Concession notice
Section I: Contracting
authority/entity
I.1) Name and addresses
West Midlands Combined Authority
16 Summer Lane
Birmingham
B19 3SD
UK
Contact person: Rachael Morgan
Telephone: +44 3453036760
E-mail: rachael.morgan@wmca.org.uk
NUTS: UK
Internet address(es)
Main address: www.wmca.org.uk
Address of the buyer profile: https://wmca.bravosolution.co.uk/web/login.html
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://wmca.bravosolution.co.uk/web/login.html
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://wmca.bravosolution.co.uk/web/login.html
Tenders or requests to participate must be sent to the abovementioned address
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
eScooter Trials within the West Midlands
Reference number: 02578-2020
II.1.2) Main CPV code
60000000
II.1.3) Type of contract
Services
II.1.4) Short description
West Midland Combined Authority (WMCA) and Transport for West Midlands (TfWM) are pleased to invite bidders to take part in an exciting opportunity to run an eScooter Trial within the West Midlands (Trial).
In a wider initiative to promote walking and cycling as part of a green and healthy recovery from Covid-19 the Secretary of State for Transport announced the acceleration of eScooter trials planned for 2021.
This Trial represents an opportunity to understand the potential role of electric scooters in the mobility ecosystem of the West Midlands. The Department for Transport (DfT) issued further guidance for undertaking eScooter trials on the 8 June 2020 and this guidance and any subsequent national guidance and/or legislation will also directly inform the design, implementation and operation of the Trial.
Please see below link to DfT legislation and eScooter guidance:
https://www.gov.uk/government/publications/e-scooter-trials-guidance-for-local-areas-and-rental-operators/
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.3) Place of performance
NUTS code:
UK
Main site or place of performance:
West Midlands
See Core and Additional Opportunities added within section II.2.4) — description of the procurement.
II.2.4) Description of the procurement
The opportunity is a concession arrangement to operate an eScooter trial in the West Midlands Combined Authority area. The concession arrangement is below the threshold for the Concession Contracts Regulations 2016 (CCR2016) and accordingly the WMCA and TfWM have elected to issue an OJEU notice voluntarily in order to facilitate cross border interest in the Trial. The procurement process will adhere to the relevant principles of the CCR2016 and the procurement timetable and process itself is predicated on an equitable but flexible approach.
The scope of the Trial is comprised of a Core Trial Area and Additional Trial Area. The outcome of this procurement is to appoint one or a maximum of two operators to initiate the Trial in the Core Trial Area. Should the WMCA and TfWM be minded to expand the Trial to the Additional Trial Area the selected operator(s) appointed will be requested to extended operations subject to the appropriate contractual mechanisms being observed.
The Core Trial Area comprises the following three Zones:
• Zone 1: Birmingham (1 trial area in Zone),
• Zone 2: Coventry, Kenilworth and Solihull (two trial areas contained in the Zone),
• Zone 3: Wolverhampton, Walsall and Sandwell (three trial areas contained in the Zone).
Each of the zones has designated trial areas. It is possible that further trial areas may be added to one or more of the zones during the course of the arrangement at the discretion of the WMCA and TfWM.
The additional trial area comprises:
• Dudley,
• Warwick and Leamington,
• West Birmingham extension also linking to Sandwell area,
• Other as yet unspecified areas within the West Midlands Combined Authority constituent or non-constituent authority areas.
To confirm, the number and scope of the possible trial areas within in the Additional Trial Area is at the sole discretion of WMCA/TfWM with relevant input from DfT.
Further details of how roll out and extensions will be undertaken where two operators are appointed will be set out in the procurement documentation.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 12
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
The intention is for trials to run for 12 months, with the trial period beginning in each area as and when eScooters become available to the public. The option for trials to continue beyond this 12-month period will be built into the legal mechanism, but any extension would be subject to local/national government agreement.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
The operator(s) will be responsible for ensuring the safe operation of the Trial and compliance with all relevant legal, regulatory, insurance and licencing requirements.
