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Ards and North Down Borough Council Project Information Memorandum

STRICTLY PRIVATE AND CONFIDENTIAL PQQ Submission Date

3pm 21 September 2015

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APPOINTMENT OF AN OPERATOR TO DEVELOP, MANAGE AND MAINTAIN AN EXISTING SEA LIFE AQUARIUM, SEAL

SANCTUARY AND ENCLOSED PARK AREA KNOWN AS 'EXPLORIS' LOCATED IN PORTAFERRY, NORTHERN IRELAND

ON BEHALF OF ARDS AND NORTH DOWN BOROUGH COUNCIL

Project Information Memorandum (PIM)

Dated 2 September 2015

________________________________________________________

Commercial in Confidence


STRICTLY PRIVATE AND CONFIDENTIAL PQQ Submission Date

3pm 21 September 2015

CONTENTS

DEFINITION OF TERMS 3

1 INTRODUCTION 5

PRE-QUALIFICATION 5

STRUCTURE OF THE PIM 5

2 BACKGROUND INFORMATION AND PROJECT REQUIREMENTS 5

INTRODUCTION 5

CURRENT PROVISION 6

POTENTIAL FUTURE DEVELOPMENTS 8

SERVICE REQUIREMENTS 8

3 OUTLINE OF THE PROCUREMENT PROCESS 8

PROCUREMENT PROCESS 9

PROCUREMENT TIMETABLE 9

4 QUERIES 10

5 SUBMISSION OF RESPONSE 10

REQUIREMENTS 10

PRE-QUALIFICATION QUESTIONNAIRE 11

RETURN OF COMPLETED PQQ 11

REQUESTS FOR CLARIFICATION 11

APPENDIX A – BUSINESS OPPORTUNITY PROSPECTUS 12

APPENDIX B – DRAFT FORM OF CONTRACT 27


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DEFINITION OF TERMS

In this PIM and the Pre-Qualification Questionnaire the following capitalised words and expressions have the meanings hereby assigned to them, unless the context specifically requires otherwise. It should be noted that references to the singular include the plural and vice versa:

Authorised Representative means the nominated representative of the Candidate;

Candidate means any person, firm, or company that has expressed an interest in competing for the award of the Exploris Contract and who submits a PQQ Response to the Contracting Body;

Clarification Notes means a document or instruction issued by the Contracting Body to all Candidates during the PQQ stage using the eSourcing NI messaging system;

Closing Time and Date shall have the meaning given to it in Section 5 of this PIM;

Competition means the competition for the award of the Exploris Contract by the Contracting Body;

Confidential Information means all information which the Candidate receives or obtains as a result of its involvement in the Competition;

Contracting Body means Ards and North Down Borough Council, its statutory successors and organisations and its duly appointed agencies for this exercise;

Contractor means the entity with which the Contracting Body will ultimately contract in connection with this Project;

eSourcing NI means the online portal at https://e-sourcingni.bravosolution.co.uk which is accessible by following the instructions set out in Section VI.3 (Additional Information) of the OJEU notice published in respect of this Competition;

Exploris Contract means the contract for the carrying out of the Project, a draft form of which is attached at Appendix B to this Project Information Memorandum for information purposes only. As specified in the OJEU Notice, it is intended that the form of draft contract and contract approach to the arrangement will be discussed during the course of the Competition;

Final Tender means the final tender submitted by the remaining short listed Candidates in response to the Invitation to Submit Final Tenders document;

Interested Parties means any person, firm, or company that has expressed an interest in competing for the award of the Contract;

Members means those persons, firms or companies that are considered to form part of a Candidate as identified in response to the Pre-Qualification Questionnaire and include the Candidate itself and the Shareholders in the Candidate, subcontractors of the Candidate, and any other members of the bidding consortium;

Nominated Advisors means the organisations identified in paragraph 2.12 of Part A of the PQQ together with such other organisations as shall be appointed by the Contracting Body and identified to Candidates during the course of the competition;

OJEU means the Official Journal of the European Union;

OJEU Notice means the contract notice issued in the Official Journal of the European Union advertising this competition;


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Preferred Candidate means the Candidate selected as providing the most economically advantageous tender;

PIM or Project Information Memorandum means this Project Information Memorandum (together with any Clarification Notes issued by or on behalf of the Contracting Body in respect of this Project Information Memorandum);

Pre-Qualification Document(s) means the Project Information Memorandum and the Pre-Qualification Questionnaire and any Clarification Notes issued by the Contracting Body;

