· Web viewInvitation to Participate in Dialogue . Superfast Broadband for Oxfordshire ProcurementCPU 673. This document has been produced by Oxfordshire County Council solely for

Invitation to Participate in Dialogue

This document has been produced by Oxfordshire County Council solely for the Council’s own use and is provided in the strictest confidence for reference only. No copying, amendment to or distortion of this document or its contents is permitted and neither Oxfordshire County Council, nor any officers, employees or contractors of the Council shall accept any liability by reason of negligence or otherwise for any action or omission arising out of any reliance being placed on the contents of this document by any third party. All intellectual property rights in the document vest in Oxfordshire County Council.

© Oxfordshire County Council 2012

Version 3.0, 8 November 2012

Superfast Broadband for Oxfordshire Procurement

CPU 673

CONTENTS

1. Introduction 1

1.1 Strategic Context 1

1.2 Background to procurement and document structure 2

1.3 Public Consultation 3

1.4 Scope of Services 5

1.5 Important Notices 5

1.6 Disclosure pursuant to the Freedom of Information Act 2000 8

1.7 Cost 9

1.8 Canvassing 9

1.9 Non-Collusion 10

1.10 Copyright 11

1.11 Publicity 11

1.12 The Authority’s Right to reject, disqualify and discontinue 11

1.13 Stakeholder Requirements for Consultation 12

1.14 Amendments to ISDS Documents 12

1.15 Consistency of Information 12

1.16 Sub-contractors 13

2. Procurement Process 16

2.1 Project Governance 16

2.2 Competitive Dialogue Process 17

2.3 Detailed Solution Stage 18

2.4 Final Tender Stage 19

2.5 Timetable 19

2.6 Evaluation Methodology 20

3. Contractual Overview 22

3.1 Number of Contracts 22

3.2 The Duration and Estimated Value of Contracts 23

3.3 Requirements and Evaluation 23

4. Background Information 25

4.1 Structure of this Section 25

4.2 The Oxfordshire Landscape 25

4.3 Outline of Oxfordshire’s Broadband Make-up 26

4.4 Meeting the Rural Challenge 26

4.5 Oxfordshire’s Digital Strategy 26

4.6 Current and Committed Superfast Broadband Provision 27

Appendix 1: OJEU Contract Notice 30



1. Introduction1.1 Strategic Context

1.1.1 There is a nationwide agenda on improving broadband infrastructure across the country linked to Broadband Delivery UK (BDUK), a funding body for improving broadband infrastructure. BDUK’s key focus is on improving connectivity in places such as the Ofcom Market 1 areas (known as white areas1) where Superfast broadband (as defined by BDUK and Ofcom with a minimum speed of 24Mbps) will not happen through natural market expansion.

1.1.2 Oxfordshire County Council (the Authority) recognises that broadband speed is important with more and more people using services online. Improving broadband is also essential in maintaining Oxfordshire’s position as a leading and progressive county, delivering high quality services to its residents. It also has a significant role to play in developing local communities and businesses.

1.1.3 The Authority is working alongside all six local authorities in Oxfordshire, with the key goal of bringing better broadband to Oxfordshire. Improving broadband is also essential in maintaining Oxfordshire’s position as a leading and progressive county, delivering high quality services to its residents.

1.1.4 It has been estimated that the private sector will provide 72% of premises in Oxfordshire with next generation access by 2015. However this figure would leave 28% with a lack of suitable speed. Without additional funding there would be a lack of suitable broadband infrastructure in place.

1.1.5 There is a focus by the Authority on enabling a further 18% of premises (including Authority premises) in Oxfordshire with Superfast broadband and also ensuring that the remaining 10% receive a basic broadband speed of at least 2Mbps. In addition, the Authority requires that a number of Authority specified sites that are not sufficiently addressed through the provision of Superfast broadband are provided with alternative infrastructure to facilitate site specific broadband infrastructure. This Superfast broadband project (the Project) has been formed to meet all these requirements.

1.1.6 The Authority has agreed to match the public funding available from BDUK and, with further additional Authority funding, over £13 million of public funds are available to contribute to the delivery of this project. However, despite the use of public funds, the Authority anticipates that, to meet its requirements, the bidder may also need to make a financial

1 White areas are defined by European Commission’s Broadband Guidelines as areas where Superfast broadband networks do not at present exist and where they are not likely to be built and be fully operational in the coming three years by private investors.

Page 1Version 3.0, 8 November 2012

contribution and the Authority wishes to explore through this procurement the best way for this contribution to be made

1.2 Background to procurement and document structure

1.2.1 The Authority is seeking, through the use of the Competitive Dialogue (CD) procurement procedure, an innovative private sector partner to provide Superfast broadband infrastructure through long-term arrangements (the OCC Contract) and separate frameworks (The Framework Agreement) for other Participating Bodies as defined in the OJEU Contract Notice.

1.2.2 Given the nature of the requirement the procurement has been organised into two Lots,

Lot 1 – Provision of open access infrastructure to facilitate both BDUK & Ofcom defined ‘Superfast’ broadband and basic broadband access to Oxfordshire. The infrastructure will cover the white areas. The Authority’s contract under Lot 1 is subject to State Aid Approval and until this is granted the Contract will not be entered into.

Lot 2 – Provision of alternative infrastructure to facilitate site specific broadband infrastructure at a number of Authority specified sites that are not sufficiently addressed through the provision of Superfast broadband in Lot 1.

1.2.3 These Lots are defined more fully in section 3 of this document.

1.2.4 Bidders are advised of the Authority’s right to not proceed with either Lot as detailed in the OJEU Contract Notice.

1.2.5 This Invitation to Participate in Dialogue (ITPD) is the descriptive document for the procurement and applies to both Lots. This document provides largely procedural and background information to aid Bidders and has been issued to the Bidders for both Lots.

1.2.6 For each Lot the Authority has incorporated one distinct stage for the Competitive Dialogue; the Detailed Solution Stage (incorporating the Invitation to Submit Detailed Solutions “ISDS”). The procurement therefore has the following key stages:

Detailed Solution Stage

Final Tender Stage

1.2.7 The Authority intends to conduct dialogue with Lot 1 Bidders first with regards to location, solution and costs and only commence dialogue with Lot 2 Bidders once the Authority specific sites that are not delivered by Lot 1 are confirmed.

1.2.8 The ISDS for Lot 1 comprises four Parts as follows:


Part 1 – ISDS descriptive document

Part 2 – Requirements and Evaluation

Part 3 – Project Agreement

Part 4 – Instructions for the submission of financial information

1.2.9 In order to align with the national aims for Broadband delivery, Parts 2, 3 and 4 of the ISDS have been based on the documentation of BDUK Broadband Delivery.

1.2.10 Each Part of the ISDS is a distinct document, tailored to the procurement for Lot 1. These documents will be issued to the Bidders for Lot 1 together with this ITPD. For the avoidance of doubt these Parts 1-4 will not been issued to the Bidders of Lot 2.

1.2.11 The issuing of this first tranche of documents represents the commencement of the Detailed Solution Stage. The Authority recognises, however, that during Dialogue some of the documents will be developed iteratively and, as a result, may be re-issued from time to time.

1.3 Public Consultation

1.3.1 In support of the Project, the Authority has conducted a consultation process with two main streams.

Residents and business surveys/consultation - Obtaining the views of the Oxfordshire public and local businesses; and

State Aid consultation - Understanding current and planned market presence in order to ensure public subsidies are directed in those areas of most need.

1.3.2 The status of each stream is described below.

Residents and business surveys/consultation1.3.3 In order to better understand the broadband services received by

Oxfordshire residents and businesses in terms of speeds, prices and desired levels of service, the Authority is currently undertaking a series of demand stimulation and registration exercises which commenced in June 2012 and will run until December 2012. Thus far, results have been overwhelming with 99% of a 1,500 sample stating that they would be interested in faster connectivity (better broadband speed) if it were available.

1.3.4 A further 3,000 residents, representative of the population - specifically gender, age, work status, district and ethnicity - were approached via the Oxfordshire Voice survey. This research was undertaken by the in dependent market research company SPA Future Thinking. Some 1,500 people from this representative cross-section responded to a self-


completion questionnaire designed to inform the OxOnline programme. Key findings from the report were:

48% of respondents living in rural areas complained that speed/quality of provision is an issue

67% of respondents stated they would be interested in getting faster/better quality broadband if it was available in their area

There was significant disparity in speeds between urban and rural locations

Among respondents that work from home using the internet, 40% said that broadband speed is an issue where they live

44% of respondents that regularly work from home said that broadband speed is an issue

1.3.5 Further details of this public engagement are available on the Authority’s webpages: https://myconsultations.oxfordshire.gov.uk/consult.ti/OxOnlinepersonal/

State Aid consultation1.3.6 State Aid Consultation has been conducted in support of the Authority’s

requirements for wholesale broadband infrastructure for Lot 1. The Consultation document was produced in line with EU State Aid Guidelines and Department of Culture Media and Sport (DCMS) guidance documents.

1.3.7 Where public funding has the potential to distort the competitive nature of the commercial market, a thorough understanding of where commercial providers are currently operating or planning to develop basic and Superfast broadband is required in order to focus state funds in areas where a functioning competitive market is not in operation. This understanding is developed by producing maps of the County to understand current or planned infrastructure provision. In order to comply with the guidelines, State Aid Consultation was launched to satisfy the following points:

The State Aid consultation document must be published on the Authority’s website with a link to the BDUK website for at least 1 month

The consultation closed no earlier than 1 month before the start of the tender process (the issue of this ITPD)

The results and feedback formed the basis of the mapping input to the tender process

The document included opinions lodged previously by stakeholders The document sought direct feedback from suppliers and the public

1.3.8 The consultation with baseline maps was published between 02.07.2012 and 31.08.2012. During that period, an Open Market Review (OMR) was also carried out to gather feedback from suppliers regarding their existing and future broadband infrastructure plans. The mapping was then updated to incorporate OMR feedback and published for a further month. The consultation was closed on 11.10.2012.


https://myconsultations.oxfordshire.gov.uk/consult.ti/oxonlinepersonal/

1.3.9 In order to mitigate risk and to limit distortion arising from any changes to operator plans, this ITPD is issued within 30 days of the closing date of the State Aid Consultation. This minimises the impact of any infrastructure changes.

