burnley.co.uk€¦ · web viewthis pqq sets out the information which is required by the council...

CONTENTS

Section 1: Introduction........................................................................................................................... 1

1.1 The Opportunity and Requirement.........................................................................................2

1.2 Timetable................................................................................................................................ 5

1.3 Council Named Contact Point.................................................................................................5

1.4 Instructions for Completion.....................................................................................................6

1.5 Queries about the procurement - Clarification........................................................................7

1.6 Additional Information.............................................................................................................8

1.7 Consortia and sub-contracting................................................................................................8

1.8 Applicant contact point...........................................................................................................9

1.9 Freedom of Information and environmental information.........................................................9

1.10 Submission of Completed Pre-Qualification Questionnaires...............................................10

Final Checklist.................................................................................................................................. 11

Section 2: Selection Methodology........................................................................................................12

Section 3 - Pre-Qualification Questionnaire for Burnley Knowledge Park............................................17

A. Organisation Details.............................................................................................................17

B. Capability.............................................................................................................................. 22

C. Financial & Insurance...........................................................................................................33

D. Disputes............................................................................................................................... 37

E. Environmental Issues...........................................................................................................38

F. Equality................................................................................................................................. 38

G. Health & Safety..................................................................................................................... 39

APPENDIX........................................................................................................................................... 40

Statement Relating To Good Standing.............................................................................................40

PRELIMINARY NOTE

This PQQ refers to Potential Providers, Applicants and Bidders. For the purpose of this document the following definitions apply;

Potential Provider: any developer/consortium who expresses an interest in participating in the procurement process

Applicants: those developers/consortia who do submit a PQQ

Bidders: pre-qualified Applicants who are invited to negotiate

SECTION 1: INTRODUCTION

This Pre-Qualification Questionnaire (“PQQ”) has been issued by Burnley Borough Council (“the Council”) in connection with a competitive procurement conducted in accordance with the Negotiated Procedure under the Public Contracts Regulations 2006.

This PQQ sets out the information which is required by the Council in order to assess the suitability of Applicants in terms of their technical knowledge and experience, capability/capacity, organisational and financial standing to meet the requirements of the Council. During the PQQ stage, the intention is to arrive at a shortlist of a maximum of four (4) highest scoring qualified Applicants who will be invited to participate in negotiations with the Council against the Requirement as advertised in OJEU Notice (INSERT NUMBER).

No information contained in this PQQ, or in any communication made between the Council and any Potential Provider in connection with this PQQ, shall be relied upon as constituting a contract, agreement or representation that any contract shall be offered in accordance with this PQQ. The Council reserves the right, subject to the appropriate procurement regulations, to change without notice the basis of, or the procedures for, this tendering process or to terminate the process at any time. Under no circumstances shall the Council incur any liability in respect of this PQQ or any supporting documentation.

Direct or indirect canvassing of any Members, Officers, public sector employee or agent by any Potential Provider concerning this requirement, or any attempt to procure information from any Members, Officers, public sector employee or agent concerning this PQQ may result in the disqualification of the Potential Provider from consideration for this requirement.

The object of the qualification process is to assess the responses to the PQQ and select Applicants to proceed to the next stage of the procurement process – the negotiation phase.

In assessing the answers to the following questions, the Council will be seeking evidence of the Applicant’s suitability to perform the requirements of the Council in terms of economic and financial standing, technical and professional ability. Qualification criteria will be a combination of both financial and non-financial factors

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and will be in accordance with Regulations 23 to 26 of the Public Contracts Regulations 2006.

The Council will not, in any circumstances, be liable for or reimburse any costs incurred by Potential Providers/Applicants in connection with preparation and submission of their responses to this PQQ. However the Council will reimburse a maximum sum of £5,000 to Bidders in the circumstances more fully described in the Descriptive Document.

1.1 THE OPPORTUNITY AND REQUIREMENT

The Council has assembled and owns the site which it wishes to see developed out and managed as the Burnley Knowledge Park.

The Knowledge Park is immediately adjoining the recent £84 million Burnley Education Campus, home to Burnley College and the University of Central Lancashire (UCLan). The campus with its academic institutions and its students provides an excellent unique selling point for the Knowledge Park, not only for its initial development but also for its ongoing business activities.

The Knowledge Park is a highest level economic regeneration priority for the Council. The Council’s visions, aims and objectives for the site are set out in the Descriptive Document, which should be read alongside this PQQ.

Development Guidance

The Council is seeking to promote a high quality commercial development at the Burnley Knowledge Park, which has outline planning permission for up to 12,000 sq.m (130,000 sq.ft.) of B1 floorspace. This will comprise of a range of offices and workshops, and perhaps include an enterprise centre with incubation suites and managed workspace.

The Council has published a design guide for the development, the Burnley Knowledge Park Design Guide, which will be referred to when assessing developers’ submissions.

Education Campus

An established track record for enterprise support and training is already in place at UCLan through its Northern Lights Programme, producing student and graduate start-up businesses. Through the knowledge transfer service, businesses on the

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Knowledge Park will have the unique opportunity to tap into the skills, research and knowledge being developed on Campus whilst graduates will be able to gain work-based experience on their doorstep.

The Council expects developers to demonstrate how they will maximise linkages with the campus, its academic institutions and students.

