Northern Lighthouse Board
TENDER FOR THE PROVISION OF: DRY DOCKING SERVICES FOR NLV PHAROS
REF: TPHA/DRYD/0638
OJEU REF: 2009/S 239-342269
INTRODUCTION
Introduction8
Following our OJEU Open Procedure contract notice you have requested our invitation to tender (ITT) documents. Please ensure you understand all aspects of this ITT. All information contained within this ITT will be used by the Commissioner of Northern Lighthouses operating as the Northern Lighthouse Board (NLB) for the purposes of this project only. This ITT is non-transferable, if you decide you do not wish to tender please inform Fiona Lynch, Commercial Manager Email: as soon as possible and where possible explain why you have decided not to tender.
Tenderers are advised to answer all questions.
Text marked with an asterisk * indicates a response and/or information that must be returned. While a lack of response may not preclude your company from consideration, NLB will request no further information before the evaluation of tenders. Therefore it is in your interest to ensure that your submission is complete at the time of sending. You may provide additional information, if relevant, with your tender submission.
This tender is subject to the EU Procurement Directive 2004/18/EC Restricted Procedure and our notice 2009/S 239-342269was published by OJEU on 11 December 2009.
No information contained in this ITT, or in any communication made between NLB and any Tenderer in connection with this ITT, shall be relied upon as constituting a contract, agreement or representation that any contract shall be offered in accordance with this ITT. NLB reserves the right, subject to the appropriate procurement regulations, to change without notice the basis of, or the procedures for, the competitive tendering process or to terminate the process at any time. Under no circumstances shall NLB incur any liability in respect of this ITT or any supporting documentation.
Direct or indirect canvassing of any NLB Commissioners, NLB staff, public sector employee or agent by any potential bidder concerning this requirement, or any attempt to procure information from any NLB Commissioner, NLB Staff, public sector employee or agent concerning this ITT may result in the disqualification of the Tenderer from consideration for this requirement.
NLB will not reimburse any costs incurred by Tenderers in connection with preparation and submission of their responses to this ITT.
All information contained within this ITT will be used to inform NLB’s project board/team relating to this project alone.
Tenderers are advised to answer all questions. While a lack of response may not preclude you from consideration, NLB will request no further information before the evaluation of responses and the issuing of the invitations to tender. Therefore it is in your interest to ensure that your submission is complete at the time of sending. You may provide additional information, if relevant, with your tender submission.
Background Information
The Commissioners of Northern Lighthouses – operating as the Northern Lighthouse Board (NLB) and the Corporation of Trinity House (England, Wales, Channel Islands and Gibraltar) together with the Commissioners of Irish Lights (the whole of Ireland - are the General Lighthouse Authorities (GLAs) with responsibility, subject to certain provisions, for the superintendence and management of “all lighthouses, buoys and beacons” throughout their respective geographical areas including “the adjacent seas and islands....” within and beyond territorial waters. In all, the GLAs provide some 1,200 traditional aids complemented by a mix of radio navigation aids for the safety of all mariners engaged in general navigation irrespective of who pays for the service, the size or type of the vessel, her equipment fit, the competence of her crew, or her flag.
Through an agreement with the Government of the Irish Republic the three GLAs provide an integrated network of Aids to Navigation around the British Isles. This discharges both the United Kingdom and Irish Governments’ obligation under the International Maritime Organization’s Safety of Life at Sea Convention.
The costs of the GLA’s services are met from the General Lighthouse Fund (GLF). The income to the GLF comes mostly from light dues which are charged on commercial shipping at United Kingdom and Republic of Ireland ports. There is no provision for Exchequer funding except in the Republic of Ireland and in relation to guarantees under the GLAs’ borrowing powers. The Secretary of State for Transport has a duty to ensure the effective management of the GLF and enable the adequate provision of aids to navigation at the minimum cost.
The Northern Lighthouse Board carries out the functions of the Commissioners of Northern Lighthouses who are constituted in terms of, and are given certain powers and duties by, Part VIII of and Schedules 8 and 9 to the Merchant Shipping Act 1995. The subject matter of that Act is a reserved matter under Section 30 of and Schedule 5 to the Scotland Act 1998 and in terms of Section 29 of the Scotland Act 1998. The Board's affairs will continue to be subject to legislation passed by the United Kingdom Parliament. Ministerial responsibility will remain with the Department for Transport.
