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1 European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: Info & on-line fms: Contract notice (Directive 2004/18/EC) Section I : Contracting authity I.1) Name, addresses and contact point(s): Official name: London Bough of Lewisham Postal address: 5th Flo, Laurence House, 1 Catfd Road National ID: (if known) Town: London Postal code: SE6 4RU Country: United Kingdom (UK) Contact point(s): Telephone: F the attention of: Mike Hurst mike.hurst@lewisham.gov.uk Fax: Internet address(es): (if applicable) General address of the contracting authity/entity: (URL) Address of the buyer profile: (URL) tenders/pages/default.aspx Electronic access to infmation: (URL) Electronic submission of tenders and requests to participate: (URL) Further infmation can be obtained from The above mentioned contact point(s) Other (please complete Annex A.I) Specifications and additional documents (including documents f competitive dialogue and a dynamic purchasing system) can be obtained from The above mentioned contact point(s) Tenders requests to participate must be sent to The above mentioned contact point(s) Other (please complete Annex A.II) Other (please complete Annex A.III) I.2) Type of the contracting authity Ministry any other national federal authity, including their regional local sub-divisions National federal agency/office Regional local authity Regional local agency/office Body governed by public law European institution/agency international ganisation Other: (please specify) I.3) Main activity General public services EN Standard fm 02 - Contract notice 1 / 21

2 Defence Public der and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education Other: (please specify) I.4) Contract award on behalf of other contracting authities The contracting authity is purchasing on behalf of other contracting authities: yes no infmation on those contracting authities can be provided in Annex A EN Standard fm 02 - Contract notice 2 / 21

3 Section II : Object of the contract II.1) Description : II.1.1) Title attributed to the contract by the contracting authity : Risk Assessments & Moniting (Asbestos, Fire Safety, Water Hygiene) II.1.2) Type of contract and location of wks, place of delivery of perfmance : choose one categy only wks, supplies services which cresponds most to the specific object of your contract purchase(s) Wks Supplies Services Purchase Service categy No: 12 Lease Rental Hire purchase A combination of these Execution Design and execution Realisation, by whatever means of wk, cresponding to the requirements specified by the contracting authities Main site location of wks, place of delivery of perfmance : Within the boundaries of the London Bough of Lewisham Please see Annex C1 f service categies NUTS code: II.1.3) Infmation about a public contract, a framewk agreement a dynamic purchasing system (DPS): The notice involves a public contract The notice involves the establishment of a framewk agreement The notice involves the setting up of a dynamic purchasing system (DPS) II.1.4) Infmation on framewk agreement : (if applicable) Framewk agreement with several operats Framewk agreement with a single operat Number : (if applicable) maximum number : of participants to the framewk agreement envisaged Duration of the framewk agreement Duration in years : in months : Justification f a framewk agreement, the duration of which exceeds four years : Estimated total value of purchases f the entire duration of the framewk agreement (if applicable, give figures only) Estimated value excluding VAT : Currency : Range: between : : and : : Currency : Frequency and value of the contracts to be awarded : (if known) II.1.5) Sht description of the contract purchase(s) : EN Standard fm 02 - Contract notice 3 / 21