1.3.10 The consultation was published on the Authority’s public website here: https://myconsultations.oxfordshire.gov.uk/consult.ti/system/listConsultations?type=O

1.4 Scope of Services

1.4.1 To meet its requirements the Authority will be looking to partner with an experienced supplier(s) of strategic broadband infrastructure in order to deliver the requirements it seeks.

1.4.2 The Authority requires the partner to:

Design, implement, operate and maintain a wholesale broadband infrastructure in order to provide wholesale broadband services to retail service providers, which in turn, would be able to provide services to business and residential consumers, including public sector organisations.

The provision of the wholesale broadband infrastructure will be targeted at those geographical areas (e.g. rural areas) of Oxfordshire where the market is failing to provide wholesale broadband infrastructure (termed ‘White areas’) as defined through the State Aid Consultation.

The partner will, therefore, be required to implement wholesale broadband infrastructure in those areas of Oxfordshire where there is no market presence now or expected over the next three years. This will require a comprehensive, and flexible, prioritisation process allowing the Authority, during the lifetime of the Project, to adjust the priority of locations across the county in order to maximise the coverage and efficiency of the programme.

Provide alternative infrastructure to facilitate site-specific broadband infrastructure to a number of Authority specified sites that are not sufficiently addressed through the provision of BDUK & Ofcom defined Superfast broadband described above.

1.4.3 The Authority also wishes to make these services available to the Participating Bodies (i.e. the only bodies entitled to enter into call off contracts under the relevant Framework Agreement) within Oxfordshire that are identified in the OJEU Contract Notice.

1.5 Important Notices

Disclaimers 1.5.1 Nothing contained in this ITPD or other accompanying documents or in

Pro Contract (including the data room) or in any other communication Page 5


https://myconsultations.oxfordshire.gov.uk/consult.ti/system/listConsultations?type=O

https://myconsultations.oxfordshire.gov.uk/consult.ti/system/listConsultations?type=O

made between the Authority and any other party, (whether a Bidder or otherwise), shall be taken as constituting a contract, agreement or representation between the Authority and any other party (excluding a formal award of contract made by the Authority or any formal express legal agreement).

1.5.2 The Authority does not accept any responsibility for any representations made by it or on its behalf, or for any estimates made by Bidders of resources to be employed in meeting the Authority’s requirements, or for any other assumption which Bidders may have drawn or will draw from any pre-contract dialogue.

1.5.3 In participating in the Competitive Dialogue and submitting Detailed Solutions, Bidders undertake that they are willing to do so at their own risk and expense, which shall include attending meetings with and making presentations to the Authority, stakeholders, and professional advisors as required.

1.5.4 Neither the Authority nor any of their technical, financial, legal or other advisers accept any liability to pay for any preparatory work undertaken in connection with the ITPD, the ISDS, the Invitation to Submit Final Tenders (ISFT) or any other communication between the Authority and any other party. All costs, expenses and liabilities incurred by Bidders in connection with the bidding, Competitive Dialogue, due diligence and (if awarded Preferred Bidder status) clarification and fine tuning processes for the Project (“Bid Costs”) shall be borne by Bidders (including in a circumstance where the procurement is ceased, postponed, suspended or abandoned).

1.5.5 The Authority reserves its position as to whether or not it will enter into contractual arrangements and the submission of solutions, Competitive Dialogue, due diligence and (if awarded Preferred Bidder status) clarification and fine tuning will be entirely at the Bidders’ risk.

1.5.6 For the avoidance of doubt Bid Costs include costs and fees incurred by Bidders directly or indirectly in instructing lawyers, designers, accountants and other advisors, participation in negotiations, preparation and submission of Detailed Solutions, participation in the Detailed Solutions Stage and completion of the Detailed Solutions Stage and subsequent submission of Final Tenders and any loss of profit or other economic loss incurred by Bidders as a result of this procurement whatsoever.

1.5.7 By participating in the Competitive Dialogue, the Bidder confirms its understanding and acceptance of the fact that it shall have no claim whatsoever against the Authority in respect of such Bid Costs and in particular (but without limitation) that the Authority shall not make any payments to any Bidder save as expressly provided for in any agreement if and when any such agreement is entered into.

1.5.8 For the avoidance of doubt the Authority does not intend to pay the abortive costs of unsuccessful Bidders. However it reserves the right (but shall be under no obligation) to revisit this position during the Final


Tenders stage, for example, if common due diligence could be deployed to reduce Bidders’ costs.

Conflict of Interest1.5.9 It is each Bidder’s responsibility to ensure that its constituent members

do not have conflicts of interest in relation to other Bidders for this Project or in relation to the Authority, including in circumstances where it is proposed that constituent members and/or advisers attached to an unsuccessful Bidder at ISFT or ISDS stage (or Applicant) join another Bidder’s team.

1.5.10 Bidders are responsible for ensuring that no conflict(s) of interest exist between their appointed advisers and those of the Authority. Any Bidder who fails to comply with this obligation may be excluded from the Competitive Dialogue. Details of the Authority’s advisers are as follows:

Digby Consultancy Ltd (Procurement Consultants) Grant Thornton UK LLP (Financial Advisers) Trowers & Hamlins LLP (Legal Advisers); and Turner and Townsend Management Solutions Ltd (Procurement

Consultants);

Confidentiality 1.5.11 Subject to the exceptions set out at paragraph 1.5.14, any information

provided to Bidders in connection with this procurement by the Authority, either directly or through its advisers (the “Information”) is made available by the Authority to Bidders solely for the purpose of this procurement and Bidders shall not (nor shall they allow anyone else to) copy, reproduce, distribute or pass the Information to any other person at any time and shall at all times comply with the following:

1.5.12 Bidders shall not use the Information for any purpose other than for the purposes of submitting, or deciding whether to submit, a Detailed Solution;

Bidders shall at all times treat the Information as confidential; Bidders shall not discuss the Information or any aspect of this

procurement process or their Detailed Solutions without the express consent of the Authority in writing; and

Bidders may disclose, distribute or pass Information to another person associated with their Detailed Solution or bid if either:

this is done for the sole purpose of enabling a Detailed Solution to be made and the person receiving the Information undertakes in writing to the Bidder to keep the Information confidential on the same terms as set out in the ISDS; or

The Bidder obtains the prior written consent of the Authority in relation to such disclosure, distribution or passing of Information.


1.5.13 Bidders shall treat all information relating to their Detailed Solutions as confidential and where such information needs to be copied to parties supporting the Bidder, then those parties shall treat it as confidential.

1.5.14 The Authority may disclose detailed information relating to Detailed Solutions to the Authority’s members, directors, officers, employees, agents, advisors or auditors and the Project Board. The Authority may make any document relating to the Project available for private inspection by such persons. The Authority also reserves the right to disseminate information that is relevant to the Project to all Bidders, even if the information has only been requested by one Bidder, subject to the duty to protect any Bidder’s commercial confidence in its Detailed Solutions which shall be at the Authority’s discretion on what information is commercial in confidence.

1.5.15 Subject at all times to their obligations to comply with relevant legislation (including obligations under statute, guidance or judicial interpretation of public audit and scrutiny legislation), the Authority will act reasonably as regards the protection of commercially sensitive information relating to the Bidder, and commercially sensitive information will be kept confidential and only disclosed on a need to know basis within the Authority and its advisers or other parties whose input is necessarily relevant to the Project.

1.6 Disclosure pursuant to the Freedom of Information Act 2000

1.6.1 The Authority is subject to the provisions of the Freedom of Information Act 2000 (“FOIA”) and its attendant regulations and Codes of Practice as well as the Environmental Information Regulations 2004 (“EIR”). This means that any person has the right to ask the Authority whether it holds information and if so to disclose it to that person.

1.6.2 The Authority will not deny that any bid, offer or (when awarded) contract exists and Bidders participating in the Competitive Dialogue do so on the basis that they accept this.

1.6.3 The Authority will be bound to comply with the law and solutions and bids are submitted on the understanding that the Bidders (both during Competitive Dialogue and subsequently pursuant to the Authority Contract and Framework Agreement) will assist and enable the Authority in complying with their obligations.

1.6.4 The Authority will consult Bidders if any request is made to disclose information which has been provided by them in their solutions, as part of this process, under the Authority Contract or Framework Agreement or otherwise and will seek clarification from the relevant Bidder as to whether such information is commercially sensitive.

1.6.5 The Authority will use reasonable endeavours to resist any request to disclose information which is reasonably believed by the Bidder to be confidential but such endeavours will not extend to putting the Authority in a position where they are in breach of an enforcement notice and will certainly not extend to breaching any court order.


1.6.6 The Authority cannot guarantee, therefore, that ultimately there will not be any disclosure of the solutions or contracts. This position is in common with every other public authority.

1.6.7 The Authority shall have no liability to the Bidders or any of them in the event that information identified as being commercially sensitive or confidential by the Bidders is disclosed pursuant to the Authority’s duties under FOIA.