Target Businesses

It is anticipated that the quality of the Knowledge Park development, its links to the education campus, and its location will attract companies looking to expand and invest on a prestigious business park. Target businesses will be from the advanced engineering & manufacturing, digital industries, and business services sectors. They will include both new and existing businesses including new start spin off businesses from the education campus.

Location & Setting

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The Knowledge Park is excellently positioned between Burnley town centre and two junctions on the M65 motorway (J10 & J11). It has prominent frontage to Princess Way, a dual carriageway serving Junction 11 within 300 yards, and Junction 10 is 1.5 miles to the west. The M65 motorway leads south to the M66 and onto the M62, Manchester, Leeds and Liverpool. Along the M65 to the west are Blackburn, the M6, Preston, Blackpool and the Lake District.

Burnley Central station is within 400m of the Knowledge Park site and Burnley Manchester Road Station is within 1,000m. Burnley has direct train services to Preston, Blackburn, Bradford and Leeds. A direct rail service to Manchester Victoria and Salford is planned to be operational by 2014.

Nearby land uses include a large Asda store, a retail park and residential property. Much of the public realm between the education campus and the town centre has benefited from a recent £1million improvement programme.

The development site sits alongside the River Calder in an urban setting with attractive landscape views of the Pennine hills. It is within walking distance of the town centre and all its amenities.

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The Requirement

A Development Partner is being sought for the development of the Burnley Knowledge Park. It is currently envisaged that the selected Development Partner will enter into an Agreement to Lease with the Council to cover the delivery of the project, after which they will enter into a 250 year ground lease(s).

The Development Partner will provide funding and undertake a phased development including, but not limited to, of a mix of B1 business units and seek site occupants from the target business sectors; advanced manufacturing & engineering, digital industries and business services. They will also be required to demonstrate how linkages with the Campus, its academic institutions and students will be maximised.

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1.2 TIMETABLE

Set out on the following page is the proposed Development Partner procurement timetable. Please note that the dates in the Development Partner procurement timetable are not definitive, and the Council reserves the right to change any or all of them, at any time, as necessary.

Stage Target Dates 2012 Activity

Pre Qualification

19th March OJEU notice published with PQQ made available to Potential Providers.

tbc Open Day for Potential Providers

30th April PQQ Return Date

Evaluation of PQQs completed

Applicants notified of outcome

Negotiation 6th June Pre Invitation to Negotiate stage meetings with shortlisted Applicants

Issue of Invitation to Participate in Negotiation and to Submit Initial Proposals

28th August Submission of Initial Proposals return date

Evaluation of Bidders’ Initial Submissions and further shortlisting, if appropriate

Issue of Invitation to Continue Negotiation to revised shortlist of Bidders’ followed by further negotiation meetings

Best and final offers

12th November

Invitation to submit Best and Final Offers (BAFO) issued to remaining Bidders

10th December

BAFO Return Date

Evaluation of offers, further negotiation, if necessary and preferred Bidder identified

Applicants and Bidders informed of decision - standstill period observed

Contract Award

21st January 2013

Contract Award

1.3 COUNCIL NAMED CONTACT POINT

The Council’s named contact point for this procurement exercise is:

Chris GayPerformance Manager

Chief Executive’s OfficeBurnley Council | Town Hall | Manchester Road | Burnley | BB11 1JA

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Email: [email protected]: 01282 477163

Please note that all communications regarding this procurement exercise should be initially directed at the contact whose details are set out above. Any attempts to communicate with other Officers or Council employees or agents (including advisors to this project) may be considered to constitute direct or indirect canvassing.

1.4 INSTRUCTIONS FOR COMPLETION

Potential Providers are invited to complete the attached PQQ and to submit it, together with any requested supporting information, to the Council by the due date for return in accordance with the procedures set out in section 1.10 entitled “Submission of Completed Pre-Qualification Questionnaires”.

Potential Providers/Applicants should have regard to the following when completing this PQQ.

Applicants should answer all questions as accurately and concisely as possible in the same order as the questions are presented. Where a question is not relevant to the Applicant’s organisation, this should be indicated, with an explanation.

Questions should be answered in English. Supporting documentation including accounting information should be provided in English or, alternatively, be accompanied by an English translation.

The information supplied will be checked for completeness and compliance with the instructions before responses are evaluated.

Failure to provide the required information, make a satisfactory response to any question, or supply documentation referred to in responses, within the specified timescale, may mean that an Applicant’s completed PQQ is treated as non-compliant and rejected. In the event that none of the responses are deemed satisfactory, the Council reserves the right to terminate the procurement and where appropriate re-advertise the procurement.

Applicants must be explicit and comprehensive in their responses to this PQQ as this will be the single source of information on which responses will be scored and ranked. Applicants are advised neither to make any assumptions about

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mailto:[email protected]

their past or current relationships with the Council nor to assume that such prior business relationships will be taken into account in the evaluation procedure.

Any requested supporting documentation and/or continuation sheets must be clearly marked with the name of the responding organisation and the number of the question to which they refer.

1.5 QUERIES ABOUT THE PROCUREMENT - CLARIFICATION

All requests for clarification or further information in respect of this PQQ should be addressed to the Council’s named contact point. No approach of any kind in connection with this PQQ should be made to any other person within, or associated with, the Council.

