Section one: Contracting authority/entity
one.1) Name and addresses
Agri-Food and Biosciences Institute
C/O Construction and Procurement Delivery, 303 Airport Road West
Belfast
BT3 9ED
Contact
Colin Best
Country
United Kingdom
NUTS code
UKN06 - Belfast
Internet address(es)
Main address
Buyer's address
https://www.finance-ni.gov.uk/topics/procurement
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://etendersni.gov.uk/epps
Additional information can be obtained from the above-mentioned address
Applications or, where applicable, tenders must be submitted electronically via
https://etendersni.gov.uk/epps
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
DAERA AFBI Commercialisation of AFBI-bred forage grass varieties
Reference number
ID4225815
two.1.2) Main CPV code
- 66151000 - Financial market operational services
two.1.3) Type of contract
Services
two.1.4) Short description
The Agri-Food and Biosciences Institute (AFBI) is Northern Ireland's largest science and technology organisation and an internationally renowned multidisciplinary scientific organisation, based at seven locations across Northern Ireland. AFBI is a Non-Departmental Public Body (NDPB) established under the Agriculture (Northern Ireland) Order, 2004. The Institute undertakes an assigned work programme on behalf of the Department of Agriculture, Environment and Rural Affairs (DAERA) that comprises statutory, analytical, and diagnostic/surveillance testing, together with research & development (R&D) and the provision of specialist advice in the fields of agriculture, animal health and welfare, plant science, food safety and innovation, marine and fisheries, the natural environment and Agri-food and rural economics.
The AFBI grass breeding programme, based in Loughgall, Northern Ireland, produces locally-adapted ryegrass varieties for a range of forage grass markets, but primarily for the UK/ROI markets. The AFBI forage grass breeding programme is split into two programmes: the strategic programme and the commercialisation programme. The early stage strategic programme is funded by DAERA, and produces germplasm for incorporation into new synthetics. The commercialisation programme tests near-market stage synthetics prior to national list testing and subsequent commercialisation.
AFBI requires a commercialisation partner in order for AFBI-bred varieties to be tested for market performance prior to national/recommended list testing, and ultimately for seed from AFBI-bred varieties to reach target markets: NI is the priority market. In compliance with the Concession Contracts Regulations 2016, AFBI therefore intends to run a tender exercise for commercialisation rights to all future AFBI-bred varieties for the purposes of testing, production and marketing of these varieties. AFBI will retain ownership of all IP arising from the future forage grass breeding programme. The contract arising from this tender will provide an exclusive global licence to produce, market and sell all AFBI-bred forage grass synthetics not yet sown by the current commercial partner as Pre-basic seed arising from the AFBI forage grass breeding programme from contract initiation. The Commercialisation Rights will commence on any variety when seed is sown to produce a crop of Pre-basic seed. Commercial rights to synthetics not selected by the partner shall revert to AFBI.
two.1.5) Estimated total value
Value excluding VAT: £50,000,000
two.1.6) Information about lots
This concession is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 77100000 - Agricultural services
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
Main site or place of performance
As required by AFBI and the contract demands, within Northern Ireland and potentially beyond.
two.2.4) Description of the procurement
The Agri-Food and Biosciences Institute (AFBI) is Northern Ireland's largest science and technology organisation and an internationally renowned multidisciplinary scientific organisation, based at seven locations across Northern Ireland. AFBI is a Non-Departmental Public Body (NDPB) established under the Agriculture (Northern Ireland) Order, 2004. The Institute undertakes an assigned work programme on behalf of the Department of Agriculture, Environment and Rural Affairs (DAERA) that comprises statutory, analytical, and diagnostic/surveillance testing, together with research & development (R&D) and the provision of specialist advice in the fields of agriculture, animal health and welfare, plant science, food safety and innovation, marine and fisheries, the natural environment and Agri-food and rural economics.