PQQ or Pre-Qualification Questionnaire means the document accompanying this Project Information Memorandum issued to all Interested Parties and which will be used to select those Shortlisted Candidates that will proceed to the dialogue phase of the Competition;

PQQ Response means a response to the PQQ submitted by a Candidate comprising a completed questionnaire and relevant supporting documents;

Procurement means this procurement process for award of the Exploris Contract;

Project means the project to deliver the services summarised in Section 2 of this PIM and which shall be further specified by the Contracting Body in due course; and

Proposal/Subsequent Proposals means the initial proposal submitted after PQQ and all subsequent proposals submitted before submission of the Final Tenders;

Qualification Response Area means the online area on the eSourcing NI portal in respect of this competition identified as the qualification response area;

Shareholders means those persons, firms or companies who will be shareholders in the Candidate, and for the avoidance of a doubt, a Shareholder may also be a Member;

Shortlisted Candidate means any person, firm or company that has submitted a PQQ Response to the Contracting Body and is shortlisted to proceed to the dialogue phases of the Competition.

Technical Response Area means the online area on the eSourcing NI portal in respect of this competition identified as the technical response area.


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1. INTRODUCTION

1.1 The Contracting Body published a contract notice (ref 2015/S-041786) in the Official Journal of the European Union (the ‘OJEU’), advertising the intention to award a contract for the development, management and maintenance of the Exploris aquarium.

1.2 The contract notice indicates that this is a competition for a services concession agreement and although the Contracting Body has chosen to follow a procedure similar to the competitive dialogue procedure (as set out in Regulation 30 of the Public Contracts Regulations 2015), the Contracting Body reserves the right to depart from this procedure at any time at its sole discretion.

1.3 This PIM supplements the Pre-Qualification Questionnaire ("PQQ") and has the following purpose:

1.3.1 to provide Interested Parties with background information relevant to the Project;

1.3.2 to inform Interested Parties, in an outline format, of the range of services that will constitute the main contractual requirement;

1.3.3 to provide Interested Parties with an overview of the procurement process, the estimated timescales involved and the tasks to be carried out by those parties participating in the procurement process; and

1.3.4 to provide Interested Parties with sufficient information to decide whether they wish to participate in the procurement process.

PRE-QUALIFICATION

1.4 The first stage of the procurement process is pre-qualification by the Contracting Body of appropriately qualified Candidates. Interested Parties are requested to complete the PQQ which accompanies this PIM, and to submit it to the Contracting Body in accordance with the Contracting Body’s instructions.

STRUCTURE OF THE PIM

1.5 This PIM is structured as follows:

Section 2: Background Information and Project Requirements

Section 3: Outline of the Procurement Process

Section 4: Queries

Section 5: Submission of Response

2. BACKGROUND INFORMATION AND PROJECT REQUIREMENTS

INTRODUCTION

2.1 Situated on the shores of Strangford Lough, Exploris, Northern Ireland's only public aquarium, enjoys a key educational function in terms of marine biology and eco-system sustainability. The Lough and its environs are designated both as an Area of Special Scientific Interest (ASSI), an Area of Outstanding Natural Beauty (AONB) and Marine Nature Reserve (MNR). As such, the aquarium is an important economic asset and occupies an enviable position as an interpretative gateway to Strangford Lough and fulfils an environmental, education and tourist facility.


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2.2 The Contracting Body is now seeking an operator to invest in the provision of the facility in order to secure its long term sustainability and enhancement. The rationale behind this intention stems from the Contracting Body’s desire to operate services effectively and efficiently, if appropriate with partners, including private sector contractors.

CURRENT PROVISION

2.3 The aquarium has been one of Northern Ireland's leading visitor attractions. At its peak in 2007/8, whilst operated by the previous Ards Borough Council, Exploris attracted more than 110,000 visits per year and generated an income in excess of £600,000. However, over the last seven years, numbers and revenues have reduced considerably. Further background information regarding visitor numbers and financial performance is provided within Appendix A which is the Business Opportunity Prospectus which formed the basis of a market engagement exercise commissioned by the Contracting Body prior to formal commencement of this process. Please note that the Business Opportunity Prospectus is provided by way of background information only. The Contracting Body does not give any representation, warranty or guarantee as to the completeness, sufficiency or accuracy of the information contained therein and Candidates are strongly advised to carry out their own due diligence in relation to the Project.

2.4 Exploris is currently closed pending the conclusion of this process and refurbishment. However, the seal sanctuary, which is supported through an annual revenue grant from the Northern Ireland Department of Environment, and the sea life exhibits, are being maintained in a fully operational state by three Council retained specialist aquarist staff.

