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

London Borough of Enfield

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

London.

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)

1. Background

The Authority is the second largest UK waste disposal authority. The Authority is a statutory authority with its membership consisting of two members from each of the seven north London Boroughs of Barnet, Camden, Enfield, Hackney, Haringey, Islington and Waltham Forest (“the Constituent Boroughs”). The Constituent Boroughs are the waste collection authorities. For the purposes of Lot 2-4, the Authority is the sole contracting authority. For Lot 2 (Planning) The Authority is contracting on behalf of itself and the London Borough of Enfield.

2. Services under this Consultant Services Agreement

The Authority is seeking to contract with experienced consultants in order for them to provide external advice and support in relation to the following workstreams which have been divided into four Lots:

Lot 1: Planning Consultancy Services – Waste Planning;

Lot 2: Technical Consultancy Services – Waste Forecasting and Modelling;

Lot 3: Technical Consultancy Services – Non-thermal Solutions;

Lot 4: Technical Consultancy Services – Thermal Solutions.

Please note that although in section II.1.2 of this contract notice, it is indicated that Service category - 12 (Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services is applicable to this procurement the following Service categories are also applicable:

— Service category 11 (Management consultancy services and related services but not arbitration and conciliation services).

— Service category 16 (Sewage and refuse disposal services; sanitation and similar services).

A more detailed scope of anticipated work under each of the above work streams / Lots is set out in the tender documentation available at the address set out in section I.1.

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

The Authority reserves the right to request deposits, guarantees, performance bonds and other forms of appropriate security, either from the tenderer or another member of the tenderer's corporate group. To the extent any of these are required, the relevant selection and tender requirements relating to these will be stated in the tender documentation, which is available at the address set out in section I.1.

III.1.2)

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

Further details are provided in the tender documentation (as appropriate), which is available at the address set out in section I.1.

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

Where tenderers intend to bid in a consortium, the Authority reserves the right to require that any tenderers, if they are to be awarded the contract, take a particular legal form, or to require a single contractor to take primary liability or to require that each contractor undertakes joint and several liability. The Authority will accept the provision of services through sub-contractors and reserves the right to require a single contractor to take primary liability or to require that each contractor undertakes joint and several liability. Tenderers must provide full details of their proposed consortium and must notify the Authority immediately of any changes to these throughout the procurement. The Authority reserves the right to reject or impose conditions on the change(s) to a consortium if that is reasonably necessary to ensure the performance of the services or to meet the Authority's legal or procurement obligations. Full details of, and / or further, restrictions on changes to consortia are set out in the tender documentation, which is available at the address set out in section I.1.

III.1.4)

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

Further details are provided in the tender documentation, which is available at the address set out in section I.1.

III.2)

Conditions for Participation

III.2.1)

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

The Authority will evaluate all responses to the tender documents in accordance with Articles 45 to 50 of Directive 2004/18/EC and Regulations 23 to 25 of the Public Contracts Regulations 2006.

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

III.3)

Conditions Specific to Service Contracts

III.3.1)

Is provision of the service reserved to a specific profession?

III.3.2)

Will legal entities be required to state the names and professional qualifications of the personnel responsible for the execution of the service?

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

Consultant Services Agreement/2013/UT

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

Conditions for the opening of tenders are set out in the Authority's Standard Orders Sepetember 2010 which is available at the address set out in section I.1.

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

(1) The Authority reserves the right to restrict changes to a consortium's membership in accordance with

requirements provided in the tender documentation.

(2) In accordance with law and the terms set out in the tender documentation, the Authority reserves the right to: change without notice any part of the proposed contract(s) or conditions for each Lot; and the

procedure for awarding the proposed contract(s); to reject all or any tender(s) for the proposed contract(s); and to stop the process or cancel the procurement for the proposed contract(s) or any Lot at any time. The Authority reserves the right not to award a contract at any time without any liability on its part.

(3) The Authority reserves the right to terminate the procurement of the proposed contract(s) in respect

of a particular Lot for any reasons, including but not limited to, if there are: insufficient eligible bids; or an insufficient number of tenderers to ensure sufficient genuine competition.

(4) Nothing in this: contract notice; other tender documentation; contract documents; any other written

communication to the candidates / tenderers from the Authority or its representatives and any oral communication to the candidates / tenderers from the Authority or its representatives; or procurement competition generally shall generate any contractual obligations prior to any signature of any final written contracts (with the exception of the obligation imposed upon tenderers by the requirement set out below in relation to the minimum time frame during which the tenderers must maintain their tenders).

(5) The Authority is a public authority under the Freedom of Information Act 2000 (“Act”) and the Environmental Information Regulations 2004 (“EIR”). As part of its duties under the Act and EIR, the Authority may disclose information to a person making a request unless that information is covered by an exemption or exception under the Act or EIR. The Authority is required to determine whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Candidates / tenderers should state in their submissions whether or not they consider the information supplied should be exempted from disclosure to third parties under the Act or EIR and should provide reasons for such views. These views will be taken into consideration by the Authority when applying the public interest test and deciding whether to disclose information. (Please see the tender documentation for further information.)

(6) Please note that all money figures in this contract notice and other tender documentation and contract documents relate to Great British Pounds (GBP).