Under Section 193 of the Merchant Shipping Act 1995 NLB is the GLA for Scotland and adjacent seas and islands and the Isle of Man, and under Section 195 is vested with the responsibility for the superintendence and management of all lighthouses, buoys and beacons.Our Head Office is at 84 George Street, Edinburgh, EH2 3DA. We have a waterfront operating base in Oban on Scotland’s West Coast and it supports our ships and buoy maintenance work; and provides facilities for helicopters. We have smaller business premises in the Northern Isles.
The efficiency of our Aids to Navigation are measured against international standards set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA). IALA is a non profit, non governmental international technical association. IALA’s aim is to harmonize aids to navigation worldwide and to ensure that the movements of vessels are safe, expeditious, cost effective and harmless to the environment.
Within its area of jurisdiction as a General Lighthouse Authority, NLB has various powers and responsibilities in connection with the provision, maintenance, alteration, inspection and control of lighthouses, buoys and beacons, under Section 197 of the 1995 Act as amended. NLB also has Wreck Removal powers under Section 253 of the Act.
For further information please see our website:
Point of Contact
All enquiries must be addressed, to Fiona Lynch as the single point of contact for this exercise, at the address shown below and must be submitted in writing or by email; these shall all be recorded and email is preferable. Tenderers should be aware that it will be the intention of NLB to circulate in writing, to all interested parties all queries and enquiries received together with our response. The source of the question will not be disclosed. To ensure that all Tenderers have the same information, we will respond to all queries and points of clarification raised by 16:00 hours on Tuesday 12th January2010.
The closing date for receipt of tender is Tuesday 19th January 2010 at 14:00 hours. You should note that NLB may seek amplifying information from Tenderers, or from third parties in amplification of any part of the submission.
Fiona Lynch
Commercial Manager
Northern Lighthouse Board
84 George Street
Edinburgh
EH2 3DA
United Kingdom
Email:
Fax: 0044 131 473 2436
Completed Tenders should be forwarded using the label provided at Annex VII to:
Director of Finance
Northern Lighthouse Board
84 George Street
Edinburgh
EH2 3DA
United Kingdom
NLB have a strict procedure for the control of information and the management of its tender processes. All tender submissions received prior to the tender return deadline with be placed by our Reception Staff within a double locked tender box. The Director of Finance and Commercial Manager each have one key to this box and they or their representatives must both be present to enable opening. This box is only opened after the tender return deadline and the tenders for each project are removed for opening and the box locked. Therefore it is essential that the outer envelope of your tender bears the tender label provided.
Tenders are opened by the Director of Finance and the Commercial Manager (or their appointed representatives) and formally recorded; each page is endorsed and checked for alterations etc. Tenders are then given to the Commercial Section for evaluation.
You must address all aspects of pricing within your tender submission including the method for charging the service, additional services required, recoverable expenses etc. Please ensure that you detail all costs involved with the service provision and any associated costs. NLB will not be liable for any unidentified costs.
Please do not hasten the progress of your tender. All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress.
Submitting a Tender*
All Tenders are submitted entirely at the cost of the Tenderer. NLB will not be responsible for any costs associated with any tender submission or subsequent activities. Please note that all tenders must be submitted in 2hard copies using the label provided, by the closing date. Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered.
Whilst Tenders must be returned in hardcopy using the label provided at Appendix VII, you can also email your Tender submission to if you wish to ensure delivery before the deadline. Please put “Tender Ref:TPHA/DRYD/0638” as the subject of the email. We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent. This email box is only opened following the deadline and the above procedure still applies. Tenders received after the closing date will not be considered.
Please be aware that tenders issued are non-transferrable. Should you choose to not to tender please advice Fiona Lynch as soon as possible and do not pass the documentation to any other party. It is in your interest to ensure that all the information requested is provided in your tender submission; that you return the correct number of copies using the label provided; and that your submission reaches us by the closing date.
Tenderers should include a single point of contact in their organisation for their response to the ITT. NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact. The Tenderer must therefore undertake to notify any changes relating to the contact promptly. Please ensure you provide full contact details including an email address, landline and mobile telephone number.
NLB may request to visit your premises, visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLB’s Project Team. Interviews will be held in NLB Board Room at 84 George Street, Edinburgh, Scotland, United Kingdom and attendance is entirely at your own cost. The final detail of such requests will be identified at the tender evaluation stage, all requests will be made in writing and appropriate conditions for participation may be attached.
Mandatory Standstill Period
The Northern Lighthouse Board will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to Tenderers. This period allows unsuccessful Tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such information should be required from Fiona Lynch, Commercial Manager.