4 The categies of service required as part of this contract tender are referred to under the following Lots: Lot 1 - Asbestos Re-Inspection and Managed Service Lot 2 - Fire Risk Assessment and Managed Service Lot 3 - Water Hygiene Assessment and Managed Service Bidders have the option of bidding f any all of these Lots. II.1.6) Common procurement vocabulary (CPV) : Main vocabulary Main object Additional object(s) Supplementary vocabulary(if applicable) II.1.7) Infmation about Government Procurement Agreement (GPA) : The contract is covered by the Government Procurement Agreement (GPA) : yes no II.1.8) Lots: (f infmation about lots, use Annex B as many times as there are lots) This contract is divided into lots: yes no (if yes) Tenders may be submitted f one lot only one me lots all lots II.1.9) Infmation about variants: Variants will be accepted : yes no II.2) Quantity scope of the contract : II.2.1) Total quantity scope : (including all lots, renewals and options, if applicable) The contracts will cover circa 131 buildings within the London Bough of Lewisham. The contract will include a management service f the contracts as well as the delivery of risk assessments required f the individual service streams. (if applicable, give figures only) Estimated value excluding VAT : Currency : GBP Range: between : : and : : Currency : II.2.2) Infmation about options : (if applicable) Options : yes no (if yes) Description of these options : This Agreement is f an initial period of 3 years, with the possibility of extensions totalling up to an additional 2 years, at the Council s discretion. (if known) Provisional timetable f recourse to these options : in months : 36 in days : (from the award of the contract) II.2.3) Infmation about renewals : (if applicable) This contract is subject to renewal: yes no Number of possible renewals: (if known) Range: between : and: EN Standard fm 02 - Contract notice 4 / 21

5 (if known) In the case of renewable supplies service contracts, estimated timeframe f subsequent contracts: in months: in days: (from the award of the contract) II.3) Duration of the contract time limit f completion: Duration in months : 36 in days: (from the award of the contract) Starting: _ (dd/mm/yyyy) Completion: _ (dd/mm/yyyy) EN Standard fm 02 - Contract notice 5 / 21

6 Section III : Legal, economic, financial and technical infmation III.1) Conditions relating to the contract: III.1.1) Deposits and guarantees required: (if applicable) A Parent Company Guarantee may be required III.1.2) Main financing conditions and payment arrangements and/ reference to the relevant provisions governing them: Payments may be made following acceptance by the banking agents of the Council. III.1.3) Legal fm to be taken by the group of economic operats to whom the contract is to be awarded: (if applicable) No special legal fm is required by the grouping of providers but each provider will be required to become jointly severally responsible f the contract befe acceptance. III.1.4) Other particular conditions: (if applicable) The perfmance of the contract is subject to particular conditions : yes no (if yes) Description of particular conditions: III.2) Conditions f participation: III.2.1) Personal situation of economic operats, including requirements relating to enrolment on professional trade registers: Infmation and fmalities necessary f evaluating if the requirements are met: (a) is bankrupt is being wound up, where its affairs are being administered by the court, where it has entered into an arrangement with credits, where it has suspended business activities is in any analogous situation arising from a similar procedure under national laws and regulations; (b) is the subject of proceedings f a declaration of bankruptcy, f an der f compulsy winding up administration by the court of an arrangement with credits of any other similar proceedings under national laws and regulations; (c) has been convicted by a judgment which has the fce of res judicata in accdance with the legal provisions of the country of any offence concerning his professional conduct; (d) has been guilty of grave professional misconduct proven by any means which the contracting authities can demonstrate; (e) has not fulfilled obligations relating to the payment of social security contributions in accdance with the legal provisions of the country in which he is established with those of the country of the contracting authity; (f) has not fulfilled obligations relating to the payment of taxes in accdance with the legal provisions of the country in which he is established with those of the country of the contracting authity; (g) is guilty of serious misrepresentation in supplying the infmation required under this Section has not supplied such infmation; (h) has been the subject of a conviction f participation in a criminal ganisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA; (i) has been the subject of a conviction f cruption, as defined in Article 3 of the Council Act of and Article 3(1) of Council Joint Action 98/742/JHA respectively; EN Standard fm 02 - Contract notice 6 / 21