2.5 The key reason for the deterioration in the visitor numbers has been the challenge to public sector finances, since the 2008 banking crisis, and the resulting inability of the Contracting Body to make the investment in maintenance and modernisation of the facilities.

2.6 With the right operator, investment and expertise, the Contracting Body believes Exploris could be returned to being a thriving and commercially attractive business. Candidates should note that, subject to certain conditions, the Northern Ireland Government has offered to contribute a capital grant of at least £700,000 towards the improvement of the Exploris facilities; provided that it can be spent before 31 March 2016.

2.7 In any event, the Contracting Body would like to facilitate the reopening of the main facilities by early summer of 2016, even if some of the development has not been completed.

Seal Sanctuary, Temporary Exhibition Space and Educational Workshop Facility

2.8 Exploris has operated a Seal Sanctuary programme and associated viewing area since 2000 which during peak periods rehabilitates up to thirty seal pups in situ and provides significant educational value and a key additional visitor attraction. The introduction of the Seal Sanctuary in 2000 brought about a stepped increase in visitor numbers.

2.9 Features of the Seal Sanctuary at Exploris include:

Seal rehabilitation pens: The pens are built behind one way glass to enable visitors to see and smell the seals. The one way glass minimises the contact seals have with humans.


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Ponds: Purpose built ponds allowing the seals to develop their strength and in readiness for the return to the wild. These include underwater viewing panels.

Environmental Education Centre: As part of an initiative to expand the education program and make it more attractive to secondary schools a dedicated workshop area for schools was recognised as being essential. The Education Centre enables Exploris staff to carry out pre and post tour workshops with schools enhancing its reputation as a leading environmental education centre. In addition to its use by schools, the education centre is also used for corporate hire, training and seminar purposes, and thus is a further income generator.

Exhibition Space: For a tourist attraction, Exploris enjoys a high percentage of repeat visits. Yet to maintain this repeat business it is essential to provide ‘something new’. The addition of the versatile exhibition space has allowed Exploris to develop a changing program events and exhibitions. Overlooking the seal ponds, the exhibition hall has hosted a number of diverse exhibitions from fine art and sculpture, to an exhibition on sharks and an interactive children’s exhibition. On a permanent basis the space also houses an exhibition on seals and a ‘hands-on’ gallery with interactive learning activities. The exhibition space can also be hired as a corporate hire venue.

2.10 The opening of the Seal Sanctuary has increased the length of visitor stay and spend; reduced overcrowding at peak times; encouraged repeat business; provided adequate facilities for education groups; and provided temporary exhibition and interactive activity areas. It should be noted that at this time there are no captive seals kept in Exploris, therefore outside the pupping season there are occasions where there are no seals for visitors to see.

Tank Replacement, Ray Pool and Shark Display

2.11 In 2000 a rolling programme of replacing the metal/glass tanks of the mid section of the aquarium was initiated; these were in a state of decay due to saltwater corrosion. This replacement program also enabled the Contracting Body to respond to customer feedback and carry out improvements in general layout and ambience.

2.12 As part of this programme of renewal a cylindrical tank was installed allowing the exhibition of jellyfish in season (a visitor favourite) and the development of an area dedicated to rays and sharks. As part of this latter development, the poorly designed shoaling ring was removed and replaced with a 17m2 walk around ray tank. To complete the exhibit, recessed tanks which display shark eggs along with newly hatched sharks were incorporated, and floor to ceiling interpretation with video material to help tell the story of sharks.

Sea water System Upgrade

2.13 Exploris utilises sea water extracted from Strangford Lough under lease from the Crown Estate Commissioners. Thus, the sea water systems and associated filtration systems are essential to the health of the tank displays. In recognition of this the Contracting Body has undertaken a rolling programme of maintenance and scheduled replacement covering the network of pipes, pumps, valves and filters. There is an agreement with The Queen's University of Belfast for the supply of some sea water to the Marine Biology Centre in Portaferry.


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Small Scale Projects

2.14 In addition to the above major investment areas there has also been investment in small scale projects such as the upgrading of catering equipment, and the provision of interactive learning exhibits such as the computer interactive on Strangford Lough.

Gift Shop and Café

2.15 In addition to the live exhibits, Exploris also has a gift shop and café. The gift shop has a marine theme and stocks a range of items appropriate to the family market. The café provides a range of drinks, snacks and meals and caters for functions, special events and parties. The shop and café provide an important secondary spend component.