This PQQ is being provided on the same basis to all Potential Providers.

The Council will not enter into detailed discussion of the requirements at this stage.

Any questions about the procurement should be submitted in writing by email or letter sent by registered delivery marked for the attention of Chris Gay, contact details for which are given at section 1.3 above. Questions about the procurement should be received no later than 24th April 2012 (4 working days before the PQQ return date), to ensure that the Council can consider a full response before the submission date for the completed PQQ.

If the Council considers any question or request for clarification to be materially relevant, both the question and the response will be communicated, in a suitably anonymous form, to all Potential Providers who have responded, have expressed an interest, or those that show an interest before the closing date for the submission of the PQQ.

Potential Providers are advised to regularly check the online Data Room (details of which are provided in the Descriptive Document) for any updates concerning this procurement, including correspondence relating to materially relevant queries.

All responses received and any communication from Potential Providers will be treated in confidence but will be subject to this paragraph.

Potential Providers Confidentiality

Should Potential Providers wish to avoid such disclosure by the Council (for example, on the basis that the request contains, or the likely response will contain,

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commercially confidential information or may give another Potential Provider a commercial advantage) the request must be clearly marked "In confidence - not to be circulated to other Potential Providers" and the reasons for the request for non-disclosure set out.

If the Council considers that in the interests of open and fair competition it is unable to respond to the question or request for clarification or further information on a confidential basis, it will inform the Potential Provider who has submitted it. The Potential Provider should then, as soon as practicable thereafter, respond in writing requesting that either the query be withdrawn, or treated as not confidential, or resubmit the question in a form so that any disclosure of the question and the Council's response will not breach the Potential Provider’s confidentiality etc. The Council will deem that the question or request for clarification or further information has been withdrawn if the Council is not contacted in writing within three (3) working days following the Potential Provider being so informed.

The Council may, at its absolute discretion, answer or refuse to answer any question, enquiry or clarification sought from Potential Providers, subject always to the principles of equality and non-discrimination.

Subject to the Freedom of Information Act 2000 (FOIA 2000) and the Environmental Information Regulations 2004 (EIR 2004) or the Applicant’s consent, the Council will not disclose any content of an Applicant’s pre-qualification submission or any information forwarded by an Applicant which the latter has reasonably designated as confidential.

Potential Providers should refer to the Descriptive Document for further details relating to confidentiality generally, disclaimer & related matters.

1.6 ADDITIONAL INFORMATION

The Council expressly reserves the right to require an Applicant to provide additional information supplementing or clarifying any of the information provided in response to the requests set out in this PQQ. The Council may seek independent financial and market advice to validate information declared, or to assist in the evaluation.

1.7 CONSORTIA AND SUB-CONTRACTING

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Where a consortium approach is proposed, all information requested should be provided by each consortium member as applicable to its envisaged role in delivering the Requirement (unless otherwise stated in this PQQ). Responses must enable the Council to assess the overall service proposed.

Where the proposed prime contractor is a special purpose vehicle (SPV) or holding company, information should be provided about the extent to which, and the arrangements (including guarantees of performance) through which, the SPV/holding company will call upon the resources and expertise of its members to fulfil the requirements of this project.

Details should also be provided in relation to the proportion of any contract awarded that the Applicant proposes to subcontract.

Applicants are reminded that any future change in relation to consortia and sub-contracting must be notified to the Council so that it can make a further assessment at the relevant time by applying the selection criteria to the new information provided.

Section III.1.3 of the OJEU Contract Notice ought to be considered in this context.

1.8 APPLICANT CONTACT POINT

Applicants are asked to include a single point of contact in their organisation for their response to the PQQ.

The Council will not be responsible for contacting the Applicant through any route other than the nominated contact. The Applicant must therefore undertake to notify any changes relating to the nominated contact promptly, via the Council’s contact.

1.9 FREEDOM OF INFORMATION AND ENVIRONMENTAL INFORMATION

In accordance with the obligations and duties placed upon public authorities by the FOIA 2000 and the EIR 2004, all information submitted to the Council may be disclosed in response to a request made pursuant to the FOIA 2000 or the EIR 2004.

In respect of any information submitted by an Applicant that it considers to be commercially sensitive the Applicant should:

1. clearly identify such information as commercially sensitive;

2. explain the potential implications of disclosure of such information; and

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3. provide an estimate of the period of time during which the Applicant believes that such information will remain commercially sensitive.

Please submit responses to 1, 2 or 3 as an Annex with the completed PQQ.

Where an Applicant identifies information as commercially sensitive, the Council will endeavour to maintain confidentiality where reasonably practicable to do so. Applicants should note, however, that, even where information is identified as commercially sensitive, the Council might be required to disclose such information in accordance with the FOIA 2000 or EIR 2004. Accordingly, the Council cannot guarantee that any information marked ‘commercially sensitive’ will not be disclosed.

1.10 SUBMISSION OF COMPLETED PRE-QUALIFICATION QUESTIONNAIRES

You must submit your completed PQQ, together with all supporting documentation including a signed copy of the Statement Relating to Good Standing (set out in the Appendix), via the Council’s contact no later than 2.30pm on Monday 30th April 2012. Completed PQQs may be submitted at any time before the closing date.