1.6.8 Details the Authority’s policies in respect of the FOIA, along with applicable response time requirements, can be found at http://www.oxfordshire.gov.uk/cms/sites/default/files/folders/documents/aboutyourcouncil/accestoinformation/foiexemptions.pdf

1.7 Cost

1.7.1 Bidders are reminded that they are solely responsible for bearing the costs and expenses they incur in connection with participation in the Competitive Dialogue, the preparation and submission of their Detailed Solutions and all future stages of the procurement process for this Project. Under no circumstances will the Authority, or any of their advisers, be liable for any costs or expenses borne by a Bidder or its constituent members, advisers, agents, lenders or sub-contractors in this procurement process.

1.7.2 The Authority has not made, and will not make, any agreement or representation that a contract shall be offered in accordance with this ITPD and the publication of this ITPD in no way commits the Authority to award any contract pursuant to any tendering process for this Project.

1.7.3 The participation in Competitive Dialogue will be entirely at the Bidders’ risk and cost.

1.8 Canvassing

1.8.1 A Bidder will be disqualified (without prejudice to any other civil remedies available to the Authority and without prejudice to any criminal liability which such conduct by a Bidder may attract), if the Bidder or any person employed by the Bidder, whether or not to the Bidder’s knowledge:

Offers, gives or agrees to give to any person any gift or consideration of any kind as an inducement or reward for taking or for not taking action in relation to the Authority Contract or the Framework Agreement or any other contract with the Authority; and/or

In relation to any contract with the Authority, shall have committed a breach of the Prevention of Corruption Acts 1899 to 1916 or under Section 117 of the Local Government Act 1972; and/or


Commits an offence under the Bribery Act 2010 to the extent that that Act is in force; and/or

Canvasses any of the Project Team in connection with the Project; and/or

Contacts any officer or Member of the Authority prior to the Authority Contract and Framework Agreement being awarded about any aspect of the Project in a manner not permitted by the ITPD or ISDS (including without limitation making contact with an officer for the purposes of discussing the possible transfer to the employment of the Bidder of such officer for the purpose of the Project).

1.8.2 Bidders will be required to sign Appendix 2 of the ISDS Part 1 document, Certificate as to Non Collusion and Canvassing.

1.9 Non-Collusion

1.9.1 Without prejudice to any other civil remedies available to the Authority and without prejudice to any criminal liability that such conduct by a Bidder may attract, a Bidder may be disqualified at any stage of the process if, in connection with any stage of the Competitive Dialogue or this Project it:

Fixes or adjusts the price of its solutions by or in accordance with any agreement or arrangement with any other Bidder (other than a member of its own consortium); and/or

Enters into any agreement or arrangement with any other Bidder that they shall refrain from making a solution or as to the price of any solution to be submitted; and/or

Causes or induces the Project Team to enter any such agreement or to inform the Bidder of the amount or approximate amount of any rival solution for the Project; and/or

Offers or agrees to pay or give, or does pay or give any sum of money, inducement or valuable consideration, either directly or indirectly to any person for doing or having done, or causing or having caused to be done, any act or omission in relation to any other solutions or proposed solutions for the services; and/or

Communicates to any person other than the Authority the amount or approximate amount of the proposed solutions (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the solutions (for example, for insurance, a contract guarantee bond or bond).

1.9.2 Bidders will be required to sign Appendix 2 of the ISDS Part 1 document, Certificate As To Non Collusion and Canvassing


1.10 Copyright

1.10.1 The copyright in the ITPD, the ISDS and all appendices and other documents issued by the Authority is vested in the Authority, where appropriate, and their content may not be reproduced, copied or stored in any medium without the prior written consent of the Authority. Such documents are and shall remain the property of the Authority and must be returned upon.

1.11 Publicity

1.11.1 Bidders and all members of each Bidder’s supply chain shall not undertake (or permit to be undertaken), any publicity activity with any section of the media in relation to the Project and the Competitive Dialogue other than with the prior written agreement of the Authority. Such agreement shall extend to the content of any publicity. In this paragraph the word ‘media’ includes (but without limitation) radio, television, newspapers, trade and specialist press, the Internet, social networking sites and email accessible by the public at large and the representatives of such media.

1.12 The Authority’s Right to reject, disqualify and discontinue

1.12.1 The Authority is not committed to any course of action as a result of issuing this ITPD (or any subsequent ISDS or ISFT) or conducting Competitive Dialogue with Bidders in respect of it or any other communication between the Authority and any other party. In particular, Bidders should note that the Authority, in its absolute discretion, reserves the right at any time:

1.12.2 To reject Detailed Solutions which are late and/or incomplete and/or do not comply with the requirements of the ISDS;

1.12.3 To reject where the Bidder has failed to comply with the instructions stated in the ISDS Descriptive Document.

1.12.4 To disqualify any Bidder that makes material changes to any aspect of either its Pre-Qualification Questionnaire (PQQ) submission, or Detailed Solution unless requested to do so by the Authority or unless substantial justification can be provided to the satisfaction of the Authority;

1.12.5 to disqualify any Bidder that has made any material misrepresentation in its Detailed Solution, or in its response to the PQQ;

1.12.6 to seek clarification of any aspect of the Bidders’ Detailed Solutions;

1.12.7 to amend or add to its requirements relating to the submission of Detailed Solutions and/or in relation to the Project generally;

1.12.8 to extend or vary the Project timetable or procurement process including without limitation to introduce further stages into the process;


1.12.9 to reduce the number of solutions and/or Bidders during the Competitive Dialogue;

1.12.10 to reject any Detailed Solution and/or to withdraw from the Competitive Dialogue and/or negotiations with any one or more Bidder;

1.12.11 to accept any Detailed Solution either in whole or in part or parts;

1.12.12 not to accept the lowest priced Detailed Solution; and

1.12.13 to discontinue the procurement for the Project in its entirety or in relation to either Lot and not to enter into the relevant contract.

1.13 Stakeholder Requirements for Consultation

1.13.1 The Bidder will be expected to consult with all relevant bodies during the procurement, planning, design, implementation, operation and maintenance of its solution. These bodies may include but are not necessarily limited to the planning authority, Environment Agency, statutory undertakers, conservation groups, local residents, neighbourhood offices and any user group established by the Authority for this project. It will be for the Bidder to determine which parties should be consulted for each installation, subject to any arrangements that the Authority has already established.

1.14 Amendments to ISDS Documents

1.14.1 The Authority reserves the right to amend its requirements relating to the submission of Detailed Solutions by Bidders and/or in relation to the Competitive Dialogue and the Project generally. Any such amendments will be notified to Bidders. Any amended documents will be issued electronically in the data room via Pro Contract and will be deemed, thereafter, to replace any such documents previously issued to Bidders.

1.14.2 The Authority will consider whether the issue of any such amended documents will affect the indicative timetable or tendering process in general and may make such changes to the timetable or process (in its absolute discretion) as it considers necessary.

1.15 Consistency of Information

1.15.1 The Bidder must confirm in the solution that any statement made in the PQQ and Detailed Solution(s) remains true and accurate in all material respects, save as specifically disclosed within the submission. The Authority reserves the right to return to matters raised in the PQQ as part of the dialogue process, where circumstances have changed in some material respect. The Authority will consider whether the issue of any such amended documents will affect the indicative timetable or tendering process in general and may make such changes to the timetable or process (in its absolute discretion) as it considers necessary.


1.15.2 The ISDS Part 2 will set out the Authority’s current requirements in respect of the partner. In the event of any inconsistency or conflict between the ISDS and any documents previously issued by the Authority, the ISDS will take precedence over any documents previously issued.

1.16 Sub-contractors

1.16.1 The Authority is keen to ensure that the procurement is open to a wide market and that there is genuine competition. The resources, range and depth of skills needed to deliver the Authority Contracts and Framework Agreements could reside within a single organisation delivering the whole of the contract(s) or organisations that may wish to collaborate together or with others to form a consortium. Alternatively organisations may wish to enter into subcontracting arrangements to deliver certain aspects of the Authority Contracts and Framework Agreements.

1.16.2 If a Bidder is a member of a Consortium, the Detailed Solution must identify the Lead Bidder and all other relevant members of the Consortium.

1.16.3 All Bidders, regardless of whether or not they are in a Consortium, must identify all Key Sub-Contractors.

1.16.4 Detailed Solutions must be signed by the Bidder (or Lead Bidder in the case of Consortiums) and, where relevant, all members of the Consortium and all Key Sub-Contractors.

1.16.5 If applicable the Lead Bidder shall be the representative for the other members that form the Consortium and shall be responsible for the preparation and submission of the Detailed Solution.

1.16.6 Appendix 2 of the ISDS Part 1 document must be signed by the Bidder and also members of a Consortium and, where relevant all Key Sub-Contractors.

1.16.7 Where the composition of any Consortium changes and/or where there are any changes to any previously named Key Sub-Contractors, the Authority may request that the Bidder (or, where relevant, the Consortium) resubmits the whole or parts (at the Authority’s discretion) of its PQQ. The Authority shall then evaluate the resubmitted information against the published PQQ evaluation criteria. The Authority reserves the right to reject any Bidder and, where relevant, Consortium, in the event that, having re-evaluated the submitted information, the Bidder or Consortium would have failed to have been short-listed for this Detailed Solutions Stage.

1.16.8 Where, following evaluation, the Authority finds the new Consortium member or Key Sub-Contractor is unacceptable, it may request that the Lead Bidder find an alternative Consortium member and/or Key Sub-Contractor to replace the previous Consortium member or Key Sub-Contractor or the Authority may exclude the Bidder from further participation in the Competitive Dialogue.


1.16.9 Any proposal to change Consortium members and/or Key Sub-Contractor(s) must be notified to the Authority immediately.