POTENTIAL FUTURE DEVELOPMENTS

2.16 Outside the facility itself, an area of approximately four acres enjoys a range of facilities, including a bowling green, playground, duck pond, parkland and former touring Caravan Park. This hinterland offers a valuable opportunity to develop complementary products and facilities which could enhance the year round appeal of Exploris.

2.17 Analysis carried out in 2005 by Ocean Projects Ltd., a consultancy specialising in Aquarium operations, suggested that "The role of a legitimate ‘Northern Ireland’s Aquarium’ and public information centre would also be sustainable and there seems no reason to doubt its capability to attract and sustain an absolute minimum of 140 – 150,000 visitors per annum to the Aquarium itself and a great many more to the area as a whole".

SERVICE REQUIREMENTS

2.18 The Contracting Body currently intends to award a contract for the operation, management and maintenance of existing facilities in the Aquarium over a period of 25 years with the possibility of extension. The approach and form of contract to be awarded will be discussed further during the course of the Competition and finalised with the Preferred Candidate, however a draft Operational Agreement is attached at Appendix B.

3. OUTLINE OF THE PROCUREMENT PROCESS

3.1 A prior Information Notice (PIN) was published by the Contracting Body in relation to the Project (reference 2015/S 140-258472) and a market sounding exercise carried out. Following completion of that market sounding exercise, notice of the Exploris Contract was dispatched on 28 August 2015 for publication in the OJEU inviting Candidates to express an interest in participating in the Competition.

3.2 The Procurement will be conducted using a procedure that may bare some similarity to the competitive dialogue procedure, as described in the Public Contracts Regulations 2015 and all relevant EU and Northern Ireland law, however the Contracting Body reserves the right to depart from this procedure at any time at its sole discretion.

3.3 This PIM and the PQQ provides information to Candidates about the procedure for the qualification for the dialogue phase of the Procurement.

3.4 It is intended that the Exploris Contract will ultimately be awarded to the Shortlisted Candidate which submits the most economically advantageous tender to the Contracting Body following evaluation of the Final Tender and based on the criteria stated therein.


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PROCUREMENT PROCESS

3.5 The process will consist of a qualification phase, dialogue with Shortlisted Candidates and a final tender phase which will culminate in the nomination of a Preferred Candidate.

3.6 During the qualification phase, the Contracting Body will seek to assess the ability of each Candidate to provide the services required in accordance with the requirements and selection criteria presented in the PQQ. This assessment will be based on the information submitted by each Candidate in its PQQ Response. Assessment will be based on Candidates’ ability to meet certain eligibility criteria and demonstrate their financial & economic standing and technical and professional ability.

3.7 Details of the assessment process are set out in Section 3 of the PQQ. It is currently anticipated that a maximum of 5 of the highest ranked Candidates will be shortlisted and invited to participate the next stage of the Competition. In the event that Candidates' scores are tied, the Contracting Body reserves the right to invite more than 5 Candidates to proceed to the next stage. The Contracting Body also reserves the right to invite less than 5 Candidates to proceed to the next stage, in accordance with the conditions set out in Section 3.29 of Part B of the PQQ. Only those Candidates who are selected at this stage shall proceed to the dialogue phase. All Candidates will be notified in writing as to whether or not they have been selected to proceed to the dialogue phase. Those Candidates which are not selected will be eliminated from the Competition. Such Candidates will be given feedback on their PQQ Response.

3.8 Further details on the phases of the procurement process following the qualification phase are provided in Section 3 of the PQQ.

PROCUREMENT TIMETABLE

The Contracting Body wishes to conduct the Competition in the most efficient manner possible. An indicative timetable for the completion of the principal activities within the procurement process is set out below.

Stage Date/Planned Date

Initiate Procurement and Dispatch Contract Notice (OJEU)

28 August 2015

Last date for submission of clarifications (see paragraph 4.1)

5pm on 16 September 2015

Last date for submission of PQQ (see paragraph 5.6)

3pm on 21 September 2015

Issue Request for Proposal Documentation

25 September 2015

Initial dialogue meetings

September / Early October 2015

Outline Solutions / Detailed Solutions as necessary

Early October 2015

Final Tenders Requested

12-15 October 2015


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Final Tenders Received

28 October 2015

Appoint Preferred Candidate and notification to Preferred Candidate and other Candidates, commence voluntary 10 day standstill

Early November 2015

Contract Award

Mid November 2015

Specify and procure Capital Improvement Works

Mid November 2015

Operator Mobilisation commences

January / February 2016

Opening Date

To be confirmed

4. QUERIES

4.1 Candidates may not address queries to, or communicate with, the Contracting Body other than in the manner provided in this section. Any questions or clarifications relating to this procurement should be communicated using the secure messaging function on the eSourcing NI portal (see the "Messages" button). This will give you an audit trail of all discussions/clarifications. Any such questions or clarifications should be raised in accordance with this paragraph as soon as possible and, in any event, no later than 5pm on 16 September 2015.