You must submit five (5) hard copies and one (1) on CD of the completed PQQ, together with all supporting documentation including a single signed copy of the Statement Relating to Good Standing, in a plain envelope with the following reference included in the bottom left corner “Completed PQQ for Burnley Knowledge Park Development – (30th April 2012)” and returned to the Council at the address set out below:

Head of the Chief Executive’s OfficeBurnley Borough CouncilTown HallManchester RoadBB11 1JA

The Council does not accept responsibility for the premature opening or mishandling of envelopes that are not submitted in accordance with these instructions.

PLEASE NOTE THAT COMPLETED PQQS RECEIVED AFTER THE CLOSING DATE MAY BE REJECTED

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FINAL CHECKLIST

Before returning this application form, please make sure:

All questions and sections are completed, and that all word limits have been respected

All enclosed documentation is cross-referenced to the appropriate PQQ question and marked with the name of the Applicant, and

The Statement Relating to Good Standing (in Appendix) is signed by relevant persons.

An electronic copy on CD of your completed questionnaire plus five (5) hard copies of your completed questionnaire should be returned by no later than, 2.30pm on Monday 30th April 2012 in accordance with the instructions set out in section 1.10 above.

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SECTION 2: SELECTION METHODOLOGY

The Council may disqualify any Applicant who fails to:

1. Comply with the requirements of Regulation 23 and/or fails to provide the required Statement of Good Standing

2. Provide a satisfactory response to any questions in the PQQ or inadequately or incorrectly completes any question

3. Submit its completed PQQ before the deadline

The Statement of Good Standing must be provided in the form set out in the Appendix and Applicants must not make any amendments to that form. If any of the discretionary grounds for rejection apply, the appropriate “No” box should be selected, and any such response must be accompanied by full details of the relevant incident and any remedial action taken subsequently. This accompanying information will be taken into account by the Council in considering whether or not the relevant Applicant will be able to proceed any further in respect of this procurement. Any other amendments to the Statement will result in the disqualification of the Applicant.

Applicants who are not disqualified in accordance with the above grounds shall be evaluated on the qualification criteria which take into account the economic and financial standing and the technical or professional ability of the Applicant and are in accordance with Regulations 23-26 of the Public Contracts Regulations 2006. A shortlist of Applicants will be drawn up and up to four (4) of the highest scoring Applicants will be invited to participate further in the procurement process.

The Council reserves the right to require Applicants to clarify their submissions or to submit supplementary information and to take such clarifications or supplementary information into account. The Council may seek independent financial and market advice to validate information declared or to assist in the evaluation. Reference site visits or demonstrations and/or presentations are unlikely to be requested at this stage but the Council reserves the right to request the same as a part of the PQQ process.

Where an Applicant has a valid reason for being unable to provide the information requested in relation to economic, financial and insurance matters, the other information considered appropriate by the Council will be accepted.

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The objective of the selection process is to assess the responses to the PQQ and select Applicants to proceed to the next stage of the negotiated procedure process.

The Council reserves the right to ask further questions relating to the suitability of your organisation and to obtain references before deciding who to invite to participate further in the procurement process.

Applicants are required to inform the Council immediately if any of the information supplied in their response changes in the ensuing evaluation period, or at any stage thereafter (subject to the Applicant remaining within the procurement process at the relevant time), which the Council may evaluate or re-evaluate as appropriate in accordance with this selection methodology. In the event that an Applicant alters its composition or legal character after being invited to participate further, the Council may require that Bidder to make a further PQQ submission for re-evaluation as a condition of its further participation in the procurement process. The Council reserves the right to withdraw the selection of any Applicant where information provided is discovered to be inaccurate in any way that the Council considers to be material, any of the circumstances referred to in Regulation 23 of the Public Contracts Regulations 2006 apply to the Applicant or any other changes occur that would have caused the Applicant not to be selected if known prior to the date of selection.

Selection criteria are a combination of both financial and non-financial factors and will consider:

Applicant’s Acceptability - status of the Applicant in relation to Regulation 23 of the Public Contracts Regulations 2006.

Economic and Financial Standing – Applicants must be in a sound financial position to participate in a procurement of this size. This may entail independent financial checks.

Track Record – Applicants must be able to demonstrate a successful track record of providing similar projects to those described in the OJEU Notice (INSERT NUMBER), and of obtaining and applying for funding for such projects.

Capacity and Capability - Assessment of the totality of resources and core competences available to the Applicant.

Environmental, Equality and Health and Safety Track Record – Applicants must be able to demonstrate that they comply with the applicable legal requirements.

The scoring methodology will use the following guidelines:

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Percentage of available score

Description of Information Received

0 -9% No comments or information provided; meets none of the Council’s basic expectations.

10-29% Unsatisfactory submission; meets few of the Council’s basic expectations; significant omissions from the submission.

30-49% Poor submission with identifiable shortcomings – shows areas of weakness and/ or limited information has been provided; only partially meets the Council’s basic expectations.

50-69% Adequate/ satisfactory submission; meets the Council’s basic expectations without offering any great advantages.

70-89% Good submission – potential to fully accord with the Council’s requirements and/ or wholly meets expectations at this stage.

90-100% Excellent submission – potential to meet the Council’s requirements in all respects; and/ or exceeds expectations at this stage.

For questions B5(x) and C3, the total score available will be awarded to Applicants that submit the relevant information and indicate that the relevant references will be provided on request.