The operator(s) will be responsible for ensuring adherence with Trial Operational Playbook, which will be agreed before the start of the Trial between the operator(s) and TfWM/relevant local highways authority and act as guidance for day-to-day matters of operation, including parking, areas in which eScooters are allowed to operate, any speed restrictions and any limitation on users.
The Trial Operational Playbook will be formally reviewed during the Trial and be subject to alteration.
The operator(s) will ensure adherence with any safety critical matters as soon as is practicable and within no less than 48 hours, if necessary, temporarily ceasing the relevant aspect of operations whilst arrangements are made.
III.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3) Technical and professional ability
List and brief description of selection criteria:
Prior to commencement of the Trial, an operator(s) and WMCA/TfWM will agree a detailed code of conduct to be included as part of the Trial Operational Playbook. This will ensure the safe and effective management and operation of the Trial. This code of conduct can be varied by agreement throughout the Trial via the governance process in order to reflect learning, user and stakeholder feedback and the monitoring and evaluation.
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
Prior to commencement of the Trial, an operator(s) and WMCA/TfWM will agree a detailed code of conduct to be included as part of the Trial Operational Playbook. This will ensure the safe and effective management and operation of the Trial. This code of conduct can be varied by agreement throughout the Trial via the governance process in order to reflect learning, user and stakeholder feedback and the monitoring and evaluation.
Section IV: Procedure
IV.1) Description
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
29/07/2020
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
No
VI.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3) Additional information
WMCA and TfWM held an initial supplier engagement day on 4th June to set out our approach and timetable (as well as a series of 121s with interested operators). This will was followed by a ‘trial zone development’ day and series of deeper discussions on 18th June. The purpose of these events were to inform the market of the forthcoming opportunity and to understand the market appetite for this emerging requirement. A snap survey was issued companies that took part in the early engagement exercises and responses were received on basic company details, current fleet size and operation ability.
WMCA also conducted a market engagement exercise from 16th-23rd June via their eTendering portal. Suppliers were invited to discuss the draft scope of the procurement and review a draft commercial outline document. The consultation response document requested for Non-evaluated responses to the following questions.
(a) As part of proposed Trial, the operator would be responsible for: ensuring the safe operation of all Trial activity and compliance with all relevant legal, regulatory, insurance and licencing requirements. Would this prevent your engagement in the Trial?
(b) Please specify your willingness to share GDPR compliant data information (e.g. customer information, journey information, vehicle usage etc) with TfWM and the West Midlands Local Authorities.
(c) Would you be able to provide for a range of lease periods from short-term options to longer term options during the period of the Trial? If so, what would you suggest these be?
(d) Please outline your experience in scoping eScooter service design. If required, could a simulation of deployment be created (demonstrating fleet size, utilisation, operating parameters, etc.)?
(e) Please indicate your ability to fully deploy and be operational in preferred areas by the end of August 2020, with sufficient fleet size to attract travellers at scale.
(f) With your understanding of the designated area lots, please rank your order of preference. Please state if all of the Lots are of equal interest. Similarly, please specify if any areas of no interest. Any explanations or comments on specified ranking is valued. Please also provide your thoughts on exclusivity and the issues raised in the commercial outline document.
(g) Please explain the ability of your proposed platform to integrate over an API, to (for example)
— Provide availability information (e.g. estimated waiting time) for a given origin or origin and destination.
— Manage a transaction for booking a journey.
(h) Do/can your proposed vehicles comply with the DfT eScooter specification? If your vehicles don't currently comply, can they be modified to meet the specification and what scale of modification is required?
(I) Please outline how eScooters would be Covid-19 compliant in terms of sanitation and necessary cleaning.
(j) Please outline how you will ensure
— Rider compliance to specified regulations (including validating rider identity).
And
— That riders receive any necessary training.
(k) Is there any other matter you would wish to provide some feedback on to aid our thinking?
VI.4) Procedures for review
VI.4.1) Review body
Royal Courts of Justice
Strand
London
WC2A 2LL
UK
VI.5) Date of dispatch of this notice
06/07/2020