1.16.10 Bidders will be required to complete Appendix 6 of the ISDS Part 1 document to confirm that there have not been any material changes since submission of their PQQ. The Authority reserves the right to return to any matters raised in the PQQ as part of the Competitive Dialogue, where circumstances have changed in some material respect. The Bidders are reminded that at all times, they are responsible for their own costs incurred in participating in this Competitive Dialogue.

1.16.11 Where a Bidder is a sole organisation, references in this document to “Bidder” shall mean that sole organisation and where the Bidder is a consortium, references to a “Bidder” shall mean the Lead Bidder and each consortium member.

1.16.12 The Authority recognises that arrangements in relation to consortia and sub-contracting may be subject to future change. Bidders should, therefore, respond in the light of such arrangements as are currently envisaged. In the event that a Bidder proposes a change in the membership of its consortium following the commencement of dialogue, the Lead Bidder must immediately inform the Authority of such change to the consortium (both additional members and departing members). This will allow the Authority to undertake an assessment of the new consortium member’s eligibility, economic and financial standing, and technical and professional ability and capacity. All other Bidders shall be deemed to have consented to changes in other Bidders’ consortia. The Authority reserves the right to refuse to consider or consent to changes in consortia.

1.16.13 If any of the information supplied in response to the PQQ changes at any subsequent stage in the procurement process, the Bidder is required to notify the Authority accordingly. In the case of a consortium submission, it is the responsibility of the Lead Bidder to send the information to the Authority.

1.16.14 The Authority reserved the right to exclude a Bidder at any stage of the PQQ process if it failed to satisfy (or having satisfied the Minimum Standards, circumstances change and it no longer satisfies) the Minimum Standards for any criterion. In addition, the Authority reserves the right to exclude a Bidder during the further stages if it no longer satisfies the Minimum Standards for any criterion. During the procurement process, Bidders will be required to confirm to the Authority:

Whenever there is a proposed change in a consortium structure or other material change, for example, a change in a Key Subcontractor; and/or

At each bid stage (ISDS and ISFT) there has been no material change to the information provided to the Authority at the PQQ stage.


1.16.15 Collectively, each entity that is invited to participate in CD (whether it is a single organisation or a consortium) is referred to as a Bidder.

1.16.16 In summary;

In the case of Consortia each group of Bidders must nominate a Lead Bidder for the purposes of communications with the Authority

Any bidding group must make clear its proposed constitution and structure and the relationships between members The Authority reserves the right to seek clarification regarding the

relationship between members of a group as part of its assessment


2. Procurement Process2.1 Project Governance

2.1.1 A Programme Board has been established within the Authority to oversee the delivery of this procurement process and ensure key decisions are taken at the appropriate time and that adequate resources are made available to support the process.

2.1.2 The Programme Executive is Huw Jones, Director of Environment & Economy. Other board members are from within the Authority and external advisors.

Table 2-1: Programme Board Members

Programme Board Role

Huw Jones Programme Executive

Graham Shaw Superfast Broadband - Project Sponsor

Sue Scane Section 151 Officer

Alexandra Bailey Senior Supplier, Community Engagement

Martin Tugwell Senior Supplier, Business Engagement

Cllr Carter Cabinet Member

Tom Scholes Senior User

Paul Inman Senior User

Richard Lundie-Sadd BDUK Representative – Steering Board Member

2.1.3 The Dialogue Team is made up of Council officers, and external advisers who have specialist financial, technical and legal skills. The core team, responsible for undertaking the work necessary to deliver this Project are:

Table 2-2: Dialogue Team Members

Dialogue Team Role

Jon Ray Project Manager

Gordon Fram Commercial Lead, Digby Consultancy Ltd

Martyn Ward Head of ICT

Neil Heyes Technical Advisor – Turner & Townsend Project Management Ltd

Gerrard Barker OCN Programme Manager


Dialogue Team Role

Rob Finlayson Finance Lead

Chris Rainbird Finance Advisor – Grant Thornton UK LLP

Christian Smith Legal LeadJames Hawkins and/or Amardeep Gill

Legal Advisor – Trowers & Hamlins LLP

Grant Cawte Procurement Lead

Hugh Galliers Procurement Support

Habiba Rye Procurement Support

Bambo Polydorou Procurement Advisor – Turner and Townsend Management Solutions Ltd

Giacomo Esposito Data Lead

2.1.4 In addition, further specialist support will be sought as this is judged to be necessary by the Authority as the procurement progresses, for example, risk management, insurance and communications.

2.2 Competitive Dialogue Process

2.2.1 Given the complexities of the Project, the Authority is using the Competitive Dialogue procurement procedure pursuant to the Public Contracts Regulations 2006. The Authority has generally adopted the Competitive Dialogue process in accordance with Regulation 18 of the 2006 Public Contracts Regulations.

2.2.2 The Authority has issued this ITPD to Bidders who have pre-qualified and have been short-listed following the PQQ published for the Project on 2 August 2012.

2.2.3 Accordingly, these Bidders are hereby invited to participate in the Dialogue Stage for their respective Lots.

2.2.4 The Authority anticipates that each Bidder’s proposed solution will use known technology, deployment and management approaches (though the Authority also encourages innovative approaches). As such the Authority has incorporated one distinct stage for the Competitive Dialogue; the Detailed Solution Stage (incorporating the ISDS). The procurement therefore has the following key stages:

Detailed Solution Stage

Final Tender Stage

2.2.5 The aim of the Detailed Solution Stage is to identify the Detailed Solution that can best meet the Authority’s requirements for this Project. This process will be used pragmatically and expeditiously with the aim of reaching a successful solution in a reasonable timescale.


2.2.6 The initial focus of the dialogue sessions will be on Lot 1, as the outcome for this Lot is a key input to defining the Authority’s sites that fall within the scope of Lot 2. Should the solutions proposed by the Bidders for Lot 1 negate the need for Lot 2 this part of the competition will be cancelled as detailed in the OJEU Contract Notice. Subject to there being a requirement for Lot 2 there may be a separate ISDS competition. However the Authority reserves the right not to proceed with Lot 2 at its absolute discretion. The Authority intends to brief Lot 2 Bidders on the process in November 2012, with dialogue commencing for Lot 2 once the need for Lot 2 is identified.

2.2.7 Each stage is summarised below and further detail on each stage is provided in the respective ISDS documents for each Lot.

2.3 Detailed Solution Stage

2.3.1 The purpose of this stage of the procurement is to ensure that all of the financial performance, technical and legal issues are sufficiently well developed to enable the Authority to be confident that one or more Detailed Solutions meets its requirements, thus enabling the Authority to close the Dialogue.

2.3.2 During the Detailed Solution Stage there will be a number of iterations around the solutions offered to allow the Bidders to develop their proposals to fulfil the Authority’s requirements. This will enable Bidders to put detailed commercial and technical proposals to the Authority to facilitate the negotiation of their acceptability. Technical, financial and contractual matters will need to be resolved before the Detailed Solution Stage is closed and the ISFT is issued in accordance with the procurement procedures relating to Competitive Dialogue.

2.3.3 Bidders Detailed Solutions responses will be evaluated by the Authority in accordance with the evaluation criteria set out in the ISDS Part 2. The Authority reserves the right to then conduct any further necessary dialogue, prior to formally moving to the Final Tender Stage of the procurement process.

2.3.4 The Authority will keep separate commentary tables of issues discussed in the Dialogue with each Bidder to record the positions that are reached with that Bidder at each stage of the Competitive Dialogue.

2.3.5 The Authority reserves the right to suspend dialogue with prior notice during the Detailed Solution Stage. If the Authority does suspend dialogue, it is anticipated that it will ask Bidders to submit draft Detailed Solutions which will be reviewed by the Authority. In addition, the Authority reserves the right to restart before deciding to close Dialogue.

2.3.6 The Authority may at its discretion introduce such additional stages to the Competitive Dialogue as it considers necessary.

2.3.7 The Authority reserves the right to decline to conduct any further dialogue at any stage.


2.4 Final Tender Stage

2.4.1 When the Authority is satisfied that it has found one or more solutions capable of meeting its requirements, the Authority will declare that the dialogue is concluded and invite Final Tenders “containing all the elements required and necessary for the performance of the Project on the basis of any solutions presented and specified during the dialogue” (Regulation 18(25)) via Pro Contract. In addition the Authority reserves the right to request Bidders to present their Final Tender.

2.4.2 Following submission of Final Tenders, the Authority will again carry out an evaluation and select the Bidder that represents the Most Economically Advantageous Tender. Such Bidder shall be known as the Preferred Bidder. The Authority will require the Preferred Bidder to agree a Preferred Bidder letter, the form of which will have been circulated by the Authority and agreed with each Bidder during Dialogue.

2.4.3 After selection of the Preferred Bidder, there may be further clarification of the Final Tender and confirmation of commitments within it but it is expected that agreement must have been reached on all commercial issues before close of dialogue and call for Final Tenders.

2.4.4 Bidders are reminded that pursuant to the 2006 Regulations, the Authority is only permitted to “clarify, specify and fine-tune” Final Tenders and similarly can only clarify and confirm commitments at the Preferred Bidder stage. This means that there will be no opportunity to leave matters open and/or to negotiate substantial issues with Bidders once Final Tenders have been submitted.

2.4.5 When the decision has been made by the Authority to award a Contract, “standstill / Alcatel” letters to all the Bidders will be dispatched in accordance with Regulation 32 of the 2006 Regulations.

2.4.6 The Authority will keep its approach to the ISFT under review and further details of the ISFT stage will be provided to those Bidders invited by the Authority to submit Final Tenders.

2.5 Timetable

2.5.1 The timetable that the Authority intends to follow for Lot 1 is shown in Table 2-3. The timetable that the Authority intends to follow for Lot 2 is dependent on the outcome of Lot 1. It is the Authority’s expectation that publishing these indicative timetables should ensure that Bidders are fully aware of the expectations that the Authority is placing upon them.

