Section I: Contracting authority

I.1) Name, addresses and contact point(s)

Further information can be obtained from:

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:

Tenders or requests to participate must be sent to:

I.2) Type of the contracting authority

Regional or local authority

I.3) Main activity

General public services

Environment

Health

Recreation, culture and religion

Education

I.4) Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1) Description

II.1.1) Title attributed to the contract by the contracting authority:

Provision of fitness equipment, installation, associated servicing and maintenance at Crewe Pool, Macclesfield Leisure Centre, Nantwich Pool, Shavington Leisure Centre&Wilmslow Leisure Centre and minor refurbishment of fitness facilities at Macclesfield and Wilmslow Leisure Centres, with finance lease.

II.1.2) Type of contract and location of works, place of delivery or of performance

Supplies

Main site or location of works, place of delivery or of performance: The following establishments within the Borough of Cheshire East:

Crewe Pool, Macclesfield Leisure Centre, Nantwich Pool, Shavington Leisure Centre and Wilmslow Leisure Centre.

NUTS codeUKD2

II.1.3) Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract

II.1.4) Information on framework agreement

II.1.5) Short description of the contract or purchase(s)

To provide high quality fitness equipment at Macclesfield Leisure Centre, Wilmslow Leisure Centre, Crewe Pool, Nantwich Pool and Shavington Leisure Centre together with minor room refurbishment at Macclesfield and Wilmslow Leisure Centres. The contract will also include installation of equipment, induction training for staff as well as a fully inclusive 5 year equipment servicing and maintenance work. There will also be the requirement to offer a 5 year finance lease to cover the full cost of the project. We will also require the successful company to transfer existing equipment to other Cheshire East sites and safely dispose of current equipment no longer required.

To create attractive fitness facilities with high quality fitness equipment to positively impact on the health and wellbeing of the local community, provide better facilities for current and new customers, increase participation especially amongst young people, older people and those with health issues, improve the financial viability of the facility and reduce energy usage.

To ensure that the fitness facilities meets our objectives we are offering a contract for the provision of high quality fitness equipment some of which must either be IFI accredited or suitable for use by disabled people and / or non traditional user groups, associated servicing and maintenance and minor refurbishment at some of the identified facilities. Refurbishment work will be required to be completed within the first 3 months of the contract. Supply and installation of equipment should also be completed within the first 3 months of the contract. The service element of the contract, warranty, induction training, service and maintenance will all be required to run for the full 5 years of the contract and is the only element of the contract that may be extended at the end of the 5 year contract period. Any finance lease arrangements should include all aspects of the contract and be for a period of 5 years. Additional fitness equipment may be required during the course of the contract period and there should be the ability to add these under the same terms and conditions at any time within the contract period.

We require companies to tender for all aspects of this contract including refurbishment at specified centres and equipment and maintenance at all of the listed facilities. The councils preferred solution would be for the final contract to be solely with the lead fitness equipment company who would sub contract the building work and finance lease.

The Contracting Authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SME's). For the avoidance of doubt, the Contracting Authority points out that no weight will be attached to whether or not an economic operator is an SME in selecting economic operators to submit tenders or in assessing the most economically advantageous tender.

II.1.6) Common procurement vocabulary (CPV)

37440000 , 37441100 , 37441200 , 37441300 , 37441400 , 37441900 , 37442000 , 37442100 , 37442200 , 37442300 , 37442310 , 37442320 , 37442400 , 37442500 , 45212100 , 45453100 , 51121000

II.1.7) Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8) Lots

This contract is divided into lots: no

II.1.9) Information about variants

Variants will be accepted: yes

II.2) Quantity or scope of the contract

II.2.1) Total quantity or scope:

The contract for equipment and maintenance will be for a period of 5 years with the option to extend the service&maintenance for up to a further 2 years (at the councils sole discretion). In the event the service&maintenance contract is extended any extension shall be on the same terms and conditions of contract as the original contract period.

The values given in this notice are only estimations and the Authority gives no guarantee or warranty or makes any representation as to the accuracy of any indicative volumes or as to the value of the work during the contract period.

Estimated value excluding VAT:

Range: between 700 000 and 1 000 000 GBP

II.2.2) Information about options

Options: yes

Description of these options: The option to extend the service&maintenance for up to a further 2 years (at the councils sole discretion). In the event the service&maintenance contract is extended any extension shall be on the same terms and conditions of contract as the original contract period.