The AFBI grass breeding programme, based in Loughgall, Northern Ireland, produces locally-adapted ryegrass varieties for a range of forage grass markets, but primarily for the UK/ROI markets. The AFBI forage grass breeding programme is split into two programmes: the strategic programme and the commercialisation programme. The early stage strategic programme is funded by DAERA, and produces germplasm for incorporation into new synthetics. The commercialisation programme tests near-market stage synthetics prior to national list testing and subsequent commercialisation.
AFBI requires a commercialisation partner in order for AFBI-bred varieties to be tested for market performance prior to national/recommended list testing, and ultimately for seed from AFBI-bred varieties to reach target markets: NI is the priority market. In compliance with the Concession Contracts Regulations 2016, AFBI therefore intends to run a tender exercise for commercialisation rights to all future AFBI-bred varieties for the purposes of testing, production and marketing of these varieties. AFBI will retain ownership of all IP arising from the future forage grass breeding programme. The contract arising from this tender will provide an exclusive global licence to produce, market and sell all AFBI-bred forage grass synthetics not yet sown by the current commercial partner as Pre-basic seed arising from the AFBI forage grass breeding programme from contract initiation. The Commercialisation Rights will commence on any variety when seed is sown to produce a crop of Pre-basic seed. Commercial rights to synthetics not selected by the partner shall revert to AFBI.
two.2.5) Award criteria
Concession is awarded on the basis of the criteria stated in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £50,000,000
two.2.7) Duration of the concession
Duration in months
180
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
Section four. Procedure
four.2) Administrative information
four.2.2) Time limit for submission of applications or receipt of tenders
Date
14 June 2022
Local time
3:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
Neither CPD nor the Agri-Food and Biosciences Institute (AFBI) can provide any guarantee as to the level of business under this contract. The commercial nature of this requirement is such that it will operate with, and will incur, no direct costs to AFBI. The estimated value stated is a nominal figure, which does not take into account the Contractor's marketing / production costs, and payments that will be made to AFBI. The figure stated must not be assumed as accurate or an indicator as to potential revenue for the Contractor.
In order to gain a competitive advantage in the assessment process, Tenderers are reminded that the commercial viability of their proposals will be evaluated and, if deemed necessary, may be subject to negotiation, prior to the awarding of any new contract for the rights to AFBI-bred ryegrasses. Tenderers are also reminded that this will be a Concessions Contract, where the consideration will be the Contractor's right to financially exploit the subject matter of the contract. The Contractor will be exposed to an operational financial risk, involving the possibility of not recouping investments, and with no guarantees of breaking even or making profits.
Contract monitoring: the successful contractor's performance on the contract will be regularly monitored. Contractors not delivering on contract requirements is a serious matter. It means the public purse is not getting what it is paying for. If a contractor fails to reach satisfactory levels of contract performance they will be given a specified time to improve. If, after the specified time, they still fail to reach satisfactory levels of contract performance, the matter will be escalated to senior management in CPD for further action. If this occurs and their performance still does
not improve to satisfactory levels within the specified period, it may be regarded as an act of grave professional misconduct and they may be issued with a notice of written warning and notice of unsatisfactory performance and this contract may be terminated. The issue of a notice of written warning and notice of unsatisfactory performance will result in the contractor being excluded from all procurement competitions being undertaken by Centres of Procurement Expertise on behalf of bodies covered by the Northern Ireland Procurement Policy for a period of up to 12 months from the date of issue of the notice. The authority. expressly reserves the rights:
(i) not to award any contract as a result of the procurement process commenced by publication of this notice;
(ii) to make whatever changes it may see fit to the content and structure of the tendering competition;
(iii) to award (a) contract(s) in respect of any part(s) of the services covered by this notice; and
(iv) to award contract(s) in stages.
And under no circumstances will the authority be liable for any costs incurred by candidates.
six.4) Procedures for review
six.4.1) Review body
The UK does not have any such bodies with responsibility for appeal/mediation procedures.
N/A
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
CPD will comply with the Concessions Contracts Regulations 2016 and, where appropriate, will incorporate a standstill period (i.e. a minimum of 10 calendar days) at the point information on the award of the contract is communicated to tenderers. That notification will provide full information on the award decision. This provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.