2.5.2 Bidders should note that this timetable is indicative only and the Authority reserves the right to change the timetable at any time.

Table 2-3: Indicative Procurement Time Table – Lot 1

Activity Finish By

Issue ITPD / ISDS Early November 2012Page 19


Activity Finish By

Dialogue Meetings Mid November – End December 2012

Final Dialogue Meeting End December 2012

Detailed Solutions submitted Late January 2013

Additional Potential Dialogue Meetings

Early-Mid February 2013

Close Dialogue & Final Tenders invited

Late February 2013

Bidders submit Final Tenders Mid March 2013

Evaluation of Final Tenders Late March 2013

Preferred Bidder selected Late March 2013

Table 2-4: Indicative Procurement Time Table – Lot 2 (Subject to the provision of 2.2.6)

Activity Finish By

Issue ITPD Early November 2012

Bidder briefing Mid November 2012

2.6 Evaluation Methodology

2.6.1 The underlying principle of the evaluation mechanism for both Lots 1 and 2 is to select the solution that provides the Most Economically Advantageous Tender to the Authority. The evaluation mechanism is designed to provide a structured and auditable approach to evaluating the solutions submitted by Bidders.

2.6.2 Two key high-level evaluation criteria will form the basis for the evaluation of detailed solutions and final tenders for both Lots. These criteria are set out in Table 2-5.

Table 2-5: Evaluation Criteria

Level 1 Lot 1 Lot 2Value and Pricing 35% TBC

Quality 65% TBCPage 20


2.6.3 Further details on the evaluation criteria, including sub-criteria, for each Lot are set out in the respective ISDS documents.

2.6.4 In evaluating responses the Authority will first consider whether the Bidder has complied with the information requirements set out in the ISDS, and submitted a complete submission. The Authority reserves the right not to consider the ISDS response where a Bidder has failed to provide the information required.


3. Contractual Overview3.1 Number of Contracts

3.1.1 Due to the nature of the requirements, the procurement will be tendered in two lots. The key requirements for these lots are set out in Table 3-6:

Table 3-6: Scope of services

Lot Scope of Services

1(a) Provision of open access infrastructure to facilitate both BDUK & Ofcom defined ‘Superfast’ broadband and basic broadband access to Oxfordshire. The infrastructure will cover the white areas, as defined by the European Commission, providing 90% coverage to Superfast broadband speeds and the remaining 10% to basic broadband speeds by December 2015.

1(b) Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide Superfast broadband into White areas not being addressed by the Authority.

2(a) Provision of site specific wholesale broadband infrastructure to replace existing edge site network connectivity at Authority specified sites only. These sites will be identified during the Authority prioritisation process and will not have been sufficiently addressed through the delivery of Lot 1.

2(b) Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide site specific broadband infrastructure to their sites not being addressed by the Authority.

3.1.2 The technical requirements are similar between Lot 1 and Lot 2; the main difference being that Lot 2 are site-specific as they have not been addressed through the geographic scope of Lot 1.

3.1.3 The Authority anticipates Lot 1(a) and Lot 2(a) to be contracted directly with the Authority under two separate contracts (the Authority Contracts) while also letting a separate Framework Agreement for each Lot for call-offs by Participating Bodies (Lot 1 (b) and Lot 2(b) (the Framework Agreements)).

3.1.4 The scope of services encompassed under the Framework Agreements is similar to the Authority Contracts though the white areas and specific sites will differ.


3.1.5 The Contract and Framework for Lot 1 (i.e. Lot 1(a) and Lot 1(b)) will be awarded to a single Bidder and the Contract and Framework for Lot 2 will also be awarded to a single Bidder. The successful Bidder for Lot 1 and Lot 2 may be the same or a different Bidder and each Lot is being evaluated separately.

3.1.6 Those Bidders who have pre-qualified for both Lots may submit detailed solutions and then final tenders for one or both lots should one or both Lots proceed to Final Tender. The Authority reserves the right, at its absolute discretion, to amend or cancel either of the Lots at any time, should it deem it necessary. Those Bidders still in the process at the time of any amendment or cancellation will be kept fully informed.

3.2 The Duration and Estimated Value of Contracts

3.2.1 Given the different requirement of each Lot the Contracts and Frameworks have different durations and values which are set out in Table 3-7 and align with values contained within the OJEU Contract Notice.

Table 3-7: Duration and Estimated value of each Lot

Lot Duration Potential value

1(a) Up to ten years with an option, exercisable by the Authority, to extend in accordance with the State-Aid requirements

£13m - £30m

1(b) A maximum period of four years

£2m - £10m

2(a) Five years £1m - £6m

2(b) A maximum period of four years

£2m - £4m

3.3 Requirements and Evaluation

3.3.1 The Authority has prepared a draft of its requirements and evaluation strategy for Lot 1 which is set out in the ISDS Part 2: Requirements & Evaluation. This sets out the service outputs, performance targets, priorities, service standards that will be required under the Authority’s Contracts for Lots 1(a) and 1(b) and the evaluation model.

3.3.2 The draft Requirements and Evaluation document is based on the requirements and evaluation methodology developed by BDUK for its Broadband Delivery Framework, suitably amended to meet the Authority’s requirements.


3.3.3 The draft Requirements and Evaluation document has been prepared to assist Bidders with the development of their detailed solutions.

3.3.4 The draft Requirements and Evaluation document will be subject to modification and enhancement as the Detailed Solution Stage progresses.


4. Background Information4.1 Structure of this Section

4.1.1 This Section provides background information on:

The Oxfordshire Landscape

Outline of Oxfordshire’s broadband make-up

Meeting the Rural Challenge

Oxfordshire’s Digital Strategy

Current and Committed Superfast Broadband Provision

4.1.2 Further background information is available in the data room.

4.2 The Oxfordshire Landscape

4.2.1 Oxfordshire contains a unique combination of factors which continue to attract residents, businesses and investment. The county is the most rural one in the South East and yet it is only an hour or so away from important transport links: key international airports (Heathrow and Birmingham International) and mainline rail stations (central London and Birmingham terminals).

4.2.2 Whilst Oxfordshire sits towards the geographical heart of the UK and also has a relatively modest population of around 635,500, of which over half live in towns or villages of less than 10,000 people.

4.2.3 Very few places, however, can claim to host the rare mixture of expertise, innovative industry and entrepreneurial spirit as is found in Oxfordshire. The county has a thriving SME culture, with over 27,000 small and medium-sized enterprises, and world-class business clusters include bioscience, advanced motorsport engineering, scientific research and cryogenics which together provide employment and key services to local communities, driving new technology, new markets, and ground-breaking developments which aid every aspect of UK industry and commerce.

4.2.4 Oxfordshire is at the hub of the country’s knowledge economy, to which as many as six in ten future jobs will belong. It provides the technology, the development and the expertise which define much of the UK’s economic and commercial future. Over half (55%) of Oxfordshire’s workforce is in knowledge-intensive sectors.

4.2.5 Already globally competitive, Science Vale UK, the county’s science and technology heart, is larger than that of Cambridge and, indeed larger than that of MIT in the USA. In total the area contains 13% of all research and development employment in the south east, and 4% nationally. The importance of Science Vale UK has been recognised by


the recent designation of both Milton Park and the Harwell Campus as an Enterprise Zone, where an estimated additional 8,400 jobs will be created by 2015.

4.2.6 The workforce is amongst the most highly-qualified in the country. Together, these strengths have established the county as a world leader in high-tech, high-value growth. The county is also home to Oxford and Oxford Brookes University, Europe’s best university and the UK’s best new university respectively. Both are globally recognised centres of excellence for learning and research.

4.3 Outline of Oxfordshire’s Broadband Make-up

4.3.1 Strong broadband connections and mobile coverage are vital to the local economy. In 2009, the UK was ranked 66th in an international survey of broadband quality (survey by Said Business School, 2010). Whilst Oxfordshire’s economy compares favourably with many other areas within the UK, it does so in spite of considerable gaps in its digital infrastructure.

4.4 Meeting the Rural Challenge

4.4.1 Oxfordshire’s unique combination of factors will continue to attract residents, businesses and investment. However, despite the obvious benefits of setting up and running businesses in Oxfordshire, there are still significant gaps in its digital infrastructure. Whilst private sector plans exist to improve digital connectivity, these centre around the county’s most densely populated areas. In urban areas there is a clear pattern where Superfast broadband is widely available from a variety of providers. For example, Oxford City is expected to have 97%+ Superfast availability. However, if you look at more rural areas, the same estimate for the Vale of White Horse District (VOTWH) will only be approximately 62%. There is also significant variation between speeds in Oxfordshire’s urban and rural areas. Some 2% of premises in Oxford City (Oxfordshire’s only urban district) are in basic broadband white areas, and this figure rises to 9% for the rural districts of Vale of the White Horse and West Oxfordshire.

4.4.2 Further detail and statistics on residential and commercial premises in Oxfordshire can be found in the data room.

4.5 Oxfordshire’s Digital Strategy

4.5.1 Oxfordshire’s strategy, a joint approach, strongly supported by the 5 district authorities in Oxfordshire, the Oxfordshire Local Enterprise Partnership (LEP), and by Oxfordshire's 6 MPs, has had and will continue to have a key focus on the following:

Big Society - Supporting communities who have expressed interest in better broadband. Improving access to services by enabling people to live independently and healthily by accessing online.


Economic Development - Supporting the development of the local economy by focusing on supporting home working and home businesses.