In scoring consortium responses to any question, the responses of all consortium members as a whole will be considered, taking into account the envisaged role of each member in the consortium.

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The evaluation criteria and associated weightings for the PQQ stage are as follows:

SCORING

SECTION QUESTIONTOTAL SCORE

AVAILABLE

OVERALL WEIGHTING

FOR SECTIONSCORE

AWARDED

A – Organisation Details 0 0%

A1 For information

A2 For information

A3 For information

A4 For information

A5 For information

A6 For information

A7 For information

A8 For information

B – Capability 43 43%

B1 For information

B2 For information

B3 2

B4 1

B5 (i) 5

B5 (ii) 3

B5 (iii) 5

B5 (iv) 3

B5 (v) 5

B5 (vi) 3

B5 (vii) 4

B5 (viii) 2

B5 (ix) 4

B5 (x) 1

B6 4

B7 1

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SCORING cont’d

SECTION QUESTIONTOTAL SCORE

AVAILABLE

OVERALL WEIGHTING

FOR SECTIONSCORE

AWARDED

C – Financial & Insurance 37 37%

C1 (i) 5

C1 (ii) 5

C1 (iii) 5

C1 (iv) 6

C1 (v) 5

C1 (vi) 6

C2 1

C3 1

C4 (i) 1

C4(ii) 2

D – Disputes 4 4%

D1 4

E – Environmental Issues 4 4%

E1 (i) 2

E1 (ii) 2

F – Equality 2 2%

F1 (i) 0.5

F1 (ii) 0.5

F1 (iii) 0.5

F1 (iv) 0.5

G – Health & Safety 10 10%

G1 (i) 2

G1 (ii) 2

G1 (iii) 2

G1 (iv) 2

G1 (v) 2

Total Marks Overall 100 100%

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SECTION 3 - PRE-QUALIFICATION QUESTIONNAIRE FOR BURNLEY KNOWLEDGE PARK

A. ORGANISATION DETAILS

In the case of consortia, the following information should be provided by each consortium member.

A1 Full legal name, address and website of the Applicant/consortium member:

Company Name Click here to enter text.

Address Click here to enter text.

Town/City Click here to enter text.

Postcode Click here to enter text.

Country Click here to enter text.

Website (if any) Click here to enter text.

A2 Name, position, telephone number and e-mail address of main contact for this project (For consortia, the same single main contact should be provided by all consortium members).

Name Click here to enter text.

Position Click here to enter text.

Telephone Number Click here to enter text.

Fax Number (if available) Click here to enter text.

E-mail (if available) Click here to enter text.

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A3 Current legal status of the Applicant/consortium member (e.g. partnership, private limited company, etc.):

Legal Status: Choose an item.

If other, please state Click here to enter text.

A4 Date and place of formation of the Applicant/consortium member and, if applicable, registration under the Companies Act 2006 (or equivalent in another EU member state). Please provide copies of Certificates of Incorporation (where appropriate) and any changes of name, registered office and principal place of business.

Date of formation Click here to enter text.

Place of formation Click here to enter text.

Date of registration Click here to enter text.

Company registration number Click here to enter text.

Certificates enclosed YES:☐ NO:☐Registered Office Click here to enter text.

Principal place of business Click here to enter text.

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A5 Ownership structure

(a) Full legal name and address of Parent Company if applicable:







(b) Full legal name and address of (ultimate) Parent Company if applicable:







(c) If the Applicant/consortium member is a division or subsidiary, what is its relationship with the Parent Company (ownership, directorship, authority, etc)

Relationship Click here to enter text.

(d) Please provide a one-page chart illustrating the ownership structure of the Applicant/consortium member including relations to any parent or other group or holding companies.

Ownership structure enclosed (please tick) ☐

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A6 Please provide a brief history of the Applicant’s/consortium member’s organisation in no more than 400 words, including details of any parent and associated companies and any changes of ownership over the last 5 years including details of significant pending developments, changes in financial structure or ownership, prospective take-over bids, buy-outs and closures, etc which are currently in the public domain.

Brief history of the Applicant’s organisation(No more than 400 words)

Click here to enter text.

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A7 Is the Applicant a consortium joint venture or other arrangement? If so, and if it is applicable, please provide details of the constitution and percentage shareholdings. (Please refer to section 1.7 Consortia and Subcontracting in Section 1 of this PQQ)

Consortium YES: ☐ NO: ☐If yes please complete the table below

Organisation Percentage shareholding

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

A8 VAT registration number

VAT Registration number Click here to enter text.

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B. CAPABILITY

In the case of consortia, each member should respond to questions B1 to B4.

B1 Please provide details of the Applicant’s/consortium member’s principal areas of business activity, main products and services

Brief description of the primary business and main products and services.


B2 Please provide details of staff numbers. Please provide details of the average annual numbers of both staff and managerial staff over the previous three (3) years.

Staff numbers (excl. managerial staff) Click here to enter text.

Managerial Staff Click here to enter text.

B3 Apprenticeship programmes

Do you have a company apprenticeship programme? YES: ☐NO: ☐

If so, please give details:


B4 All Applicants should answer question B4. Where an Applicant at this stage of the process intends to subcontract they should also answer questions B4(ii) and B4(iii) below. Where an Applicant becomes aware of the intention to subcontract at later stages in the procurement they are required to notify the Council of this and provide the information requested below at that time.

