KMCPRP-089 Consultancy Framework for the Provision of Condition Surveys for Kirklees Council

Internet address(es):

Main address: https://www.kirklees.gov.uk

Address of the buyer profile: https://www.yortender.co.uk

KMCPRP-089 Consultancy Framework for the Provision of Condition Surveys for Kirklees Council.

Tenders are invited by the contracting authority from economic operators with relevant experience and ability to demonstrate sufficient capacity for consultancy services relating to the provision of condition surveys. The successful economic operators will undertake condition survey commissions on the range of Sites/Locations/assets which are owned/occupied by the contracting authority; including, but not necessarily limited to the carrying out and/or updating of existing full and partial asset management plan (‘AMP’) condition surveys. For each condition survey, the economic operators shall be expected to submit a completed report, fully updated CAD plan(s) and digital photographs of all pertinent defects and external elevations, labelled to include reference, location and nature of defect.

The district of Kirklees.

Tenders are invited by the contracting authority from economic operators with relevant experience and ability to demonstrate sufficient capacity for consultancy services relating to the provision of condition surveys. The successful economic operators will undertake condition survey commissions on the range of Sites/Locations/assets which are owned/occupied by the contracting authority; including, but not necessarily limited to: (i) the carrying out and/or updating of existing full and partial asset management plan (‘AMP’) condition surveys. For each condition survey, the economic operators shall be expected to submit a completed report, fully updated CAD plan(s) and digital photographs of all pertinent defects and external elevations, labelled to include reference, Location/Site, and nature of defect; (ii) undertaking visual inspections of fabric, mechanical and electrical elemental groups, broken down by sub-element and including work at high level, in tanks rooms, ceiling voids and ducts (where accessible), but excluding extensive dismantling and testing; (iii) to submitting and receiving prior approval of method statements connected with any work required at high level or in confined spaces; (iv) liaising with the contracting authority and its staff, service users, customers, tenants, clients and stakeholders to make arrangements to conduct surveys and carry out inspections required to obtain information to produce accurate condition surveys; (v) follow a systematic approach to:

a) assess the condition and remaining life of each element and sub-element;

b) provide recommendations to prioritise any major repairs, alterations or replacements;

c) subject to Condition 14 of the Articles of Framework Agreement and Conditions of Contract, safeguard the health and safety of all Council staff, service users, customers, tenants, clients and stakeholders;

d) ensure statutory compliance; and

e) allow the asset to remain in an operational condition for its whole life; and

grade the condition of elements and sub-elements using a four (4) part categorisation A-D as follows:

(A) Good — performing as intended/operating efficiently;

(B) Satisfactory — performing as intended by with minor deterioration;

(C) Poor — not performing as intended/operating efficiently or exhibiting major defects; and

(D) Urgent work — life expired / serious risk of failure.

The Framework Agreement will initially run for a period of twenty-four (24) months with the successful economic operators, with the provision to extend the Framework Agreement by up to a maximum of two (2) further twelve (12) month extension periods.

In accordance with: (i) Article 57 to 60 of Directive 2014/24/EU of the European Parliament and of the Council; and (ii) Regulations 57 to 60 of the Public Contracts 2015 (SI 2015/102), which require or permit the contracting authority not to select or to treat as ineligible, economic operators, the contracting authority reserves the right to exclude any economic operator whom they deem to not satisfy any criteria outlined within the scoring matrices contained within the standard selection questionnaire (‘SQ’) within the Suppliers Submission Document (File 2.0), which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above. Contracts awarded under the Framework Agreement will be awarded on the basis of the Commissioning Process and Framework Operation as set out in File 6.0 of this Tender Document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above.

Financial Standing -

See Section 4 of the Selection Questionnaire (‘SQ’) (see Part A of File 2.0 of the Tender Document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above). Economic operators must submit either a copy of the audited accounts for the most recent two (2) years if requested. If it cannot, then it must provide either:

a) a statement of the turnover, Profit and Loss Account/ Income Statement, Balance Sheet/ Statement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation;

b) a statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position; or

c) alternative means of demonstrating financial status if any of the above are not available (e.g. forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank, charity accruals accounts or an alternative means of demonstrating financial status).

Economic operators must also confirm whether or not they are part of a wider group (e.g. a subsidiary of a holding/parent company), and if so must provide confirmation of:

a) the name of the organisation;

b) the relationship to the economic operator completing the SQ; the organisation's company accounts (if available); and confirmation on whether or not this organisation would be willing to provide a guarantee if necessary, and if not would the economic operator be able to obtain a guarantee elsewhere (e.g. from a bank).

Insurance -

See Section 8.1 of the SQ (see Part A of File 2.0 of the Tender Document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above).