II.2.3) Information about renewals

II.3) Duration of the contract or time limit for completion

Duration in months: 60 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1) Conditions relating to the contract

III.1.1) Deposits and guarantees required:

As detailed in the documents - independent financial appraisals will be used to assess companies financialstanding.

III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

As detailed in the ITT documents.

III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

No special legal form is required by the grouping of providers but each provider will be required to become jointly or severally responsible for the contract before acceptance.

In the case of consortium bids, the contracting authority reserves the right to require the consortium to name a lead partner with whom it can contract, or alternatively, to form a single legal entity with whom it can contractbefore the contract is awarded.

III.1.4) Other particular conditions

The performance of the contract is subject to particular conditions: no

III.2) Conditions for participation

III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Any supplier may be disqualified who:

(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;

(b) is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;

(c) has been convicted by a judgment which has the force of res judicata in accordance 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 contract authorities can demonstrate;

(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;

(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;

(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;

(h) has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;

(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26 May 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;

(j) has been the subject of a conviction for 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 for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.

Information and formalities necessary for evaluating if requirements are met:

As detailed in the PQQ documents.

III.2.2) Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: As detailed in the PQQ documents.

Minimum level(s) of standards possibly required: As detailed in the PQQ documents.

III.2.3) Technical capacity

Information and formalities necessary for evaluating if the requirements are met:

As detailed in the PQQ documents.

Minimum level(s) of standards possibly required:

As detailed in the PQQ documents.

III.2.4) Information about reserved contracts

III.3) Conditions specific to services contracts

III.3.1) Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2) Staff responsible for the execution of the service

Section IV: Procedure

IV.1) Type of procedure

IV.1.1) Type of procedure

Restricted

IV.1.2) Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 6: and maximum number 6

Objective criteria for choosing the limited number of candidates: As detailed in the PQQ documents.

IV.1.3) Reduction of the number of operators during the negotiation or dialogue

IV.2) Award criteria

IV.2.1) Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2) Information about electronic auction

An electronic auction will be used: no

IV.3) Administrative information

IV.3.1) File reference number attributed by the contracting authority:

NWCE-8LBLN7

IV.3.2) Previous publication(s) concerning the same contract

no

IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document

Payable documents: no

IV.3.4) Time limit for receipt of tenders or requests to participate

22.12.2011 - 12:00

IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6) Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7) Minimum time frame during which the tenderer must maintain the tender

IV.3.8) Conditions for opening tenders

Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1) Information about recurrence

This is a recurrent procurement: no

VI.2) Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3) Additional information

In order to participate, suppliers must register, submit an expression of interest, complete and upload completed PQQ documentation and submit this via the Chest at URL: http://
.

URL: www.thechest.nwce.gov.uk
- the project reference on The Chest is NWCE-8LBLN7 - the time limit for returning the completed PQQ submission is 22.12.2011 at 12 noon.

Variants - the councils preferred solution would be for the final contract to be solely with the lead fitness equipment company who would sub contract the building work and finance lease - this is the only aspect of the tender that is applicable to the acceptance of a variant bid.

Contract values given in this notice are only estimations - the Authority gives no guarantee or warranty or makes any representation as to the accuracy of any indicative volumes or as to the value of the work during the contract period.

VI.4) Procedures for appeal

VI.4.1) Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2) Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a minimum 10 calendar day standstill period (or 15 days where non-electronic or fax methods are used) at the point that an award decision notice is communicated to tenderers. The award decision notice will specify the criteria for the award of the contract / framework agreement, the reasons for the decision, including the characteristics and relative advantages, the name and score of the successful tender; and will specify when the standstill period is expected to end or the date before which the Contracting Authority will not conclude the contract/framework agreement.

If an appeal regarding the award of a contract / framework agreement has not been successfully resolved, the Public Contracts (Amendment) Regulations 2009 provide for aggrieved parties who have been harmed or are at risk of a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).

Any such action must be brought promptly (generally within 3 months). The Court may order the setting aside ofthe award decision or may order the Contracting Authority to amend any document and may award damages.

If a framework agreement has been entered into the Court may make a declaration of ineffectiveness or may order that the duration of any relevant specific contract be shortened and additionally may award damages. The time limit for seeking such a declaration is generally 30 days from notification of the award (either by award decision notification or contract award notice depending upon the circumstances) or otherwise 6 months.

VI.4.3) Service from which information about the lodging of appeals may be obtained

VI.5) Date of dispatch of this notice:

17.11.2011