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Where an Applicant is a consortium they should also answer questions B4(ii) and B4(iii) below and should indicate which members are proposing to deliver the requirements stipulated.

B4(i) Please tick the box below which applies:

a) Your organisation is bidding to provide the services required itself (if ticked, go to question B5)? ☐

b) Your organisation is bidding in the role of Prime Contractor and intends to use third parties to provide some services?

☐

c) The Applicant is a consortium? ☐

B4(ii) If your answer to B4(i) is (b) or (c) please indicate in the table below (by inserting the relevant company/organisation name) the composition of the supply chain, indicating which member of the supply chain/consortium (which may include the Applicant itself or solely be the Applicant) will be responsible for the elements of the Requirement. Please further sub-divide the table if necessary to reflect your proposed arrangements. Percentages are for illustrative purposes only and should be estimated based on the Applicant’s initial impression of the Requirement.

ElementCompany / Organisation Name and Address

How much of the Requirement and what will they directly deliver (%)

Example: Managed Workspace Operator

(Business Space, address)

Business Space will undertake the management of the incubation suites and managed workspace once developed.5% of the Requirement

Example: Marketing & Promotion

(Business Promotions, address)

Business Promotions will develop an approach to marketing, and undertake marketing & promotion activities to ensure site occupiers are attracted from the target sectors.5% of the Requirement

Example: Planning Consultants

(Planning Service, address)

Planning Service will undertake all necessary actions to gain planning approval for the proposals.5% of the Requirement







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B4(iii) If your answer to B4(i) is (b) or (c) you will need to demonstrate a satisfactory methodology and track record of delivering a supply chain including (i) evidence of monitoring, evaluating and controlling sub-contractors and/or members of a consortium and (ii) description (and evidence) of how you select subcontractors/consortium members.

Methodology(No more than 300 words)


B5 Case Studies

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Please provide information relating to the Applicant’s experience of undertaking contracts for similar significant private or public sector development works and services by providing no less than two (2) and no more than three (3) case studies to satisfactorily demonstrate evidence of the Applicant’s development of the following:

B5(i) Business Parks

B5(ii) B1 Offices and workspace

B5(iii) Enterprise or incubator centres, managed offices and workspaces.

B5(iv) Brownfield site development

B5(v) Projects involving the education sector and enterprise

B5(vi) Projects in partnership with public sector stakeholders

B5(vii) Successful bids for public sector funding and subsequent project delivery

B5(viii) Business community engagement and consultation

Contracts for the supply of development works and services should have been performed within the past five (5) years. Each description for each case study should be no more than 600 words in length.

Information in case studies should not be given about contracts performed by any envisaged supply chain member or sub-contractor. However, members of a consortium may refer to contracts performed by its members, but not those performed by other sub-contractors etc. that are not part of the consortium.

The contracts should have been for development works and services similar to those outlined in the Requirement.

B5(ix) Finance - For each case study, please also provide a short summary statement covering finance (whether external or otherwise) that was raised to permit each of the projects to be successfully completed.

B5(x) References - Applicants should also provide details of companies listed in connection with each case study who would be willing to provide a reference for them and be willing to discuss the Applicant’s performance with the Council. The Council reserves the right to contact any or all of these companies for a reference and may wish to visit their premises.

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Case Study 1

Project title: Click here to enter text. Date contract awarded: Click here to enter text.

Start Date: Click here to enter text.

Location: Click here to enter text. Finish Date: Click here to enter text.

Project description (no more than 600 words):


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Case Study 1 continued

Finance

Value of contract (£): Click here to enter text.

Breakdown of funding: Click here to enter text.

Reference

Customer name: Click here to enter text.

Customer address: Click here to enter text.

Contact name: Click here to enter text.

Contact telephone no. Click here to enter text.

Contact Email address: Click here to enter text.

Date contract awarded: Click here to enter text.

Start date: Click here to enter text.

Finish date: Click here to enter text.

Contract Ref: Click here to enter text.

Brief description of requirements undertaken:


Value of contract: Click here to enter text.

On-going or completed? Click here to enter text.

Names of supply chain members (sub-contractors) and/ or consortium members and their role:


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Case Study 2






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Finance



Reference
















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Case Study 3






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Finance



Reference
















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B6 Please provide a list of the technical team (and technical services) available to carry out this project together with curriculum vitae highlighting key relevant experience and qualifications for the key members of the team of no more than 300 words per person whether or not they are independent of the Applicant.

List of Technical Team plus those individuals identified as key members(CV’s of no more than 300 words each should be set out separately)


B7 Please provide details of the Applicant’s measures for ensuring quality in relation to the development works and services to be provided under the contract.

Quality Assurance

B7(i) Does your organisation hold a recognised Quality Management System certification from an independent body attesting conformity to quality assurance standards based on the relevant European standard or equivalent standard? For example BS/EN/ISO 9000 or equivalent?

If so, please provide a copy of the certificate

YES: ☐NO: ☐

B7(ii) If not, does your organisation have a quality management system?

If so, please attach an outline of the system.

