Section one: Contracting authority
one.1) Name and addresses
Kirklees Council
Town Hall
HUDDERSFIELD
HD1 2HQ
Contact
Jane Lockwood
Telephone
+44 1484221000
Country
United Kingdom
Region code
UKE44 - Calderdale and Kirklees
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
Buyer's address
https://yortender.eu-supply.com
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://yortender.eu-supply.com
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://yortender.eu-supply.com
Tenders or requests to participate must be submitted to the above-mentioned address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Kirklees Cultural Heart Venue Operator Procurement
Reference number
KMCFM-020
two.1.2) Main CPV code
- 79993100 - Facilities management services
two.1.3) Type of contract
Services
two.1.4) Short description
The Council is seeking to procure, through a competitive dialogue process, an experienced and qualified commercial operator to manage a new venue being developed by the Council as part of its Huddersfield Cultural Heart programme.
The Cultural Heart programme is a key Council-led regeneration scheme in Huddersfield Town Centre. This is part of a wider blueprint for Huddersfield Town Centre to create:
• A vibrant culture, art, leisure and nightlife offer;
• thriving businesses;
• a great place to live; and
• improved access and enhanced public spaces.
two.1.5) Estimated total value
Value excluding VAT: £62,500,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 39222000 - Catering supplies
- 50000000 - Repair and maintenance services
- 55120000 - Hotel meeting and conference services
- 55410000 - Bar management services
- 55520000 - Catering services
- 70332200 - Commercial property management services
- 79950000 - Exhibition, fair and congress organisation services
- 92300000 - Entertainment services
two.2.3) Place of performance
NUTS codes
- UKE44 - Calderdale and Kirklees
Main site or place of performance
Kirklees
two.2.4) Description of the procurement
The Council's initial preferred deal structure is a long-term lease arrangement though other operating models will be considered as part of the competitive dialogue process. This is an exciting opportunity for an organisation to partner with the Council.
Through this procurement, the Council is seeking to:
• Procure a long-term operating partner for the new venue (c.25 years, though term to be confirmed through the procurement process) to:
o to contribute to the venue fit-out and then the long-term operation of the facility
o enter into a Fully Repairing and Insuring (FRI) lease basis (this is the initial intention though the Council will consider alternatives as part of the procurement process); and
o potentially programme the outdoor event space.
At this stage, the above list of services is indicative only and contains the broad categorisation of services rather than particulars. Bidders should assume that the services actually required will broadly be within the scope of services listed above but will also include extensions to related or ancillary services within each categorisation. The actual scope of services required may also be narrower than that set out above.
Similarly, while the initial estimated term of the arrangement is expected to be 25 years, the actual period will be confirmed during the procurement process.
The procurement is intended to cover the scope of the arrangement as set out in this notice and the accompanying procurement documents.
Please also note that the estimated contract value is based on the venue turnover across the maximum contract term. The final value will depend on the scope of the final services required and bidders should presume that this value will cover the services listed and those ancillary to the principal services required on a project of a comparable scale (including any extensions of scope set out in this notice).
To help to ensure that sufficient interest in the contract will be generated, the services being procured will not be divided into separate lots.
Interested bidders should note that there will be additional procurements for operation of other facilities as part of the Cultural Heart programme and bidding for this contract will not exclude a bidder (including the successful bidder from this procurement) from those subsequent procurement processes, which will be determined by application of evaluation criteria set out in the procurement documents related to those processes.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £62,500,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
300
This contract is subject to renewal
Yes
Description of renewals
The contract period specified, 25 years, is an indicative period only. Actual contract period will be determined through the competitive dialogue process.
two.2.9) Information about the limits on the number of candidates to be invited
Maximum number: 4
Objective criteria for choosing the limited number of candidates:
As stated in the Procurement Documents
two.2.10) Information about variants
Variants will be accepted: Yes
two.2.11) Information about options
Options: No
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions
Information and formalities necessary for evaluating if requirements are met in accordance with Regulations 57-58 of the Public Contracts Regulations 2015 is set out in the Selection Questionnaire which is available at: https://yortender.eu-supply.com
three.1.2) Economic and financial standing
List and brief description of selection criteria
Information and formalities necessary for evaluating if requirements are met in accordance with Regulations 57-58 of the Public Contracts Regulations 2015 is set out in the Selection Questionnaire which is available at: https://yortender.eu-supply.com
three.1.3) Technical and professional ability
List and brief description of selection criteria
Information and formalities necessary for evaluating if requirements are met in accordance with Regulations 57-58 of the Public Contracts Regulations 2015 is set out in the Selection Questionnaire which is available at: https://yortender.eu-supply.com
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Competitive dialogue
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Originally published as:
Date
14 September 2022
Local time
12:00pm
Changed to:
Date
31 October 2022
Local time
12:00pm
See the change notice.
four.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
5 December 2022
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 12 (from the date stated for receipt of tender)
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
The Council conducted an initial Soft Market Testing (SMT) exercise in April 2022, pursuant to Regulation 40 of the Public Contracts Regulations 2015. The SMT was carried out in order to discuss the project and its objectives, as well as the Council's expectations in respect of the venue operation with interested organisations.
Participation in the SMT exercise is not a requirement for future progress in the procurement.
Additional CPV Codes:
50000000 5 Repair and maintenance services
70332000 7 Non-residential property services
70332200 9 Commercial property management services
79993000 1 Building and facilities management services
79993100 2 Facilities management services
92000000 1 Recreational cultural and sporting services
92300000 4 Entertainment services
92312000 1 Artistic services
92312100 2 Theatrical producers singer groups
92312110 5 Theatrical producer entertainment services
92312120 8 Singer group entertainment services
92312130 1 Band entertainment services
92312140 4 Orchestral entertainment services
92312240 5 Services provided by entertainers
92312250 8 Services provided by individual artists
92320000 0 Arts facility operation services
92340000 6 Dance and performance entertainment services
92622000 7 Sports event organisation services
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
The Strand, Westminster
London
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Precise information on deadline(s) for review procedures in accordance with Regulation 86 (Notices of decisions to award a contract or conclude a framework agreement), Regulation 87 (Standstill periods) and Chapter 6 (Applications to Court) of the Public Contract Regulations 2015 (SI 2015/102), the contracting authority will incorporate a minimum ten (10) calendar day standstill period at the point that information on the award of the contract is communicated to economic operators.
This period allows any unsuccessful economic operator(s) to seek further debriefing from the contracting authority before the award (or non-award) of the contract. Such additional information can be requested from the address at Sections I.1 and I.3 of this Notice above.
If an appeal regarding the award (or non-award) of the contract is not successfully resolved, then the Regulations provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be started within thirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had arisen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3) months after that date. Where the contract has not been awarded, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If, however the contract has been awarded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the contract to be ineffective.