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Provision of Next Generation Broadband infrastructure and services to Fair Isle.

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Fair Isle Broadband Company Limited
SC521520
Upper Stoneybrake, Fair Isle
Shetland
ZE2 9JU
United Kingdom
Telephone: +44 1595760382
E-mail:
NUTS code: UKM66

Internet address(es):

Main address: http://www.fairisle.org.uk

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA27723

I.2)Joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://www.publiccontractsscotland.gov.uk/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://www.publiccontractsscotland.gov.uk/
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: http://www.publiccontractsscotland.gov.uk/
I.4)Type of the contracting authority
Other type: company limited by guarantee established under the Companies Act 2006 and bound by Public Contracts (Scotland) Regulations 2015 and the State Aid requirements contained in SA. 40720 (2016/N)
I.5)Main activity
Other activity: company limited by guarantee established to provide superfast broadband infrastructure and services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Fair Isle Community Broadband.

Reference number: 9355187
II.1.2)Main CPV code
64200000
II.1.3)Type of contract
Services
II.1.4)Short description:

Provision of Next Generation Broadband infrastructure and services to Fair Isle.

II.1.5)Estimated total value
Value excluding VAT: 260 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
32412100
32400000
32521000
32522000
64200000
72400000
II.2.3)Place of performance
NUTS code: UKM66
Main site or place of performance:

Fair Isle, Scotland.

II.2.4)Description of the procurement:

Fair Isle Broadband Company Ltd, a Company limited by Guarantee established under the Companies Act 2006, working in partnership with Community Broadband Scotland (CBS), a Scottish Government initiative led by Highlands and Islands Enterprise wishes to identify a supplier who can provide a Next Generation Access (NGA) State Aid compliant (SA. 40720 (2016/N)) infrastructure that will enable access to NGA services at greater than 30 Mbps to all premises in the project area (subject to any technical and funding constraints). The successful bidder will contract with the Fair Isle Broadband Company Ltd.

This contract will not be divided into lots as this would make the execution of the contract excessively technically difficult.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 260 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 90
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 5
Objective criteria for choosing the limited number of candidates:

This Procurement will be conducted through the use of the Competitive Procedure with Negotiation.

The process we will apply will be:

Statements including the specific requirements can be found within Section III.1.1, III.1.2 and III.1.3 of the Contract Notice.

Bidders must pass the minimum standards sections of the ESPD and Part III (Exclusion Grounds). Section B of Part IV will be scored on a pass/fail basis. Section C of Part IV of the ESPD will be scored in the following way:

0 - Unacceptable. Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion. No Documented Quality, Safety and Environmental processes.

1 - Poor. Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/ limited detail or explanation to demonstrate previous relevant experience/ capacity/capability.

2 - Acceptable. Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/ capacity/ adaptability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature. Documented Quality, Safety and Environmental processes and/or working towards Quality, Safety and Environmental certification.

3 - Good. Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/ capacity/ capability relevant to providing similar services to similar clients.

4 - Excellent. Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients. Quality, Safety and Environmental certification held.

The questions to be addressed at Section B of Part IV and Section C of Part IV of the ESPD are set out at Section III.1.2 and III 1.3 of this Contract Notice and will be weighted the following way:

Financial and Economic Standing Question 4B: Pass/ Fail.

Technical and Professional Ability Question 4C.1.2: 60 %, Question 4C.8.1: 20 % and Question 4C.8.2: 20 %.

For Section C of Part IV of the ESPD the score obtained for each answer will be divided by the maximum possible score (of 4) and multiplied by the relevant weighting to derive the weighted score for each answer. The aggregate of all weighted scores shall deliver a total weighted score out of 100. We will take the 5 highest scoring bidders through and they will be invited to submit an initial tender (subject always to their meeting the minimum requirements set out elsewhere in this Contract Notice).

The 2016 National Broadband Scheme requires Bidders agree to the terms of The BDUK ‘Use of Existing Infrastructure Code of Conduct’ which can be found at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/524806/Use_of_Existing_Infrastructure_Code_of_Conduct.pdf. The Code of Conduct must be completed and returned with the Bidders response to this ESPD.

Bidders are also subject to a separate Non-Disclosure Agreement (NDA) as a condition of access to key information required to participate in the tender process. This key information includes Ordnance Survey Premises data which Bidders cannot access until proof that an Ordnance Survey User License is held or until the One Scotland Mapping Agreement (OSMA) Ordnance Survey End User License is completed.