7 (j) has been the subject of a conviction f fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities; (k) has been the subject of a conviction f money laundering, as defined in Article 1 of Council Directive 91/308/ EEC of on prevention of the use of the financial system f the purpose of money laundering. Please refer to Regulation no 23 of the Public Procurement Regulations 2006 (SI No 5) f additional rejection criteria (see III.2.2) Economic and financial ability: Infmation and fmalities necessary f evaluating if Minimum level(s) of standards possibly required: (if the requirements are met: applicable) Economic and financial ability of economic operats will be based on the financial proposal submitted, and from an economic operat's financial strength, financial capacity and financial risk. As part of this analysis, the Council may obtain a current financial assessment from its credit reference agency Dun & Bradstreet ( Economic operats will be assessed, amongst other matters, accding to the level of risk stipulated by D&B. Any Economic Operat being given a higher than average ( wse) risk rating may be disqualified. Full details are in the Invitation To Tender (ITT) document. III.2.3) Technical capacity: Infmation and fmalities necessary f evaluating if Minimum level(s) of standards possibly required: (if the requirements are met: applicable) Technical capacity will be examined from the completed tender and suppting documentation, and checking company track recd and references. Candidates must have in place acceptable management policies and procedures in terms of Health& Safety, Quality Management, Equality & Diversity, and Environment & Sustainability. Full details are in the Invitation To Tender (ITT) document. III.2.4) Infmation about reserved contracts: (if applicable) The contract is restricted to sheltered wkshops The execution of the contract is restricted to the framewk of sheltered employment programmes III.3) Conditions specific to services contracts: III.3.1) Infmation about a particular profession: Execution of the service is reserved to a particular profession: yes no (if yes) Reference to the relevant law, regulation administrative provision : III.3.2) Staff responsible f the execution of the service: Legal persons should indicate the names and professional qualifications of the staff responsible f the execution of the service: yes no EN Standard fm 02 - Contract notice 7 / 21

8 Section IV : Procedure IV.1) Type of procedure: IV.1.1) Type of procedure: Open Restricted Accelerated restricted Justification f the choice of accelerated procedure: Negotiated Accelerated negotiated Some candidates have already been selected (if appropriate under certain types of negotiated procedures) : yes no (if yes, provide names and addresses of economic operats already selected under Section VI.3 Additional infmation) Justification f the choice of accelerated procedure: Competitive dialogue IV.1.2) Limitations on the number of operats who will be invited to tender to participate: (restricted and negotiated procedures, competitive dialogue) Envisaged number of operats: Envisaged minimum number: and (if applicable) maximum number Objective criteria f choosing the limited number of candidates: IV.1.3) Reduction of the number of operats during the negotiation dialogue: (negotiated procedure, competitive dialogue) Recourse to staged procedure to gradually reduce the number of solutions to be discussed tenders to be negotiated : yes no IV.2) Award criteria IV.2.1) Award criteria (please tick the relevant box(es)) Lowest price The most economically advantageous tender in terms of the criteria stated below (the award criteria should be given with their weighting in descending der of imptance where weighting is not possible f demonstrable reasons) the criteria stated in the specifications, in the invitation to tender to negotiate in the descriptive document Criteria Weighting Criteria Weighting 1. Financial detail including price Health and Safety Technical ability Environment and Sustainability 3 3. Quality and Operational Competence Equality and Diversity 2 4. Service Development 6 9. EN Standard fm 02 - Contract notice 8 / 21

9 Criteria Weighting Criteria Weighting 5. Customer Care IV.2.2) Infmation about electronic auction An electronic auction will be used yes no (if yes, if appropriate) Additional infmation about electronic auction: IV.3) Administrative infmation: IV.3.1) File reference number attributed by the contracting authity: (if applicable) Contract IV.3.2) Previous publication(s) concerning the same contract: yes no (if yes) Pri infmation notice Notice on a buyer profile Notice number in the OJEU: of: _ (dd/mm/yyyy) Other previous publications(if applicable) IV.3.3) Conditions f obtaining specifications and additional documents descriptive document: (in the case of a competitive dialogue) Time limit f receipt of requests f documents f accessing documents Date: 25/04/2013 Time: 12:00 Payable documents yes no (if yes, give figures only) Price: Terms and method of payment: Currency: IV.3.4) Time limit f receipt of tenders requests to participate: Date: 02/05/2013 Time: 12:00 IV.3.5) Date of dispatch of invitations to tender to participate to selected candidates: (if known, in the case of restricted and negotiated procedures, and competitive dialogue) Date: _ IV.3.6) Language(s) in which tenders requests to participate may be drawn up: Any EU official language Official EU language(s): EN Other: IV.3.7) Minimum time frame during which the tenderer must maintain the tender: until: : _ EN Standard fm 02 - Contract notice 9 / 21