4.2 The Contracting Body may at its absolute discretion (but shall not be obliged to) respond to questions or clarifications submitted after 5pm on 16 September 2015. All such questions or clarifications received, together with replies and clarifications on the points raised, may be disclosed to all Candidates who have requested and obtained the Pre-Qualification Documents.

4.3 BravoSolution is the eSourcing managed service provider for the eSourcing NI portal. Should you have any queries, or if you are having any problems registering on the portal, please contact BravoSolution’s dedicated supplier helpdesk by calling 0800 368 4850 or emailing [email protected].

4.4 Candidates will be notified via eSourcing NI as to the outcome of this competition. Please note notification will be sent to the email address you have registered with eSourcing NI. Please ensure that you check this accordingly.

5. SUBMISSION OF RESPONSE

REQUIREMENTS

5.1 Candidates must submit PQQ Responses and participate in this Competition subject to, and in accordance with, the requirements of the PQQ, this PIM and in accordance with any other requirements communicated from time to time to Candidates by the Contracting Body.

5.2 A Candidate which fails to fully comply with the requirements set out in the PQQ and/or this PIM, or any other requirements communicated from time to time to the Candidate by the Contracting Body, to the satisfaction of the Contracting Body may be treated as failing to comply with mandatory conditions of the pre-qualification process


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and may, at the discretion of the Contracting Body, be rejected and eliminated from this Competition.

PRE-QUALIFICATION QUESTIONNAIRE

5.3 The onus is on each Candidate to demonstrate in its PQQ Response its economic and financial standing and technical and professional ability. Responses must be submitted on, and must consist of, the completed PQQ together with the documents referred to in it, any other documentation referred to in this PIM and any additional or supporting information and/or documentation which the Candidate believes necessary to clarify its response.

5.4 Failure to submit a fully completed PQQ may, at the Contracting Body’s absolute discretion, result in a PQQ Response being deemed invalid. The completed PQQ Response will be used as the sole means to assess a Candidate’s ability to perform the Exploris Contract.

5.5 Candidates may not amend or modify the PQQ. It is, however, acceptable to re-format the PQQ where appropriate for the purposes of presentation only; all sections and subsections must remain unchanged and in the same order and no content may be moved, removed or amended. The Contracting Body expects all PQQ questions to be answered in the text boxes provided (which may be expanded subject to any specified character limit). All questions answered must have a font size no smaller than 10pt Arial.

RETURN OF COMPLETED PQQ

5.6 Candidates must submit their PQQ response in accordance with Section 5 of the PQQ no later than 3pm on 21 September 2015 (the “Closing Time and Date”).

5.7 Candidates should take appropriate measures to ensure that their submission is received by the Contracting Body prior to the Closing Time and Date. Candidates should be aware of the speed of their internet connection, system configuration and general web traffic that may impact on the time required to complete the transaction.

5.8 Responsibility for the timely submission of completed PQQ Responses rests solely with the Candidate. Late PQQ Responses received after the Closing Time and Date for receipt of PQQ Responses will not be accepted under any circumstances.

5.9 All PQQ Responses must be made in full accordance with the instructions in this PIM and the PQQ. PQQ Responses may be rejected if the required information is not given at the time of submission.

5.10 All PQQ Responses and related submissions must be in the English language. To the extent that original documents are provided in a language other than English, a certified translation must also be provided.

5.11 All financial information must be denominated in pounds sterling (GBP), except if financial information is being provided in a certified or audited supporting document such as a set of financial statements, in which case it is sufficient for the information to remain in its original currency.

REQUESTS FOR CLARIFICATION

5.12 The Contracting Body reserves the right to request clarification of any issue or matter included in a completed PQQ Response. Failure to respond fully and adequately to any requests for clarification may result in the Candidate being eliminated from the Competition.


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APPENDIX A

BUSINESS OPPORTUNITY PROSPECTUS


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BUSINESS OPPORTUNITY PROSPECTUS


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APPENDIX B

DRAFT FORM OF CONTRACT

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