Tyisha is changing - Looking for a development partner

1. The rationale for issuing the PIN is:-
   1. to alert the marketplace of the Council's requirements for, and ascertain the level of interest in relation to, the Project (as defined below); and
   2. to initiate a soft market testing exercise by undertaking a non-binding pre-tender market engagement (Market Engagement) with interested parties to explore the range of potential solutions proposed in relation to the Project.
2. In summary, the Council's requirement relates to the appointment (via a regulated procurement exercise) of a development partner to deliver an exciting and ambitious redevelopment regeneration of the Tyisha ward in Llanelli (Project).
3. This supplementary information provides outline information in relation to the Project and the Market Engagement exercise that the Council proposes to undertake.
4. Although it is intended that the proposed procurement of the Project will take place in accordance with the timetable set out in this document, the Council reserves the right to terminate, amend or vary the proposed procurement process at any time.
5. Whilst reasonable care has been taken in preparing this information, neither the Council nor any of its advisers accepts any liability or responsibility for the adequacy or completeness of its content, or any information or opinions stated. No representation or warranty, express or implied, is or will be given by the Council or any of its representatives, employees, agents, or advisers with respect to the document or that on which they are based. Any liability for such matters is expressly disclaimed.
6. All descriptions, data, reference to conditions and other details set out in this document are given without responsibility and may not be relied on as statement or representation of fact.
7. Any organisation participating in the Market Engagement exercise in relation to the Project must satisfy itself by inspection or otherwise as to the correctness of any information provided by the Council.
8. The Council reserves the right, without prior notice, to change the basis of, or the procedures for the Market Engagement exercise and to terminate discussions involving (directly or indirectly) participating organisations at any time. In no circumstances will the Council incur any liability in respect of the foregoing.
9. This document is provided to organisations who have expressed an interest in response to the PIN only and may not be disclosed, copied, reproduced, distributed or passed by them to any other person at any time (save for the purpose of taking legal, financial or other advice provided that an undertaking is obtained from such persons to keep the MOI confidential).
10. No information contained in this document, or in any communication made between the Council and any participating organisation in connection with the Project and the Council’s requirement shall be relied upon as constituting a contract, agreement or representation that any contract shall be offered or subsequently concluded.
11. Copyright in and to this document rests with the Council and its appointed advisors. This document may not either in whole or in part be copied, reproduced, distributed or otherwise made available to any other third party without the prior written consent of the Council except in relation to the preparation of a response to this document. All documentation supplied by the Council in relation to the Project is, and shall remain the property of the Council and must be returned or destroyed on demand, without any copies being retained.
12. The Council will not reimburse, and shall not under any circumstances whatsoever be responsible for, any costs, charges or expenses incurred by organisations in relation to the Market Engagement, the supplementary information or the Project generally.
13. In accordance with the obligations and duties placed upon public authorities by the Freedom of Information Act 2000 (the ‘FoIA’), all information submitted to the Council may be disclosed in response to a request made pursuant to the FoIA. In respect of any information submitted by participating organisations that it considers to be commercially sensitive the organisation should:
    1. clearly identify such information as commercially sensitive;
    2. explain the potential implications of disclosure of such information; and
    3. provide an estimate of the period of time during which the participating organisations believes that such information will remain commercially sensitive.
14. Where a participating organisation identifies information as commercially sensitive, the Council will endeavour to maintain confidentiality. Participating organisations should note however that even where information is identified as commercially sensitive, the Council might be required to disclose such information in accordance with the FoIA. Accordingly, the Council cannot guarantee that any information marked ‘commercially sensitive’ will not be disclosed.
15. The laws of England and Wales (as applied in Wales) are applicable to the Market Engagement, the documentation, the Project, and the process referred to herein. The courts of England and Wales sitting in Cardiff will have exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Market Engagement, the documentation or the Project.