If not, please explain why:


YES: ☐NO: ☐

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C. FINANCIAL & INSURANCE

C1 Please provide the following financial information or an explanation as to why the Applicant cannot provide this information:

a) Copies of the most recent audited accounts for your organisation that cover the last three (3) years of trading or for the period that is available if trading for less than three (3) years.

b) A statement of the organisation’s turnover, Profit & Loss and cash flow position for the most recent full year of trading (or part year if full year not applicable) and an end period balance sheet, where this information is not available in an audited form at (a).

c) Where (b) cannot be provided, a statement of the organisation’s cash flow forecast for the current year and a bank letter outlining the current cash and credit facility position.

d) A separate statement of the Applicant’s turnover that relates directly to development works and services for the past three (3) years similar to those anticipated to be required for this project, or for the period the organisation has been trading (if less than three years).

e) If the Applicant is a subsidiary of a group, (a) to (c) are required for both the subsidiary and the ultimate parent company, and for any other parent company that is proposed to give a guarantee as referred to in C2. Where a consortium is proposed, (a) to (d) are required for each consortium member that it is proposed will either contract directly with the Council or will give a performance guarantee to the Council.

Responses to this question will be scored on the following elements:

C1(i) Turnover

C1(ii) Profitability

C1(iii) Liquidity

C1(iv) Gearing

C1(v) Auditors opinion

C1(vi) Financial performance in similar projects

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C2 Parent company and/or other guarantees of performance and financial standing may be required if considered appropriate as well as confirmation of the Applicant’s willingness to arrange for a guarantee or a performance bond.

The Applicant (or each consortium member if the Applicant is a consortium) must indicate in the box below whether a Parent Guarantee will be available if requested.

Where required, Parent Guarantee Available?

YES: ☐ NO: ☐

Identity of proposed Guarantor


C3 Name and address of principal banker of the Applicant (or each consortium member if the Applicant is a consortium).

Bank Name Click here to enter text.




If requested, would you be willing to provide a Banker’s reference? YES: ☐ NO: ☐

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C4 Insurance

C4(i) Please provide evidence of the Applicant’s insurances, indicating the level of insurances normally provided for projects of this nature:

Insurance Provider Amount of cover

Please confirm insurance cover is currently in place or will be prior to entering into contractual documentation

with the CouncilEmployers Liability




Public Liability




Professional Indemnity




Contractor’s All Risks Insurance




C4(ii) Please provide full details of any claims in excess of £10,000 made under the Applicant / each member of the consortium (where relevant) Employers, Public or Professional Indemnity Policy within the last 3 years

Please provide full details of any claims in excess of £10,000 made within the last 3 years


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D. DISPUTES

D1 Is there any material (meaning any claim in excess of £10,000) actual, pending or threatened litigation or other legal proceedings in the last three (3) years connected with similar projects against the Applicant or its parent company (if applicable) or other consortium members (if applicable)?

(a) Legal proceedings pending:

Legal proceedings pending YES:☐ NO: ☐

(b) If you have answered ‘Yes’ to question D1(a) please give an explanatory statement:

Brief statement (up to 300 words)Either insert required details or state ‘None’


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E. ENVIRONMENTAL ISSUES

Environmental Issues

E1(i) Do you operate a documented environmental management system or policy?

If so, please supply a copy.

YES: ☐NO: ☐

E1(ii) Have you or any of your directors, managers or employees been prosecuted, received any cautions or had notice served for breach (or alleged breaches) of any environmental legislation in the UK or elsewhere within the last three (3) years?

If so, please supply details in no more than 300 words below:


YES: ☐NO: ☐

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F. EQUALITY

Equality

F1(i) Is it your policy as an employer to comply with all equality related legislation and to train your staff in equality issues?

YES: ☐NO: ☐

F1(ii) In the last three (3) years has any finding of unlawful discrimination been made against your organisation by any court or employment tribunal?

If so, please provide details below:


YES: ☐NO: ☐

F1(iii) In the last three (3) years has your organisation been the subject of an investigation on the grounds of alleged unlawful discrimination by for example the Equality and Human Rights Commission or equivalent body in another EU member state.

If so, please supply details below:


YES: ☐NO: ☐

F1(iv) Does your organisation have a written Equality Policy?

If so, please supply a copy.

YES: ☐NO: ☐

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G. HEALTH & SAFETY

Health & Safety

G1(i) Does your organisation ensure that it complies at all times with the Health and Safety at Work etc Act 1974 (and equivalent enactments in any other EU member states in which it operates) and all relevant health and safety legislation including training your staff in Health & Safety?

YES: ☐NO: ☐

G1(ii) Does your organisation have a written Health and Safety Policy?

If yes, please supply the Council with a copy.

YES: ☐NO: ☐

G1(iii) Has your organisation, during the last five (5) years, been prosecuted for or been subject to a formal investigation by the Health and Safety Executive or equivalent body in another EU member state in connection with any actual or alleged contravention of the Health and Safety at Work Act 1974 or equivalent enactment in another EU member state?

If yes, please provide details below:


YES: ☐NO: ☐

G1(iv) Does your organisation ensure that your managers and supervisors understand the duties under the Construction (Design and Management) Regulations 2007 when operating in the UK?

YES: ☐NO: ☐

G1(v) Are you a member of the CHAS (Contractors Health and Safety Assessment Scheme) or equivalent?

If yes, please supply details and registration number below:

Registration number: Click here to enter text.