(7) To tender, tenderers should submit the required and completed tender documentation (including the Preliminary Questionnaire) by the date and time set out in the invitation to tender.

(8) All dates and time periods specified in this contract notice are the Authority's present best estimates and the Authority reserves the right to change these in accordance with the UK and EU rules governing public procurement.

(9) The Authority is concerned to avoid conflicts of interest. By tendering, tenderers promise that other than as disclosed to the Authority, no actual or potential conflict of interest exists, or will come into existence without prior disclosure to the Authority during the course of the procurement of this contract opportunity. (As such, the Authority reserves the right to disqualify a candidate or tenderer at any point during this procurement process should an actual or potential conflict of interest arise). The Authority will seek to manage conflicts but may need to disqualify a candidate or tenderer and / or supply chain members where there is a potential conflict of interest (subject always to the Authority applying the principles of transparency, equal treatment and non-discrimination). Candidates or tenderers are therefore advised to review carefully the prior or current involvement of the candidate or tenderer (including consortium members, as appropriate) and its supply chain members with:

- any of the candidates that participated in the Waste Services Procurement (OJEU Ref: 2010/S77-115252) (and those parties who have been involved in advising these Waste Services Procurement candidates in relation to the Waste Services Procurement);

- any of the candidates that participated in the Fuel Use Procurement (OJEU Ref: 2010/S77-115252) (and those parties who have been involved in advising these Fuel Use Procurement candidates in relation to the Fuel Use Procurement);

and to contact the Authority prior to submission of any expression of interest / request to participate and / or tender to discuss the potential / actual conflicts that they have identified. Please see the tender documentation for further information and for any relevant question to be answered by candidates / tenderers on conflicts of interest.

(10) All communication between candidates and tenderers, on the one hand, and the Authority, on the other, are confidential and must be via the contact point set out in section I.1. No approach of any kind by any candidate or tenderer in connection with this procurement process may be made in any other manner or to any person within, or associated with, the Authority (including its representatives).

(11) Section IV.3.8 (Conditions for opening tenders) - It is anticipated that tenders will be opened on 30 December 2013 at 1pm at the Authority's address (as stated in section I.1 of this contract notice). Please note that no persons, except the Authority's representatives, are authorised to be present at the opening of the tenders, and tenders will be opened in accordance with the Authority's Standing Orders available on its website at www.nlwa.gov.uk. (Please note that this date and time for the opening of tenders is the Authority's best estimate at the date of publication of this contract notice, and tenderers will be advised via the contact point set out in section I.1 of any change to this date).

(12) All candidates and tenderers are solely responsible for their costs and expenses incurred in connection with the preparation and submission of responses to: the tender documentation (which includes this contract notice, the pre-qualification questionnaire and the invitation to tender) and all future stages of the selection and evaluation process in relation to the procurement. Under no circumstances will the Authority or any of the Constituent Boroughs and any subsidiary company of these entities or any of their advisers, be liable for any costs or expenses borne by candidates and tenderers or any of their supply chain members or advisers in this / these process / processes.

(13) The Authority reserves the right to exclude economic operators in accordance with Regulation 15(11) of Public Contracts Regulations 2006 if the Authority considers the economic operator to: be ineligible to tender on a ground specified in Regulation 23; or have failed to satisfy the minimum standards required of economic operators by the contracting authority in relation to economic or financial standing or technical or professional ability as stated in the pre-qualification questionnaire, which is available at the address set out in section I.1. The tenders of those tenderers not excluded in accordance with the above will be evaluated in accordance with Regulation 30. The Authority envisages appointing one tenderer to each Lot. Please see the tender documentation for further information as to the selection and tender evaluation processes to be undertaken.

(14) In relation to II.2.1, the contract value range incorporates all lots and assumes that the contract will be extended. The value range for each Lot at Annex B also assumes that the contract for each Lot will be extended. The value of each Lot is unlikely to exceed GBP 500,000 if the contract is not extended beyond the intial term of three years (36 months).

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:

The Authority will act in accordance with Regulations 32 and 32A, and Part 9 of the Public Contracts Regulations 2006 (as amended). Part 9 of these Regulations provides for appeals to be made to the High Court subject to the tight time limitations and other required procedural steps. The appeal rules are complex and a dissatisifed candidate / tenderer is advised to take very prompt legal advice.

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

To provide advice and support on planning aspects associated with the development of waste treatment and disposal solutions.

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.

4)

Indication about different contract dates

5)

Additional Information about lots

ANNEX B

Information About Lots

1)

Short Description

To provide advice and support on technical aspects associated with the development of waste forecasts and models for the development of waste treatment and disposal solutions.

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.

4)

Indication about different contract dates

5)

Additional Information about lots

ANNEX B

Information About Lots

1)

Short Description

To provide advice and support on technical aspects associated with the development of non-thermal waste treatment and disposal solutions

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.

4)

Indication about different contract dates

5)

Additional Information about lots

ANNEX B

Information About Lots

1)

Short Description

To provide advice and support on technical aspects associated with the development of thermal waste treatment and disposal solutions

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

A more detailed scope of anticipated work under each of this Lot is set out in the tender documentation available at the address set out in section I.1.

4)

Indication about different contract dates

5)

Additional Information about lots