Section one: Contracting authority
one.1) Name and addresses
Birmingham City Council
10 Woodcock Street
Birmingham
B4 7WB
Contact
Corporate Procurement Services
Country
United Kingdom
NUTS code
UKG31 - Birmingham
Internet address(es)
Main address
Buyer's address
www.in-tendhost.co.uk/birminghamcc
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
www.in-tendhost.co.uk/birminghamcc
Additional information can be obtained from the above-mentioned address
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
P0989 - Highway Maintenance and Management PFI Contract Restructuring Support
Reference number
P0989
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
Birmingham City Council invites tenders for advisory services for restructuring of the council’s Highway Maintenance and Management PFI contract, together with consequences that arise out of the restructuring of the contract. More information can be found in the tender documentation available to download as follows.
two.1.5) Estimated total value
Value excluding VAT: £4,100,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKG31 - Birmingham
two.2.4) Description of the procurement
The restructuring support contract is expected to commence in December 2022 & will expire on 30 June 2024 and will be awarded to one lead supplier.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
19
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: 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
Further details will be provided in the tender documentation
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.1) Description
four.1.1) Type of procedure
Open procedure
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
In the case of framework agreements, provide justification for any duration exceeding 4 years:
n/a
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
Date
24 October 2022
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.7) Conditions for opening of tenders
Date
24 October 2022
Local time
12:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.3) Additional information
BACKGROUNDThe council entered into a 25-year PFI contract in June 2010 to provide highway maintenance and management services on its 2,500+km highway network. The contract is with Birmingham Highways Ltd (BHL), which delivers the Services through a subcontractor. The Highway Maintenance and Management PFI (HMMPFI) contract is the primary means through which the council discharges its statutory duties (predominantly under Highways Act, 1980 and New Roads and Streetworks Act, 1991) to maintain public highways for which it is the relevant authority.The HMMPFI contract was subject to a settlement in June 2019 whereby:i. The subcontractor was replaced with an interim subcontractor; andii. The council worked with BHL to:(a) restructure the contract; and(b) procure a long-term replacement subcontractor.The procurement of a long-term replacement subcontractor is currently underway, with dialogue due to complete at the end of November 2022. The restructuring of the contract is expected to be completed in February 2023, subject to:i. Receiving compliant and acceptable tenders;ii. Approval of the council’s revised business case with government; andiii. Approval from BHL’s senior creditors.Subject to this process, the long-term replacement subcontract is expected to be signed in April 2023 and commence on 1 September 2023. Scope of this contractThis restructuring support contract relates to advisory services for restructuring of the council’s Highway Maintenance and Management PFI contract, together with consequences that arise out of the restructuring of the contract. Such consequences include (but are not exclusively limited to):i. Advice to the council relating to alternative positions should it not be possible to complete a restructuring of the contract;ii. The council’s funding for highway maintenance and management services from HM Government;iii. Mobilisation for longer-term highway maintenance and management services;iv. Any litigation related to the contract or successor arrangements.The restructuring support contract is expected to commence in December 2022 & will expire on 30 June 2024The Council will be using its free to use e-tendering system (in-tend) for the administration of this procurement process and potential suppliers must register with the system to be able to express an interest. If you wish to express an interest in this opportunity please click on the following link to access https://in-tendhost.co.uk/birminghamcc/ and submit your details to register. You will then be able to login and download all relevant quotation documentation. If you are unable to register with In-tend or have any questions or problems on how to use this web site please either email us at: cps@birmingham.gov.uk .Your completed tender submission should be returned by noon on 24th October 2022 via the ‘in-tend’ system https://in-tendhost.co.uk/birminghamcc
six.4) Procedures for review
six.4.1) Review body
High Court of England & Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
Country
United Kingdom