Oxfordshire Community Network - Maximise the impact on raising educational attainment by supporting schools and their local communities through better broadband. Support the decommissioning of the Oxfordshire Community Network by prioritising key sites; this has already been agreed by the Authority as a major priority and forms part of this Competitive Dialogue

4.5.2 Improved connectivity will also particularly help rural businesses and act as a catalyst to allow them to access faster countywide networks and the county’s fast growing high-tech economy. The desire for Superfast Broadband connection to commercial premises can be further demonstrated in the 2011 Oxfordshire Business Broadband Survey conducted by the Authority. The survey results can be obtained in the data room. Widespread Superfast broadband connectivity will attract new businesses to Oxfordshire by allowing them to tap into, and become part of the county’s burgeoning high-tech economy. With science and research at the heart of the Government’s long-term vision for the UK economy, Oxfordshire already provides the future economic engine for Britain, helping businesses flourish, technologies transfer into industries and delivering the entrepreneurs of tomorrow.

4.5.3 Considering the importance of the County’s Small and Medium Enterprises to its economy as well as the fact that the majority of these are in rural locations, there is a significant case for public sector intervention. Overarching improved connectivity is needed to ensure people, households and businesses are linked up effectively and business based applications such as cloud-computing, video-conferencing or other business related services can also all be used effectively. It is estimated that the successful implementation of Superfast Broadband throughout Oxfordshire would produce a gross value added (GVA) rise of £0.5 billion across Oxfordshire by 2020.

4.6 Current and Committed Superfast Broadband Provision

4.6.1 Work undertaken by Analysys Mason has estimated that by 2015, the private sector will provide 72% of Oxfordshire premises with next generation coverage. Data from BDUK suggests this figure could be lower, at 68%. Such minor inconsistencies are to be expected and figures will continue to be refined as the Project continues. More importantly, both figures mask significant variation between speeds in Oxfordshire’s urban and rural areas. Surveys undertaken by the Authority and by communities via their parish plans, show that speeds can be very low. 48% of those who responded to the Authority’s Residents Broadband Survey had speeds of less than 2Mbps. Moreover these findings are consistent with data provided by BDUK, which indicates wide disparity in service between Oxford City and the


county’s remaining four districts, all of which are classed as rural (see Tables 4-1 and 4-2 below).

Table 4-8: Oxfordshire basic broadband black, grey, white area split2.

District White Premises

% Grey Premises

% Black Premises

% Total

Cherwell 3,992 6% 43,936 71% 14,195 23% 62,123Oxford City 998 2% 14,277 24% 45,301 75% 60,576South Oxfordshire

4,151 7% 42,842 72% 12,476 21% 59,469

VOTWH 4,957 9% 23,657 44% 24,991 47% 53,605West Oxfordshire

4,518 9% 29,722 62% 13,639 28% 47,879

Oxfordshire 18,616 7% 154,434 54% 110,602 39% 283,652

Table 4-9: Oxfordshire Superfast broadband black, grey, white area split

District WhitePremise

s

% GreyPremises

% BlackPremises

% Total

Cherwell 17,824 29% 30,323 49% 13,976 22% 62,123Oxford City 1,632 3% 14,543 24% 44,401 73% 60576South Oxfordshire

25,712 43% 23,651 40% 10,106 17% 59469

VOTWH 20,421 38% 12,745 24% 20,439 38% 53605West Oxfordshire

24,833 52% 12,154 25% 10,892 23% 47879

Oxfordshire 90,422 32% 93,416 33% 99,814 35% 283,652

4.6.2 BDUK data estimates indicate that approximately a third of premises in the county will not achieve Superfast broadband without public sector intervention. While Oxfordshire’s main urban areas are expected to see upwards of 95%+ coverage, the gaps become more pronounced in the rural areas. For example, Oxford City is expected to have 97%+ Superfast availability whereas the estimate for the Vale of White Horse District will only be approximately 62%. Considering the importance of the county’s SMEs to its economy as well as the fact that the majority of these are in rural locations, there is a significant case for public sector intervention.

4.6.3 The private sector has made recent progress in improving internet access. BT has 88 enabled exchanges in Oxfordshire, serving a total of approximately 283,652 premises, which are all able to supply a

2 A white area is assessed as having no basic broadband market. In a grey area there is one basic broadband provider, but no competitive market and in a black area there is more than one basic broadband provider.


moderate connection speed (up to 8Mbps). BT is working on improving the capabilities of some of the exchanges to deliver even faster speeds of up to 20/24Mbps through ADSL2+.

4.6.4 However, according to data provided by BDUK, only 17 exchanges in Oxfordshire have been, or are planned to be Superfast enabled. Bidders should be aware that not all cabinets connected to these enabled exchanges will themselves necessarily have fibre to the cabinet (FTTC). It’s likely that many of these cabinets would be picked up as part of Oxfordshire’s plan; however details will remain unclear until private sector plans for rollout are further communicated.

4.6.5 Furthermore, additional private sector work is underway to increase the number of service providers available through use of ‘local loop unbundling’ (LLU) technology. This will improve the level of market competitiveness for premises affected; potentially improving choice and/or lowering prices of services.

4.6.6 Further details and maps on the above may be found in the data room.


Appendix 1: OJEU Contract NoticeA1.1.1 The OJEU Contract Notice for this procurement is provided below for

ease of reference.

Contract NoticeSection I: Contracting authorityI.1) NAME, ADDRESSES AND CONTACT POINT(S)

Official name: Oxfordshire County CouncilPostal address: New RoadTown: OxfordPostal Code: OX1 1NDCountry: UKContact point(s):For the attention of: Hugh GalliersTelephone: +44 1865 323897E-Mail: [email protected]:

Internet address(es) (if applicable):General address of the contracting authority (URL):www.oxfordshire.gov.uk

Address of the Buyer Profile (URL):www.businessportal.southeastiep.gov.uk

Electronic access to information (URL) :www.businessportal.southeastiep.gov.uk

Electronic submission of tenders and requests to participate (URL) :www.businessportal.southeastiep.gov.uk

Please use Annex A to provide more detailed information

Further information can be obtained at:

As in above mentioned contact point(s)Other: please complete Annex A.I

Specifications and additional documents (including documents for competitive dialogue and a Dynamic Purchasing System) can be obtained at:


http://www.businessportal.southeastiep.gov.uk/



http://www.oxfordshire.gov.uk/

As in above mentioned contact point(s)Other: please complete Annex A.II

Tenders or requests to participate must be sent to:

As in above mentioned contact point(s)Other: please complete Annex A.III

I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES

National or federal agency/office

Regional or local authorityRegional or local agency/office

Body governed by public law

European institution/agency or international organisation

Other (please specify below)

Activity/Activities

General public servicesDefence

Public order and safety

Environment

Economic and financial affairs

Health

Housing and community amenities

Social protection

Recreation, culture and religion

Education

Other (please specify below)

The contracting authority is purchasing on behalf of other contracting authorities


YesNo

Section IIA: Object of the contract(Works)II.1) Description

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

Superfast Broadband for Oxfordshire

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

Category: SuppliesPurchaseMain place of performance: OxfordshireNUTS code: UKJ14

II.1.3) The notice involves

A public contractThe setting up of a Dynamic Purchasing System (DPS)

The establishment of a framework agreement

II.1.4) Information on framework agreement (if applicable)

Framework agreement with several operators

Framework agreement with a single operator

If with several operators, number of participants to the framework agreement envisaged:

Number:Page 32


OR, if applicable,

maximum number:

Duration of the framework agreement:

Duration in year(s):

or month(s): 48

Justification for a framework agreement the duration of which exceeds four years:

Estimated total value of purchases for the entire duration of the framework agreement (if applicable, give figures only):

Estimated value excluding VAT:

Currency: GBP

OR Range: between 2 000 000 and 10 000 000 for Lot 1(b)AND between 2 000 000 and 4 000 000 for Lot 2(b)

Currency: GBP

Frequency and value of the contracts to be awarded (if known):

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

Oxfordshire County Council (OCC), the Contracting Authority, is seeking an innovative private sector partner to provide broadband infrastructure through long-term arrangements (the OCC Contract) and separate frameworks for Participating Bodies (the Framework Agreement).

The partner will be required to provide both BDUK & Ofcom defined ‘Superfast’ broadband with minimum speeds of 24Mbps and basic broadband with minimum speeds of 2Mbps. The Contracting Authority requires the partner to design, implement, operate and maintain this wholesale broadband infrastructure in order to provide wholesale broadband services to retail service providers, which in turn, would be able to provide services to business and residential consumers, including public sector organisations.


The provision of the wholesale broadband infrastructure will be targeted at those geographical areas (e.g. rural areas) of Oxfordshire where the market is failing to provide wholesale broadband infrastructure (termed ‘White areas’ and more fully defined in section VI.3). The partner will, therefore, be required to implement wholesale broadband infrastructure in those areas of Oxfordshire where there is no market presence now or expected over the next three years. This will require a comprehensive, and flexible, prioritisation process allowing OCC, during the lifetime of the project, to adjust the priority of locations across the county in order to maximise the coverage and efficiency of the programme.

In addition, OCC requires that a number of OCC specified sites that are not sufficiently addressed through the provision of BDUK & Ofcom defined Superfast broadband are provided with alternative infrastructure to facilitate site-specific broadband infrastructure.

The requirements have been grouped into the following lots:

Lot 1(a):

Provision of open access infrastructure to facilitate BDUK & Ofcom defined Superfast broadband and basic broadband access to Oxfordshire. The infrastructure will cover the White areas, as defined by the European Commission, providing 90% coverage to BDUK & Ofcom defined Superfast speeds and the remaining 10% to basic broadband speeds by December 2015.

The procurement will include a comprehensive, and flexible, prioritisation process allowing OCC, during the lifetime of the project, to adjust the priority of locations across the county in order to maximise the coverage and efficiency of the programme.