If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2006 No. 5) and the Public Contracts (Scotland) Regulations (SI 2006 No. 1) 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) and the sheriff court, the Court of Session (Scotland). Any such action must be brought promptly (generally within 3 months). Where a contract has not been entered into the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages.
Agreement Nature*
This contract is for Dry Docking facilities for NLV Pharos this will allow annual inspections of safety equipment, lifting gear, repairs & maintenance covering engine room, electrical, accommodation.
Information Required*
Please provide the following information as an attachment to your tender submission and include any relevant additional information:-
- Please use Appendix I as a Pricing Schedule and return a copy of this fully costed per item as part of your tender submission. You may wish to append an additional schedule that details all other costs involved with this contract.
- A detailed list of all sub-contractors (including their roles) to be employed on this contract.
- If you are sub-contracting any major elements of this contract your tender submission must show the sub-contractors willingness to undertake any such elements of the contract. Similarly if you are making a group bid themember of the group must be detailed and the group must be formed into a legal entity with whom NLB can contract.
- A contract programme detailing all the requirements and indicating the time elements for each. This programme should give an overall time indicator for this contract. This must show the estimate time in dry dock, time alongside etc.
- A statement on how you propose to manage this contract including the nomination of a Contract Manager for daily liaison, Health and Safety of our employees within your premises, access for NLB ‘Owners Orders’ Contractors and other NLB personnel etc.
- Full details of the specific dry dock to be used together with the office accommodation requirements for NLB’s Marine Superintendents.
This contract can be terminated by NLB with 30 days written notice.
Payments & Invoicing*
The price of the services shall be as stated in the Contract and no increase will be accepted by the NLB unless agreed in writing before delivery of the services.
Unless otherwise stated in the Contract, payment will be made within 30 days of completion of the contract following receipt and agreement of invoices which are to be submitted in arrears, for work completed to the satisfaction of NLB.
Value Added Tax, where applicable, shall be shown separately on all invoices as a strictly net extra charge.
Please provide full details of the proposed invoicing options i.e. annually in advance, quarterly or monthly.
Tender Submission Requirements*
Your tender proposals must include: -
- A covering letter
- Form of Tender
- Declaration of Non-Collusion
- Pricing Proposals covering the services and any additional services offered.
- Details of how the contract will be operated and managed.
- Full details of the responsible person(s)/account manager and team members allocated to the contract including CV`s
- Any other applicable information or alternative offers.
- Any further information you deem relevant, any qualification of tender or other supporting details.
- Clear notification of any of the areas of our requirements that cannot be provided.
It is in your interest to ensure that all the information requested is provided within your tender submission. Incomplete tenders may be disqualified.
Termination of Contract
Further to Clause 18 of our Conditions of Contract, failure to meet the required timescales and any changes to the contract costs may result in immediate termination of the contract by NLB.
Contract Period
The contract will commence in February 2010.Estimated timescales for the Dry Dock Services are two full weeks commencing either w/c 15 or 22 February 2010. Please confirm availability of facilities during this period. These dates are approximate and will depend on final contract negotiations etc.
Contract Award Criteria
The award criteria (and weighting) are detailed below: -
- Agreeable contract terms and conditions (10%)
Criteria / Weighting
Agreeable contract terms and conditions / 0.6
Declaration of Non Collusion / 0.2
Form of Tender / 0.2
- Financial/Cost (30%)
Criteria / Weighting
Financial Viability based on Z-score and Dun & Bradstreet Risk of Business Failure / 0.5
Project Cost / 0.5
- Technical & Business Capability (50%)
Criteria / Weighting
References / 0.2
Insurance / 0.1
Programme, Including Ships downtime / 0.4
Information on Dry Dock Facilities / 0.2
Information on sub contractors / 0.1
- Good Standing 10%
Criteria / Weighting
Statement of Good Standing / 0.3
Health & Safety / 0.2
Quality Assurance/ Quality plan details if not accredited / 0.2
Environmental Issues / 0.1
Disputes / 0.1
Equality / 0.1
Timetable
Set out below is the proposed procurement timetable. This is intended as a guide and, whilst the NLB does not intend to depart from the timetable, it reserves the right to do so at any time.
Issue of Invitation to Tender / Tuesday 8th December 2009Tender return deadline / Tuesday 19th January 2010
Mandatory standstill period / There will be a 10 working day mandatory standstill period between the notification of our intent and effecting any agreement.
Tender award / 8 February 2010
Contract commences / February 2010
Contract Pricing
This contract will have fixed costs for each item. The price will remain fixed for a minimum period of 90 days from the return of tender.