Further detail: Click here to enter text.

YES: ☐NO: ☐

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APPENDIX

Statement Relating To Good Standing

When you have completed the PQQ and all applicable appendices, please read and sign the following Statement Relating to Good Standing.

References in this Statement to “my company” shall, where appropriate, mean a company, a LLP, a partnership and any other body, structure or arrangement through which the Applicant (or, if the Applicant is a consortium, the relevant member of the consortium) carries on it business.

PROJECT TITLE: Burnley Knowledge Park Development

I certify that as far as I know, the information I have supplied is accurate. I accept the conditions and undertakings in the application form. I understand that if I give false information I would not be considered for inclusion on the tender list for this contract.

I declare that my company holds all relevant registrations and has submitted all relevant documents in relation to the payment of tax in accordance with the Income and Corporation Taxes Acts (including in particular Chapter IV of Part XIII of the Income and Corporation Taxes Act 1988) and Regulations made thereunder relating to the company and any sub-contractors performing construction operations in the United Kingdom and will submit any further documents in the event of change to either the company or any sub-contractors' tax status or due to the appointment of any future sub-contractors. This declaration shall in no way invalidate any part of any clause relating to the Construction Industry Scheme form of taxation in any Council contract.

I declare that my company will notify the Council immediately it becomes aware of any actual or potential conflict of interest which may arise between the interests of the Council and my company and that my company will take immediate steps to remove the cause of any such conflict to the complete satisfaction of the Council.

I also understand that it is a criminal offence, punishable by imprisonment, to give or offer any gift or consideration whatsoever as an inducement or reward to any servant of a public body. I also understand that any such action will result in rejection of our application to take part in the tender procedure and empower the Council to cancel any contract currently in force.

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I understand and agree that if we are shortlisted that the Council may contact the organisations detailed at Section B of this Pre Qualification Questionnaire for further information in relation to any of the services provided for those organisations for reference purposes.

I understand and agree to the conditions set out in the Freedom of Information and Environmental Information statement in this Pre Qualification Questionnaire.

I confirm that, to the best of our knowledge, my company is not in breach of the provisions of Regulation 23 of the Public Contracts Regulations 2006 (as amended) and in particular that:

Grounds for mandatory rejection (ineligibility)

My company has not, its directors have not, and other persons (if any) having powers of representation, decision or control of the named organisation (and, where relevant, any member of a proposed consortium) have not, been convicted of any of the following offences:

(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA;

(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption;

(c) the offence of bribery, where the offence relates to active corruption;

(ca) bribery within the meaning of section 1 or 6 of the Bribery Act 2010;

(d) fraud, where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities, within the meaning of—

(i) the offence of cheating the Revenue;

(ii) the offence of conspiracy to defraud;

(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;

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(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;

(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;

(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;

(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969;

(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or

(ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;

(e) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002;

(ea) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;

(eb) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994;

(f) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State.

Discretionary grounds for rejection

I can confirm that my company (and, where relevant, any member of a proposed consortium):

a) being an individual is not bankrupt and has not had a debt relief order, a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made against him and has not made any composition or arrangement with or for the benefit of his creditors and has not made any conveyance or assignment for the benefit of his creditors and does not appear unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland)

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Order 1989, and in Scotland has not granted a trust deed for creditors or become otherwise apparently insolvent, and is not the subject of a petition presented for sequestration of his estate, and is not the subject of any similar procedure under the law of any other state;

Yes: ☐ No: ☐

b) being a partnership constituted under Scots law has not granted a trust deed or become otherwise apparently insolvent, and is not the subject of a petition presented for sequestration of its estate;

Yes: ☐ No: ☐ N/A: ☐

c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has not passed a resolution and is not the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, and has not had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof and is not the subject of similar procedures under the law of any other state;

Yes: ☐ No: ☐

d) has not been convicted of a criminal offence relating to the conduct of his business or profession;

Yes: ☐ No: ☐

e) has not committed an act of grave misconduct in the course of his business or profession;

Yes: ☐ No: ☐

f) has fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the organisation is established;

Yes: ☐ No: ☐

g) has fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;

Yes: ☐ No: ☐

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h) is not guilty of serious misrepresentation in providing any information referred to within regulations 23, 24, 25, 26 or 27 of the Public Contracts Regulations 2006 and has not failed to provide such information in response to a request by a contracting authority;

Yes: ☐ No: ☐

i) in relation to procedures for the award of a public contract, is licensed in the relevant State in which he is established or is a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the works or services to be provided under the contract by a person who is not so licensed or who is not such a member;

Yes: ☐ No: ☐

(j) where required to be so registered, is registered on the professional or trade register of the relevant State as specified in Regulation 23 or Schedule 6 of the Public Contracts Regulations 2006 in which it is established under conditions laid down by that State.

Yes: ☐ No: ☐ N/A:

☐

If you have responded ‘No’ to any of the discretionary grounds for rejection above, please provide full details of the relevant circumstances and any remedial action subsequently taken:


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Your Signature Click here to enter text.

Printed Name Click here to enter text.


Date Click here to enter text.

The statement should be signed by a duly authorised representative in their own name and on behalf of the Applicant and, where the Applicant is a consortium, each member of any consortium

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burnley.co.uk€¦ · web viewthis pqq sets out the information which is required by the council...

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