Lot 1(b):

Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide BDUK & Ofcom defined Superfast broadband into White areas not being addressed by OCC.

Lot 2 (a):


Provision of site specific broadband infrastructure to replace existing edge site network connectivity at OCC specified sites only. These sites will be identified during the OCC prioritisation process and will not have been sufficiently addressed through the delivery of Lot 1.

Lot 2 (b):

Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide site specific broadband infrastructure to their sites not being addressed by OCC.

The Contracting Authority reserves the right to withdraw some of the Lots. Applicants may bid for one or both lots.

The Contracting Authority anticipates Lot 1(a) and Lot 2(a) to be contracted directly with OCC under two separate contracts. In addition separate Framework Agreements for Lot 1(b) and Lot 2(b) will be provided to enable call-offs by Participating Bodies.

The direct contract between the partner and OCC for Lot 1(a) for the development of the wholesale broadband infrastructure will be supported through the provision of public funding through the Broadband Development UK (BDUK) programme and by OCC itself. The use of public funding in this way means that State Aid considerations will apply, including:

The specification of requirement is output based and technology neutral (favouring neither active nor passive infrastructure)

The partner will be expected to offer wholesale services to other retail service providers on a transparent and non-discriminatory basis for at least 7 years

The contract will include a claw-back mechanism to reinvest any excess subsidy for further broadband roll out and include reporting obligations in order to account for sensitivity to take-up rate, deployment cost and non-broadband product revenue

The contract will incorporate a benchmarking mechanism to ensure that prices offered by the supplier are controlled in line with the market

Where possible, the partner will be expected to make use of existing infrastructure

The National Regulatory Authority – Ofcom – will be consulted and updated as the project develops

The partner will be expected to own and manage the risks associated with developing and operating a wholesale broadband network, including but not limited to take-up risk.


Despite the use of public funding, the Contracting Authority anticipates that to meet its requirements the partner may also need to make a financial contribution and the Contracting Authority wishes to explore through this procurement the best way for this contribution to be made.

It is anticipated that the partner will need to deliver the services from March 2013. Further details are set out in the Pre-Qualification Questionnaire (Information Document).

The scope of work encompassed under the Framework Agreements remains the same as the OCC Contracts. The Participating Bodies (i.e. the only bodies entitled to enter into call off contracts under the relevant Framework Agreement) are set out below:

The district councils and borough councils in Oxfordshire which are Oxford City Council, Cherwell District Council, South Oxfordshire District Council, Vale of White Horse District Council and West Oxfordshire District Council;

All parish councils in Oxfordshire (details of which can be found at: http://mycouncilpages.oxfordshire.gov.uk/mgParishCouncilDetails.aspx?LS=17&SLS=4&bcr=1.);

All maintained schools in Oxfordshire (including voluntary controlled and voluntary aided schools), free schools, academies, further education colleges (which are Oxford and Cherwell Valley College, Abingdon and Witney College, The Henley College), Oxford University and Oxford Brookes University;

Thames Valley Police, all NHS Bodies in Oxfordshire and all other contracting authorities under the public contracts regulations 2006.

The Contracting Authority is acting as a central purchasing body through which the Participating Bodies may wish to procure substantially similar services to those included in the OCC Contract under a separate framework agreement but without any obligation on the Participating Bodies to participate. Accordingly it is the intention that the Participating Bodies should be able to rely on this procurement to purchase such services without the need for any further procurement process.


The duration of an individual call-off contract under any Framework Agreement will not necessarily be limited to four years but will be governed by the subject matter of the call-off contract concerned. The form of the call-off contract will be agreed during the current procurement process subject to the right to make specific amendments in respect of an individual call-off.

It should also be noted that in the event of restructuring within local government and/or the wider public sector that this procurement and / or the OCC Contracts and any Framework Agreement awarded will pass to successor authorities to the Contracting Authority or any of the Participating Bodies that are public sector bodies, local authorities or state-funded schools.

No guarantee or warranty is given as to the nature or volume, if any, of the services or the number of calloffs, if any, under any Framework Agreement.

The Contracting Authority reserves the right to award only one of the OCC Contracts, and also reserves the right not to award any Framework Agreement or alternatively to award the OCC Contracts and any Framework Agreement at different stages of the procurement process.

Bidders should note that post contract award the scope of the contract may be subject to minor variations to cater for urgent and/or unforeseen additional works/services falling within the core requirements and identified elsewhere in this notice.

II.1.6) Common Procurement Vocabulary (CPV)

Main object: [64200000] Telecommunications services

Additional objects [32400000] Networks[32500000] Telecommunications equipment and supplies[50300000] Repair, maintenance and associated services related to personal computers, office equipment, telecommunications and audio-visual equipment[51300000] Installation services of communications equipment[71316000] Telecommunication consultancy services[72200000] Software programming and consultancy services[72300000] Data services


[45230000] Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork [45314000] Installation of telecommunications equipment[48200000] Networking, Internet and intranet software package[48500000] Communication and multimedia software package[72700000] Computer network services[72400000] Internet services

II.1.7) Contract covered by the Government Procurement Agreement (GPA)

YesNo

II.1.8) Division into lots (for information about lots, use Annex B as many times as there are lots)

No

Yes

If yes, tenders should be submitted for (tick one box only)

one lot

one or more lotsall lots

II.1.9) Variants will be accepted

NoYes

II.2) QUANTITY OR SCOPE OF THE CONTRACT

II.2.1) Total quantity or scope (including all lots and options, if applicable)


The scope of this procurement is described in Part II.1.5 of this OJEU Notice (Short Description of this Contract) and further detailed in the Pre-Qualification Questionnaire document.

Lot 1 has a total value range of £15 000 000 - £40 000 000, Lot 2 has a total value range of £3 000 000 - £10 000 000.

The contract term for the OCC Lot 1(a) direct contract is envisaged to be for up to ten years with an option exercisable by the Contracting Authority to extend in accordance with the State-Aid requirements.

The contract term for the OCC Lot 1(b) Framework Agreement is for a maximum period of four years

The contract term for the OCC Lot 2(a) direct contract is five years.

The contract term for the OCC Lot 2(b) Framework Agreement is for a maximum period of four years.

As indicated in the Tender Documentation.

If applicable, estimated value excluding VAT (give figures only):

Currency: GBP

OR Range: between 18 000 000And 50 000 000Currency: GBP

II.2.2) Options (if applicable)

YesNo

If yes, description of these options

The contract term for the OCC Lot 1(a) direct contract is envisaged to be for up to ten years with an option exercisable by the Contracting Authority to extend in accordance with the State-Aid requirements.


If known, provisional timetable for recourse to these options (from the award of the contract):

in Months:

or Days:

Information about Renewal (if applicable)

This contract is subject to renewal:

Yesno

Number of possible renewals (if any)

OR Range: between

and

If known, in the case of renewable supplies or service contracts, estimated time-frame for subsequent contracts (from the award of the contract)

Months:

or Days:

II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION

Duration (from the award of the contract)

in Months: 120or Days:

-- OR (in dd/mm/yyyy) --

Starting:

Completion:


Section III: Legal, economic, financial and technical information

III.1) Conditions relating to the contract

III.1.1) Deposits and guarantees required (if applicable)

Parent company guarantees, deposits, bonds or other forms of appropriate security may be required for the OCC Contracts and any Framework Agreement. Further details will be included in the tender documents.

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

These will be set out in the tender documents and be developed through the competitive dialogue process.

III.1.3) Legal form to be taken by the grouping of economic operators to whom the contract is to be awarded (if applicable)

The Contracting Authority will require the OCC Contracts and any Framework Agreement to be with a legal entity. It reserves the right to require groupings of contractors to take a particular legal form or to require a single contractor to take primary liability. Members of any consortium shall be jointly and severally liable. Legal bodies shall be companies or partnerships. The model for the delivery vehicle will be developed through the competitive dialogue process.

III.1.4) Other particular conditions to which the performance of the contract is subject

Yes No

If yes, description of particular conditions


As set out in the Pre-Qualification Questionnaire

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 requirements are met


III.2.2) Economic and financial capacity

Information and formalities necessary for evaluating if requirements are met:


Minimum level(s) of standards possibly required (if applicable):


III.2.3) Technical capacity

Information and formalities necessary for evaluating if requirements are met:


Minimum level(s) of standards possibly required (if applicable):


III.2.4) Reserved contracts (if applicable)

Yes

No

The contract is restricted to sheltered workshops


The execution of the contract is restricted to the framework of sheltered employment programmes

III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS

III.3.1) Execution of the service is reserved to a particular profession

Yes

NoIf yes, reference to the relevant law, regulation or administrative provision

III.3.2) Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service

Yes

No

Ministry or any other national or federal authority, including their regional or local sub-divisions

Section IV: Procedure

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of procedureOpen

Restricted

Accelerated restricted

Negotiated

Acclerated negotiated

Competitive dialogue


(for *Accelerated restricted* only)

Justification for the choice of accelerated procedure

(for *Negotiated* only)

Candidates already been selected? (if applicable)

Yes

No

If yes, provide names and addresses of economic operators already selected under

Section VI.3) Additional Information

(for *Accelerated negotiated* only)Justification for the choice of accelerated procedureIV.1.2) Limitations on the number of operators who will be invited to tender or to participate (restricted and negotiated procedures, competitive dialogue).