Economic operators are asked to self-certify whether they already have, or can commit to obtain, prior to the Commencement Date of the Framework Agreement, the levels of insurance cover indicated below:

a) Employer's (Compulsory) Liability Insurance — ten million Pounds Sterling (10 000 000 GBP) (for any one incident or series of incidents arising out of one event);

b) Public Liability Insurance — ten million Pounds Sterling (10 000 000 GBP) (for any one incident or series of incidents arising out of one event);

c) Professional Indemnity Insurance — five million Pounds Sterling (5 000 000 GBP) (for any one incident or series of incidents arising out of one event).

Financial Standing –

Economic operators will Pass or Fail on the basis of being financially viable for this Framework Arrangement. The rationale applied will be the economic operators being able to demonstrate a minimum yearly turnover which is at least 0.5 times the estimated annual contract value of the Framework Arrangement, which in this case equates to a yearly turnover equal to or greater than two hundred thousand Pounds Sterling (200 000 GBP).

Failure by an economic operator to supply either a copy of the audited accounts for the most recent two (2) years or any one of the document listed in (a) — (c) in Section 4.1 of the SQ may also result in exclusion.

Further, any answers which leads the contracting authority, acting reasonably, to conclude (considering the risk that the relevant answer suggests about the economic operator's ability to properly perform the contract) that it would be inappropriate to select the economic operator on this occasion may result in exclusion.

Insurance -

See 8.1 of the SQ (see Part A of File 2.0 of the Tender Document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above).

Failure to indicate ‘Yes’ to any of the required insurances stated in Section 8.1 will result in exclusion.

Economic operators are asked to provide examples of relevant experience in accordance with the requirements set out within Section 6 of the SQ (see Part A of File 2.0 of the Tender Document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above).

See Section 6 of the SQ (see Part A of File 2.0 of the Tender Document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above).

Pass — The applicant has provided either:

1. at least 1 example of a previous contract that meets the minimum requirements set out in Section 6, and demonstrates to the reasonable satisfaction of the authority that the applicant possesses the relevant general technical expertise and professional experience to be entrusted with the authority's contract;

Or

2. a satisfactory reason as to why the applicant is unable to provide any examples of previous contracts that are relevant to the authority's requirements under this procurement that meets the minimum requirements set out in Question 6.3.

However, applicants are asked to note that:

(i) If you need to use more than 1 example to demonstrate that they possess the relevant general technical expertise and professional experience, you may do so up to a maximum of three (3) examples.

(ii) The authority reserves the right to confirm the accuracy of any information provided in response to Section 6 with any named customer contact(s).

(iii) Any replies from any named customer contact(s) which lead the authority, acting reasonably, to doubt any significant representations made in the applicant's responses to Section 6 may result in exclusion.

Fail — The applicant:

1. has failed to provide any examples of any previous contracts in response to Section 6 and has failed to provide a satisfactory reason as to why they were unable to provide any examples;

Or

2. the examples given in response to Section 6 do not demonstrate to the satisfaction of the authority that the applicant possesses the relevant general technical expertise and professional experience to be entrusted with the authority's contract.

The Council of the Borough of Kirklees, Civic Centre III, Market Street, Huddersfield, HD1 2EY.

At least one (1) representative from Finance Management, Risk Performance and IT and one (1) Corporate Procurement Officer will open and record the electronic (and where applicable, written) quotations received by the appointed time at the same time.

The contracting authority considers that this Framework Agreement may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the Framework Agreement will be awarded to the most economically advantageous tenders on the basis of the Award Criteria specified at Section II.2.5) of this Notice above, and detailed more fully within the Suppliers' Submission Document and Price Schedule (see Parts B and C of File 2.0 and File 4.0) which are available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above. Contracts awarded under the Framework Agreement will be awarded on the basis of the Commissioning Process and Framework Operation as set out in File 6.0 of the Tender Document, which is available to download at: https://www.yortender.co.uk/procontract/supplier.nsf or is available at the address set out in Sections I.1) and I.3) of this Notice above.

In accordance with Regulation 86 (Notices of decisions to award a contract or conclude a framework agreement), Regulation 87 (Standstill periods) and Chapter 6 (Applications to Court) of the Public Contract Regulations 2015 (SI 2015/102), the contracting authority will incorporate a minimum ten (10) calendar day standstill period at the point that information on the conclusion of the Framework Agreement is communicated to economic operators. This period allows any unsuccessful economic operator(s) to seek further debriefing from the contracting authority before the award of the Framework Agreement to the successful economic operators. Such additional information should be requested from the address at Sections I.1 and I.3 of this Notice above. If an appeal regarding the award of the framework agreement has not been successfully resolved, then the Public Contracts Regulations 2015 (SI 2015/102) provide for aggrieved parties who have been harmed or at great 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 started within thirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had arisen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3) months after that date. Where the Framework Agreement has not been awarded, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If however the Framework Agreement has been awarded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the Framework Agreement to be ineffective.