10 Duration in months : 6 in days : (from the date stated f receipt of tender) IV.3.8) Conditions f opening of tenders: Date : 02/05/2013 (dd/mm/yyyy) Time (if applicable)place: Lewisham Town Hall, Catfd, London SE6 4RU Persons authised to be present at the opening of tenders (if applicable) : yes no (if yes) Additional infmation about authised persons and opening procedure: Delegated representatives of the Chief Executive. EN Standard fm 02 - Contract notice 10 / 21

11 Section VI: Complementary infmation VI.1) Infmation about recurrence: (if applicable) This is a recurrent procurement : yes no (if yes) Estimated timing f further notices to be published: VI.2) Infmation about European Union funds: The contract is related to a project and/ programme financed by European Union funds : yes no (if yes) Estimated timing f further notices to be published: VI.3) Additional infmation: (if applicable) The relevant legislation that each service must be compliant with is as follows: Asbestos Inspections Compliance with the Control of Asbestos Regulations Fire Risk Assessments Compliance with the Fire Precautions (Wkplace) Regulations 1997, As Amended 1999, combined with the Regulaty Refm (Fire Safety) Order Water Hygiene Compliance with the Approved Code of Practice (the ACOP and guidance Legionnaires Disease: The control of Legionella bacteria in water systems (L8) HSE). The Contract to be used will be the NEC3 Professional Services Contract, including latest revisions made by the LDED Act of 2009 (enacted 1st October 2010). In addition the Terms and Conditions of the Contract will include the Council s Conditions of Contract. VI.4) Procedures f appeal: VI.4.1) Body responsible f appeal procedures: Official name: Postal address: Town: Postal code: Country: Telephone: Fax: Internet address: (URL) Body responsible f mediation procedures (if applicable) Official name: Postal address: Town: Postal code: Country: Telephone: Fax: Internet address: (URL) VI.4.2) Lodging of appeals: (please fill in heading VI.4.2 if need be, heading VI.4.3) EN Standard fm 02 - Contract notice 11 / 21

12 VI.4.3) Service from which infmation about the lodging of appeals may be obtained: Official name: Postal address: Town: Postal code: Country: Telephone: Fax: Internet address: (URL) VI.5) Date of dispatch of this notice: EN Standard fm 02 - Contract notice 12 / 21

13 Annex A Additional addresses and contact points I) Addresses and contact points from which further infmation can be obtained Official name: National ID: (if known) Postal address: Town: Postal code: Country: Contact point(s): Telephone: F the attention of: Fax: Internet address: (URL) II) Addresses and contact points from which specifications and additional documents can be obtained Official name: National ID: (if known) Postal address: Town: Postal code: Country: Contact point(s): Telephone: F the attention of: Fax: Internet address: (URL) III) Addresses and contact points to which tenders/requests to participate must be sent Official name: National ID: (if known) Postal address: Town: Postal code: Country: Contact point(s): Telephone: F the attention of: Fax: Internet address: (URL) IV) Address of the other contracting authity on behalf of which the contracting authity is purchasing Official name National ID ( if known ): Postal address: Town Postal code Country (Use Annex A Section IV as many times as needed) EN Standard fm 02 - Contract notice 13 / 21