Envisaged number of operators

OR envisaged minimum number

3and, if applicable, maximum number

5Objective criteria for choosing the limited number of candidates:


IV.1.3) Reduction of the number of operators during the negotiation or dialogue (negotiated procedure, competitive dialogue)


Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated

YesNo

IV.2) AWARD CRITERIA

IV.2.1) Award criteria (please tick the relevant box(es))

Lowest price

OR the most economically advantageous tender in terms of

(select an option below):

The criteria stated below (the award criteria should be given with their weighting or in descending order of importance where weighting is not possible for demonstrable reasons)

OR

The criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

Criteria Weighting

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

IV.2.2) An electronic auction will be usedPage 45


Yes

No

If yes, additional information about electronic auction (if appropriate)

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) File reference number attributed by the contracting authority (if applicable)

CPU673

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

YesNo

If, yes (click one only)

Prior Information Notice

Notice on a Buyer Profile

Notice number in OJ: 2012/S 100-166206

of (dd/mm/yyyy): 26/05/2012

Other previous publications (if applicable)

Notice number in OJ:

of (dd/mm/yyyy):

Notice number in OJ:Page 46


of (dd/mm/yyyy):

IV.3.3) Conditions for obtaining specifications and additional documents (except for a DPS) or descriptive document (in case of a competitive dialogue)

Time-limit for receipt of requests for documents or for accessing documents

Date (dd/mm/yyyy):

Time:

Payable documents

Yes

NoIf yes, Price (give figures only)

Currency: GBP

Terms and method of payment:

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

Date (dd/mm/yyyy): 03/09/2012Time: 12:00

IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates (if known) (in case of restricted and negotiated procedures, and competitive dialogue)

Date (dd/mm/yyyy):

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


es

cs

da

de

et

el

enfr

it

lv

lt

hu

mt

nl

pl

pt

sk

sl

fi

sv

Other:

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

Until (dd/mm/yyyy):

OR Duration (from date stated for receipt of tenders):

in Months:

or Days:

IV.3.8) Conditions for opening tenders

Date (dd/mm/yyyy):


Time: 00:00

Place (if applicable):

Persons authorised to be present at the opening of tenders (if applicable)

yes

no

Section VI: Complementary informationVI.1) THIS IS A RECURRENT PROCUREMENT (if applicable)

yes

noIf yes, estimated timing for further notices to be published

VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY European Union FUNDS

yes

noIf yes, reference to project(s) and/or programme(s):

VI.3) ADDITIONAL INFORMATION (if applicable)

1. The Contracting Authority is seeking to award the OCC Contract for the periods stated in section II.2.1 and the Framework Agreement for the periods stated in section II.1.4. The Contracting Authority reserves the right to award only one of the OCC Contracts, and also reserves the right not to award any Framework Agreement, or alternatively to award the OCC Contracts and any Framework Agreement at different stages of the procurement process. The Contracting Authority also reserves the right to withdraw some of the lots. The duration of any individual call-off contract under any Framework Agreement will not necessarily be limited to the period stated in section II.1.4 but will be governed by the subject matter of the call-off contract concerned.


2. It is for those invited to participate in dialogue to satisfy themselves as to the position but it is the initial view of the Contracting Authority that the Transfer of Undertakings (Protection of Employment) Regulations 2006 will not apply to the OCC Contract and potentially any call-off agreements let under the terms of any Framework Agreement.

3. The Pre-Qualification Questionnaire and Initial Descriptive Document will be sent to all persons expressing an interest to the address in section I.1 within the time stipulated as below.

4. Requests to participate must be by way of completion and return of the Pre-Qualification Questionnaire by the date and time specified in IV.3.4. For this particular tender please read and follow the instructions below carefully.

5. The tender process will be conducted via the Contracting Authorities e-tendering system https://www.businessportal.southeastiep.gov.uk, submitted documents can be in any Microsoft format. Bidders should be aware that it is intended to make the Pre-Qualification Questionnaire available through this system on Friday 3rd August 2012.

6. The White areas are defined by European Commission’s Broadband Guidelines as areas where BDUK & Ofcom defined Superfast broadband networks do not at present exist and where they are not likely to be built and be fully operational in the coming three years by private investors.

VI.4) PROCEDURES FOR APPEAL

VI.4.1) Body responsible for appeal procedures

Official name: See VI.4.2Postal address:

Town:

Postal Code:

Country: UKE-Mail:

Telephone


Internet address (URL)

Fax:

Body responsible for mediation process (if applicable)


Town:

Postal Code:

Country: UKE-Mail:

Telephone

Internet address

(URL)

Fax:

VI.4.2) Lodging of appeals (please fill heading VI.4.2 OR, if need be, heading

VI.4.3)Precise information on deadline(s) for lodging appeals:

The Contracting Authority will incorporate a minimum 10 calendar day standstill periods at the point information on the award of the contract is communicated to tenderers.

If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5) (as amended) 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 brought generally within 30 days. Where a contract has not been entered into, the Court may award the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the court may render it ineffective and set it aside or award damages (the purpose of the standstill period referred to above is to allow parties to apply to the Court before the contract is entered into).


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


Town:

Postal Code:

Country: UKE-Mail:

Telephone


Fax:

VI.5) DATE OF DISPATCH OF THIS NOTICE (dd/mm/yyyy):01/08/2012

Annex A: Additional addresses and contact points

I) ADDRESSES AND CONTACT POINTS FROM WHICH FURTHERINFORMATION CAN BE OBTAINED

Official name: Oxfordshire County CouncilPostal address: County Hall, New RoadTown: OxfordPostal Code: OX1 1NDCountry: UKContact point(s):

For the attention of

Telephone

Fax:

E-Mail:



II) ADDRESSES AND CONTACT POINTS FROM WHICH SPECIFICATIONS AND ADDITIONAL DOCUMENTS CAN BE OBTAINED

(INCLUDING DOCUMENTS FOR COMPETITIVE DIALOGUE AS WELL AS A DYNAMIC PURCHASING SYSTEM)

Official name:

Postal address:

Town:

Postal Code:

Country:

Contact point(s):


Telephone

Fax:

E-Mail:


III) ADDRESSES AND CONTACT POINTS TO WHICH TENDERS/REQUESTS TO PARTICIPATE MUST BE SENT

Official name:

Postal address:

Town:

Postal Code:

Country:

Contact point(s):


Telephone

Fax:

E-Mail:


IV) Address of the other contracting authority on behalf of which the contracting authority is purchasing


Official name: As per pqq and tender documentationPostal address:

Town:

Postal Code:

Country: UKContact point(s):


Telephone

Fax:

E-Mail:


Annex B: Information about lots

Lot No: 1Lot Title: BDUK & Ofcom defined Superfast broadband & Basic Broadband Infrastructure for White Areas

1) SHORT DESCRIPTION

Lot 1(a):

Provision of open access infrastructure to facilitate BDUK & Ofcom defined Superfast broadband and basic broadband access to Oxfordshire. The infrastructure will cover the ‘White areas’, as defined by the European Commission, providing 90% coverage to BDUK & Ofcom defined Superfast speeds and the remaining 10% to basic broadband speeds by December 2015.

The procurement will include a comprehensive, and flexible, prioritisation process allowing OCC, during the lifetime of the project, to adjust the priority of locations across the county in order to maximise the coverage and efficiency of the programme.

Lot 1(b):


Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide BDUK & Ofcom defined Superfast broadband into White areas not being addressed by OCC.

2) COMMON PROCUREMENT VOCABULARY (CPV)

Main object [64200000] Telecommunications servicesAdditional objects: [32400000] Networks[32500000] Telecommunications equipment and supplies[50300000] Repair, maintenance and associated services related to personal computers, office equipment, telecommunications and audio-visual equipment[51300000] Installation services of communications equipment[71316000] Telecommunication consultancy services[72200000] Software programming and consultancy services[72300000] Data services[45230000] Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork [48200000] Networking, Internet and intranet software package[48500000] Communication and multimedia software package[72700000] Computer network services[72400000] Internet services

3) QUANTITY OR SCOPEIf known, estimated value excluding VAT (give figures only):

Currency: GBP

OR Range: between 15 000 000and 40 000 000Currency: GBP

4) INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION (if applicable)

Duration (from the award of the contract)Page 55


in Months:

or Days:


starting:

completion:

5) ADDITIONAL INFORMATION ABOUT LOTS

The White areas are defined by European Commission’s Broadband Guidelines as areas where BDUK & Ofcom defined Superfast broadband networks do not at present exist and where they are not likely to be built and be fully operational in the coming three years by private investors.

Annex B: Information about lots

Lot No: 2

Lot Title: Site Specific broadband infrastructure for Oxfordshire

1) SHORT DESCRIPTION

Lot 2(a):

Provision of site specific broadband infrastructure to replace existing edge site network connectivity at OCC specified sites only. These sites will be identified during the OCC prioritisation process and will not have been sufficiently addressed through the delivery of Lot 1. Lot 2(b):

Provision of a single supplier framework to allow Participating Bodies to use additional funding to provide site specific broadband infrastructure to their sites not being addressed by OCC.


2) COMMON PROCUREMENT VOCABULARY (CPV)

Main object [64200000] Telecommunications servicesAdditional objects: [32400000] Networks[32500000] Telecommunications equipment and supplies[50300000] Repair, maintenance and associated services related to personal computers, office equipment, telecommunications and audio-visual equipment[51300000] Installation services of communications equipment[71316000] Telecommunication consultancy services[72200000] Software programming and consultancy services[72300000] Data services[45230000] Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork [48200000] Networking, Internet and intranet software package[48500000] Communication and multimedia software package[72700000] Computer network services[72400000] Internet services

3) QUANTITY OR SCOPEIf known, estimated value excluding VAT (give figures only):

Currency: GBP

OR Range: between 3 000 000and 10 000 000

Currency: GBP

4) INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION (if applicable)

Duration (from the award of the contract)

in Months:


or Days:


starting:

completion:

5) ADDITIONAL INFORMATION ABOUT LOTS