The Code of Conduct, NDA and OSMA Ordnance Survey End User are associated with this contract notice and must be downloaded from the PCS portal, signed and returned with the Bidders ESPD response. Where Bidders hold their own Ordnance Survey License, a copy must be returned with the ESPD response.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project: Scottish Rural Development Programme 2014 — 2020.
II.2.14)Additional information

Bidders may be excluded if in any of the situations referred to in reg. 58 of Public Contracts (Scotland) Regulations 2015.

Draft ITT documents are provided with the ESPD. Bidders only need to complete the ESPD at this stage.

Bidders must complete the Code of Conduct and NDA.

ESPD Part II Sec D Q2D.1.1 should be completed as far as known.

ESPD Section A of Part IV of the ESPD (Scotland) - N/A.

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
III.1.2)Economic and financial standing
List and brief description of selection criteria:

This section refers to Section B of Part IV of the ESPD (Scotland) and covers questions 4B 1-5 of the ESPD (Scotland):

4B1.1: Bidders will be required to have a minimum general yearly turnover of 260 000 GBP for the last 2 years. As evidence annual accounts may be requested from the bidder.

4B.1.2 - Not Applicable.

4B.1.3 - If the relevant documentation requested in relation to question 4B.1.1 is available electronically, please indicate.

4B.2.1 to 4B.2.3 - Not Applicable.

4B.3: Where turnover information is not available bidders must state the date which they were set up or started trading.

4B.4 - 4B.4.1: Bidders will be required to state the value(s) for the following financial ratio(s), the acceptable range for each financial ratio is stated:

Net Profit ratio: >1 %.

Current ratio: >0.8.

There must be no qualification or contra-indication from any other parts of the accounts.

Details of a minimum 3 year's financial accounts, including both Profit and Loss Statement and Balance Sheet and evidence of valid Insurance Certification prior to any contract award.

New Businesses:

As an alternative for Bidders who started trading less than 3 years prior to the ESPD return date, Bidders must demonstrate adequate financial capacity by the following evidence:

(i) A business plan for a minimum 3 year trading period setting out projected annual average turnover of no less than the threshold stated above;

(ii) A statement of whether or not any full audited accounts are available for any years' trading to date and copies of those accounts; and

(iii) A letter of support for the Bidder's bank setting out the level of financial support available to the business from the bank and for how long that is available.

A bank letter of support should explain the amount and duration of financial support made available to the business and what information, such as a business plan for the period 1.12.2016 - 30.12.2019, was considered by the bank in providing that support available. These are matters of fact not opinion so should be able to be given by any bank on the authority of their customer. It must be understood, however, that the sufficiency or otherwise of the bank letter can only be judged after submission and assessment of all ESPD responses.

This information must be in terms entirely satisfactory to the Purchaser. The Purchaser reserves the right (but is not obliged) to seek additional clarification and/or supporting information or references.

(b) Parent company guarantee/other surety.

The Purchaser reserves the right in its sole discretion to waive these minimum requirements in the case of Bidders who are able to offer the Purchaser adequate substitute surety to the Purchaser's entire satisfaction. By way of example only (but without limitation), adequate substitute surety may be an unqualified guarantee for the performance of the Bidder's entire obligations under the contract to follow on this process by a parent or associated company established in the UK and which parent or associated company does meet the minimum requirements set out in these criteria.

Purchaser may seek clarification or further evidence of the information provided or referred to by the Bidder in the ESPD at any time if required.

4B.5 to 4B.5.3: It is a requirement of this contract that bidders hold, or can commit to obtain prior to the commencement of any subsequently awarded contract, the types and levels of insurance indicated below:

Employer's (Compulsory) Liability Insurance = 5 000 000 GBP per occurrence.

http://www.hse.gov.uk/pubns/hse40.pdf

Public Liability Insurance = 10 000 000 GBP per occurrence.

Professional Indemnity Insurance = 5 000 000 GBP per occurrence.

Product liability cover = 5 000 000 GBP per occurrence.

4B.6 to 4B.6.1 - Not Applicable.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

This section refers to Section C, D and E of Part IV of the ESPD (Scotland):

Section C: Technical and Professional Ability.