14 Annex B Infmation about lots Title attributed to the contract by the contracting authity Risk Assessments & Moniting (Asbestos, Fire Safety, Water Hygiene) Lot No : 1 Lot title : Lot 1 - Asbestos: Re-Inspection and Managed Service 1) Sht description: The successful bidders will be asked to provide an initial first year risk assessment service to include the following: (a) Conduct annual Asbestos Risk Assessment Surveys (b) Taking samples as part of the risk assessment. The tender return must stipulate the estimated amount/cost of samples allowed f in the bid. (c) Approved labaty testing of samples taken. (d) Asbestos Risk Assessment Survey Repts f each site. (e) Labelling key areas e.g. plant rooms, where asbestos in suspected, where required. (f) A written recd of the location of presumed ACM & its condition, kept up to date. (g) A written recd of where it is presumed ACM does not exist and keep this up to date. (h) An asbestos rept f each site which must include as a minimum: An asbestos risk management plan f each site in the fm of a RAG rept e.g. red, amber, green. Priitisation of the wks in the rept if labelled the same e.g. red. Actions and responsibilities in relation to emergencies. (i) Lewisham have an existing overall written asbestos policy and management plan which needs to be amended if affected by any of the above findings. The successful bidders will then asked to provide an Annual Moniting Inspection contract in place, years 2 to 5. 2) Common procurement vocabulary (CPV): Main vocabulary Main object Additional object(s) Supplementary vocabulary(if applicable) 3) Quantity scope: (if known, give figures only) Estimated cost excluding VAT: Currency: Range: between : and: Currency: 4) Indication about different date f duration of contract starting/completion: (if applicable) Duration in months : in days : (from the award of the contract) Starting: _ (dd/mm/yyyy) Completion: _ (dd/mm/yyyy) EN Standard fm 02 - Contract notice 14 / 21

15 5) Additional infmation about lots: EN Standard fm 02 - Contract notice 15 / 21

16 Annex B Infmation about lots Title attributed to the contract by the contracting authity Risk Assessments & Moniting (Asbestos, Fire Safety, Water Hygiene) Lot No : 2 Lot title : Lot 2 - Fire Safety: Risk Assessment and Managed Service 1) Sht description: The successful bidders will be asked to provide the following fire risk assessment services: (a) Undertake year fire risk assessment surveys at all contracted sites either yearly every 2 years as defined in appendix by appointment revisits. The latter may be required in the event of the following: There is a change of use f the building. There is a significant increase in the occupancy levels. There are changes to the structure a refurbishment of the building involving the removal of partitions and/ the blocking up of doways and/ additions to the building and/ demolitions etc. (b) Provide a program of the planned risk assessments clearly showing the applied resource levels and the overall time frame f the program, indicating key milestones. (c) Attend fmal monthly, as otherwise agreed, progress meetings with the client to update and rept on programme progress and any related issues. (d) Produce Fire Risk Assessment repts f each site containing the following infmation: Assessed fire risk level summary Executive summary Site details Fire action plans/recommendations f each site (clear remedies that must include all recommendations including those that management will have responsibility f thereafter). A rating system f each risk identified using a high, medium and low type categisation. The use of photographs to highlight risks and recommendations within each rept Risk estimation methodology Protocol/Purpose of the fire risk requirements Sample documentation must be provided with the bid showing all the above items. (e) Provide a web-based management system f stage, management, moniting and repting purposes. Lewisham currently uses in-house a software system from Tribal Ltd. (K2), that will ask bidders to consider as a potential vehicle f delivering these services, but they must also have their own Web system available. 2) Common procurement vocabulary (CPV): Main vocabulary Main object Additional object(s) Supplementary vocabulary(if applicable) 3) Quantity scope: (if known, give figures only) Estimated cost excluding VAT: Currency: EN Standard fm 02 - Contract notice 16 / 21

17 Range: between : and: Currency: 4) Indication about different date f duration of contract starting/completion: (if applicable) Duration in months : in days : (from the award of the contract) Starting: _ (dd/mm/yyyy) Completion: _ (dd/mm/yyyy) 5) Additional infmation about lots: EN Standard fm 02 - Contract notice 17 / 21

