KMCPRP-086 — Framework Agreement for Asbestos Consultancy Services

Internet address(es):

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

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

KMCPRP-086 — Framework Agreement for Asbestos Consultancy Services.

Tenders are invited by the Council of the Borough of Kirklees (the ‘Council’) from Service Providers with relevant experience and ability to provide Asbestos Consultancy Services (the ‘Services’) under a Framework Agreement. The Council intends to appoint up to six (6) Service Providers under this Framework to perform the Services in connection with Asbestos Containing Materials (‘ACMs’) present within its asset management portfolio (the ‘Portfolio’). The Framework Agreement will allow for the Council and Kirklees Neighbourhood Housing Ltd (‘KNH’) to discharge their duties by providing access to the following Services, including but not limited to:

— Asbestos management and refurbishment and demolition surveys;

— Air monitoring and four stage clearances;

— Bulk sampling and bulk sample analysis;

— Re-inspections;

— Reactive response and call out;

— Training;

— Expert witness;

— Access equipment ( as required to carry out works); and

— Individual staff rates for practitioners etc.

Kirklees.

Tenders are invited by the Council of the Borough of Kirklees (the ‘Council’) from Service Providers with relevant experience and ability to provide Asbestos Consultancy Services (the ‘Services’) under a Framework Agreement. The Council intends to appoint up to six (6) Service Providers under this Framework to perform the Services in connection with Asbestos Containing Materials (‘ACMs’) present within its asset management portfolio (the ‘Portfolio’).

It is anticipated that the Framework Agreement will commence on 1.4.2017 and will expire on 31 March 2019, with the provision for two (2) one (1) year extensions.

The services required are set out within the Tender Documents, available to access at https://www.yortender.co.uk/procontract/supplier.nsf. The Framework Agreement will allow for the Council and Kirklees Neighbourhood Housing Ltd (‘KNH’) to discharge their duties by providing access to the following Services, including but not limited to:

— Asbestos management and refurbishment & demolition surveys;

— Air monitoring and four stage clearances;

— Bulk sampling and bulk sample analysis;

— Re-inspections;

— Reactive response and call out;

— Training;

— Expert witness;

— Access equipment ( as required to carry out works); and

— Individual staff rates for practitioners etc.

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 Tenderer whom they deem to not satisfy any criteria outlined within the scoring matrices contained within the standard selection questionnaire (‘SQ’) within the Service Providers' Submission 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.

Finance -

See Section 4 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf).

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 (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf).

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 10 000 000 GBP (in relation to any one claim or series of claims);

b) Public Liability Insurance 10 000 000 GBP (in relation to any one claim or series of claims);

c) Professional Indemnity Insurance 5 000 000 GBP (in relation to any one claim or series of claims); &

d) Product Liability Insurance 10 000 000 GBP (in relation to any one claim or series of claims).

Finance -

See Section 4 of the Selection Questionnaire (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).

Economic operators will Pass or Fail on the basis of being financially viable for this Framework .The rationale applied will be the economic operators being able to demonstrate a minimum yearly turnover which is at least 1.5 times the estimated annual contract value of the framework, which in this case equates to a yearly turnover equal to or greater than three hundred and seventy five thousand Pounds Sterling (375 000 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 (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).

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

Information and formalities necessary for evaluating if requirements are met:

Relevant experience -

Economic operators are asked to provide examples of relevant experience in accordance with the requirements set out within Section 6 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).

Relevant experience -

See Section 6 of the SQ (available to download at: https://www.yortender.co.uk/procontract/supplier.nsf ).

Pass — The Candidate has provided EITHER:

a) at least one example of a previous contract that meets the minimum requirements set out in Section 6, and demonstrates to the reasonable satisfaction of the contracting authority that the economic operator possesses the relevant general technical expertise and professional experience to be entrusted with the contracting authority's requirements under the framework;

OR

b) a satisfactory reason as to why the economic operator is unable to provide any examples of previous contracts that are relevant to the contracting authority's requirements under the framework, and that meets the minimum requirements set out in Section 6.3 of the SQ.

HOWEVER, economic operators are asked to note that:

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

d) The contracting authority reserves the right to confirm the accuracy of any information provided in response to Section 6 of the SQ with any named customer contact(s). Any replies from any named customer contact(s) which lead the contracting authority, acting reasonably, to doubt any significant representations made in the economic operator's responses to Section 6 may result in exclusion.

Fail — The economic operator:

a) has failed to provide any examples of any previous contracts in response to Section 6 of the SQ;

AND

b) has failed to provide a satisfactory reason as to why they were unable to provide any examples;

OR

c) the examples given in response to Section 6 of the SQ do not demonstrate to the reasonable satisfaction of the contracting authority that the economic operator possesses the relevant general technical expertise and professional experience to be entrusted with the contracting authority's requirements under the framework.

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 lowest price.

The procurement documentation can be found at: https://www.YORtender.co.uk/procontract/supplier.nsf

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 Contracts 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 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 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.