4C.1 to 4C.1.1 - Not applicable.

4C.1.2: Bidders will be required to provide 3 examples that demonstrate that they have the relevant experience to deliver the services/supplies as described in part II.2.4 of the OJEU Contract Notice. Bidders should provide details relating to their experience of delivering broadband networks delivering NGA access speeds and capabilities in areas of similar geography to this project.

Bidders' case studies should contain the following information:

(i) Project name and geographical location;

(ii) Project value, when started and finished or planned finish (delivery must have been within the last 36 months);

(iii) Prime and/or sub-contractors or consortium members involved, including their role. Please indicate any major partners / sub-contractor roles of >10 % of project capital expenditure and whether they will be part of your proposed supply chain for this procurement (if known);

(iv) Number of staff (full time equivalent) by key operational process;

(v) Brief description of the underlying technologies deployed;

(vi) Brief description of Access solutions delivered at the required speeds (> 30Mbps);

(vii) Brief description of Wholesale services provided;

(viii) Planned property numbers that will have / have access to the infrastructure and the most recent take up figure;

(ix) Details of supporting services provided such as Networks Operations Centre, Field Support Services, billing, etc. and;

(x) Details of any community involvement in the build or operation of the infrastructure/ services.

Where Bidders cannot provide case studies relevant to the requirements, a capability statement in support of the services/supplies as described in part II.2.4 of the OJEU Contract Notice should be provided.

4C.2 - Not applicable.

4C.3 and 4C.4 - Not applicable.

4C.5: Bidders will be required to confirm that they will allow checks to be conducted on their production and technical capacities and where necessary on the means of study and research facilities available to it and on the quality control measures employed.

4C6 to 4C.7 - Not applicable.

4C.8.1: Bidders will be required to provide details of the average annual manpower for the last 3 years.

4C.8.2: Bidders will be required to provide details of the number of managerial staff for the last 3 years.

4C.9 - Not applicable.

4C.10: Bidders will be required to confirm whether they intend to subcontract and, if so, for what proportion of the contract (if known).

4C.11 to 4C.12.2 - Not applicable.

Section D: Quality Assurance Schemes and Environmental Management Standards.

4D.1 Bidders are required to confirm that as a minimum standard they hold Quality Management BS EN ISO 9001 and Occupational Health and Safety Management OHSAS 18001 (or equivalents).

4D1.1 If Bidders do not hold BS EN ISO 9001 and/or OHSAS 18001(or equivalents) they should indicate if they are working towards such certification and the expected award date and/or confirm that they have a documented policy regarding quality management and health and safety management systems, processes and procedures.

4D.2 - Environmental Management: Bidders are required to confirm that as a minimum standard they hold BS EN ISO 14001 or a valid EMAS Certificate (or equivalents).

4D.2.1 - If Bidders do not hold BS EN ISO 14001 (or equivalents) they should indicate if they are working towards such certification and the expected award date and/or confirm that they have a documented policy regarding environmental management systems, processes and procedures.

As evidence for the ESPD (Scotland) questions 4D.1 and 4D.2, the Purchaser may ask for certificates or policy documents from the bidder.

Section E: Global Question for all Selection Criteria.

4 - Not applicable.

Part V - Questions 5.1 to 5.3 - Required.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

Contained within the Tender documents.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Competitive procedure with negotiation
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 17/03/2017
Local time: 17:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 03/04/2017
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:

Details of the European Commission approved UK 2016 National Broadband Scheme and associated guidance can be found here: https://www.gov.uk/government/publications/state-aid-advice

To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA27723

The Contracting Authority does not intend to include a sub-contract clause in this contract.

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.

All queries about this procurement must be made via the PCS messaging system.

The tender award criteria questions and weightings will be published in the Invitation to Tender. While it is intended that initial tenders will form the basis of subsequent negotiations, we reserve the possibility of awarding the contract on the basis of initial tenders without negotiation, which will be evaluated in accordance with the award criteria and scoring mechanism.

Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=482601.

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.

(SC Ref:482601).

VI.4)Procedures for review
VI.4.1)Review body
Highlands and Islands Enterprise
An Lòchran, 10 Inverness Campus
Inverness
IV2 5NA
United Kingdom
Telephone: +44 1463245245

Internet address:http://www.hie.co.uk

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
13/02/2017