18 Annex B Infmation about lots Title attributed to the contract by the contracting authity Risk Assessments & Moniting (Asbestos, Fire Safety, Water Hygiene) Lot No : 3 Lot title : Lot 3 - Water Hygiene: Assessment and Managed Service 1) Sht description: The successful bidders will be asked to provide the following water hygiene assessment services: (a) Undertake an inspection of the hygiene conditions of the hot and cold water systems installed at all contracted sites including mains distribution, sted water tanks, califiers and associated outlets, including wash hand basins and showers. As per appendix the inspection of these buildings must be spread over a 2 year period. (b) Provide a program of the planned wks clearly showing the applied resource levels and the overall time frame f the program, indicating key milestones. (c) Attend fmal monthly, as otherwise agreed, progress meetings with the client to update and rept on programme progress and any related issues. (d) Water Hygiene Assessment repts f each site containing the following infmation: Assessed water hygiene risk summary Executive summary Site details Observations and recommendations f each site (clear remedies that must include all recommendations A rating system f each risk identified using a high, medium and low type categisation. The production and use of schematic line diagrams & photographs to highlight risks and recommendations within each rept Risk estimation methodology Technical data and infmation Sample documentation must be provided with the bid showing all the above items. (e) Provide a web-based management system f stage, management, moniting and repting purposes. Lewisham currently uses in-house a software system from Tribal Ltd. (K2), that will ask bidders to consider as a potential vehicle f delivering these services, but they must also have their own Web system available. 2) Common procurement vocabulary (CPV): Main vocabulary Main object Additional object(s) Supplementary vocabulary(if applicable) 3) Quantity scope: (if known, give figures only) Estimated cost excluding VAT: Currency: Range: between : and: Currency: 4) Indication about different date f duration of contract starting/completion: (if applicable) EN Standard fm 02 - Contract notice 18 / 21

19 Duration in months : in days : (from the award of the contract) Starting: _ (dd/mm/yyyy) Completion: _ (dd/mm/yyyy) 5) Additional infmation about lots: EN Standard fm 02 - Contract notice 19 / 21

20 Annex C1 General procurement Service categies referred to in Section II: Object of the contract Directive 2004/18/EC Categy No [1] Categy No [7] Subject 1 Maintenance and repair services 2 Land transpt services [2], including armoured car services, and courier services, except transpt of mail 3 Air transpt services of passengers and freight, except transpt of mail 4 Transpt of mail by land [3] and by air 5 Telecommunications services 6 Financial services: a) Insurances services b)banking and investment services [4] 7 Computer and related services 8 Research and development services [5] 9 Accounting, auditing and bookkeeping services 10 Market research and public opinion polling services 11 Management consulting services [6] and related services 12 Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 13 Advertising services 14 Building-cleaning services and property management services 15 Publishing and printing services on a fee contract basis 16 Sewage and refuse disposal services; sanitation and similar services Subject 17 Hotel and restaurant services 18 Rail transpt services 19 Water transpt services 20 Suppting and auxiliary transpt services 21 Legal services 22 Personnel placement and supply services [8] 23 Investigation and security services, except armoured car services 24 Education and vocational education services 25 Health and social services 26 Recreational, cultural and spting services [9] 27 Other services 1 Service categies within the meaning of Article 20 and Annex IIA to Directive 2004/18/EC. 2 Except f rail transpt services covered by categy Except f rail transpt services covered by categy Except financial services in connection with the issue, sale, purchase transfer of securities other financial instruments, and central bank services. The following are also excluded: services involving the acquisition rental, by whatever financial means, of land, existing buildings other immovable property concerning rights thereon. However, financial service contracts concluded at the same time as, befe after the contract of acquisition rental, in whatever fm, shall be subject to the Directive. EN Standard fm 02 - Contract notice 20 / 21

21 5 Except research and development services other than those where the benefits accrue exclusively to the contracting authity f its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authity. 6 Except arbitration and conciliation services. 7 Service categies within the meaning of Article 21 and Annex IIB of Directive 2004/18/EC. 8 Except employment contracts. 9 Except contracts f the acquisition, development, production co-production of program material by broadcasters and contracts f broadcasting time. EN Standard fm 02 - Contract notice 21 / 21