonbridge and Malling at recycling ‘bring sites' as specified in the project documents.

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)

Tonbridge and Malling Borough Council is seeking expressions of interest for the collection of plastic household waste from a network of recycling ‘bring sites'. Currently receptacles for plastic bottles are provided at recycling ‘bring sites' at 10 locations in towns and parishes across the borough. Tonbridge and Malling Borough council is situated in the heart of Kent and has a proud history of providing high quality services. It has a population of around 110 000 residents.

The key features of the contract are detailed below:

— Collection for recycling of household plastic material from a network of recycling ‘bring sites' (currently 10 in number);

— Options for the provision of receptacles at said sites either by the contractor or the Council;

— Options for retention of income from said material either by the contractor or the Council;

— The contract makes provision for the number of collection sites and/or receptacles to reduce or increase in number and/or to change their location within the borough. In the event of an increase or decrease in the number of sites/banks, the contract price may increase or decrease accordingly. The pricing mechanism for any such changes is outlined within the Contract Specification and the Conditions of Contract. It is not expected that a change in location of sites and/or banks within the borough will lead to a change in contract price.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into 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

A performance bond of ten percent (10%) of the Annual Contract

Sum may be required to be put in place and maintained throughout the term of the Contract by the successful supplier.

III.1.2)

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

Annual Contract sum to be paid to the successful supplier in 12 equal monthly installments in arrears as more fully described in the conditions of contract.

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.

III.1.4)

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

The successful supplier will have in place, for the duration of the Contract to be awarded, public liability and employers liability insurance to a minimum value of 10 000 000 GBP each. It will also have in place an accredited quality system within 12 months of contract commencement. The Conditions of Contract which will apply to the contract contain social and environmental conditions for compliance with the Workforce Matters Code and the Equality Act 2010.

The Conditions of Contract will be included with the Invitation to tender.

III.2)

Conditions for Participation

III.2.1)

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

Any supplier may be disqualified who:

(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has 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 compulsory winding up the 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 judgment which has the force of res judicata 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 contract 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 he is 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 he is 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 organization, 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 May 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.

Information and formalities necessary for evaluating if requirements are met:

Any supplier may be disqualified if they:

(a) Are bankrupt or are being wound up, or whose affairs are being administered by the court, or who has entered into an arrangement with creditors or who is in any analogous situation arising from a similar procedure under national laws and regulations.

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

(c) Has been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d) Are guilty of serious misrepresentation in supplying the information required under the provisions of the Directive or the criteria for qualitative selection.

The supplier is required to fill in a pre-qualification questionnaire (PQQ).

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

As stated in the pre-qualification questionnaire (PQQ) document.

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

DNWA-99RCM2

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

TMBC Cabinet Member for Finance, Chief Executive, Monitoring Officer and Chief Internal Auditor or their representatives. It is envisaged that the tenders will be opened on the same day as the submission deadline (16.10.2013).

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

Tonbridge and Malling Borough Council reserve the right not to award any contract in their absolute discretion and will not be responsible for the costs of any supplier who requested to participate in the procurement process, or who has been invited to submit a tender.

All expressions of interest must be made via the South East Business Portal: www.businessportal.southeastiep.gov.uk

please follow the link above to go to the SEBP homepage. Click on the ‘Opportunities' link on the left hand side and select “Dartford Borough Council” from the ‘choose Council to view' drop down menu. Click on the title hyperlink for the “Tonbridge and Malling Borough Council – Collection of Plastics from Recycling 'Bring Sites' in Tonbridge and Malling Borough” opportunity and either “login and express interest” if you are a member of the SEBP or “register as supplier and express interest” if you are not a member of the SEBP.

The notification that the PQQ is available for download will be sent by email. The email will contain a link which must be followed. The link will require you to login to ProContract. The username and password are the same as the one used for expressing interests in opportunities on the South East Business Portal (SEBP).

The expected deadline for receipt of tenders for those who may be invited to tender is currently 12:00 Wednesday 16.10.2013. This date will be confirmed in the invitation to tender (ITT) which will be sent to those who are selected to tender.

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:

Tonbridge and Malling Borough Council will comply with the requirements of regulations 29A and 32 of the Public Contract Regulations 2006 as amended to include the requirement of the Remedies Directive (2007/66/EC) when notifying economic operators of the procurement outcome.

VI.4.3)

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

VI.5)

Dispatch date of this Notice

ANNEX A

Additional Addresses and Contact Points

I)

Address and contact points from which further information can be obtained

II)

Address and contact points from which specifications and additional documentation may be obtained

III)

Address and contact points to which Tenders/Requests to Participate must be sent