Carmarthenshire County Council (the ‘Council’) is a unitary local authority in South West Wales. It is the third largest county in Wales covering an area of approximately 925 square miles (2,370 km²). The Council employs over 8,000 people and provides a wide range of services to the county’s residents. Carmarthenshire is one of the four County Councils forming the Swansea Bay City Deal. This is a £1.3 billion investment fund to support economic growth across the South West Wales region. The City Deal targets the creation of over 9,000 new jobs and increasing the region’s GVA by £1.8 billion. Significant employment sectors include Education, Health and Public Administration. Another key employment sector is manufacturing, with the manufacture of motor vehicles being particularly significant within Carmarthenshire.

1. Organisations who have expressed an interest in response to the PIN will be invited to:
   1. provide initial written responses as to how the Council’s requirements could be met and;
   2. participate in informal discussions with the Council on a one to one basis.
   This will be an opportunity for participating organisations to meet and discuss the Council's requirements for the Project with a view to both the Council and participating organisations to explore and gain a better understanding as to the range, nature and scope of potential solutions including (but not limited to) the key technical, commercial, legal and financial issues that arise in relation to the Project.
2. Subject to the outcome of the discussions and following consideration of market’s initial response and range of responses / outline solutions proposed, the Council will, at its sole discretion, determine the preferred procurement approach (if any) to meeting its requirements in relation to the Project.
3. Note - it is envisaged, at this juncture, that a Competitive Dialogue award procedure in accordance with Regulation 30 of the Public Contracts Regulations 2015 (as amended) will be undertaken in relation to the procurement of the Project. The Council reserves the right, at its sole discretion, to undertake an alternative procurement process or not to proceed with any procurement process.

The timetable below is intended as a guide and whilst the Council does not intend to deviate from it, it reserves the right to do so at its sole discretion at any time. Nothing in this table should be understood to be a representation that any specific thing will be done at or within any specific time or at all.

In the event the Council decides to undertake a regulated procurement process a more detailed requirements specification, programme including key milestone dates will be contained within the applicable PQQ / suite of tender documentation issued to participating organisations. The timetable may be subject to revision and adjustment at the Council’s discretion.

1. This PIN is being published by the Council to enable a Market Engagement exercise to be undertaken prior to the commencement of any formal procurement process.
2. The Council is inviting initial responses to its PIN which should be submitted by replying to the questionnaire on the Sell2Wales website by no later than 18 August 2023.
3. Responses must be succinct and focussed and based on the Questions / Feedback sought and the information contained in this document. It is also an opportunity for prospective bidders to provide the Council with clarifications, questions and suggestions as to how it may look to organise itself in readiness for a formal procurement process. Please refer to Appendix A for the prescribed format of response.
4. The Council will be arranging a presentation for prospective bidders as part of the Market Engagement exercise. This will be held on 31 July 2023 within the development area. This will give interested parties an opportunity to visit the key sites.

1. Subject to a formal procurement process being approved subsequent to the Market Engagement exercise, the following provides a high level outline of the Council’s intentions.
2. Proposed procurement approach – Competitive Dialogue
3. In the event that the Council decides, at its discretion, to undertake a formal procurement process it will issue a Contract Notice on Sell2Wales with a view to formally seeking expressions of interest from suitably qualified organisations.
4. Organisations who express an interest in response to the Contract Notice on Sell2Wales will be subject to a pre-qualification exercise. During the Pre-Qualification (PQQ) stage, the intention is to arrive at a short list of potential bidders for formal invitation to participate in the dialogue (ITPD) in relation to the Council’s requirements.
5. Post PQQ stage, shortlisted bidders will be issued with an invitation to participate in the dialogue (ITPD) document which will include, inter alia, outline terms and conditions of contract / head of terms, the criteria for the award of the contract; and the Council’s outline specification and requirements (this will evolve as the dialogue progresses).
6. The aim of the dialogue is to identify and define the means best suited of satisfying the Council’s requirements. All aspects of the requirement can be discussed - technical, commercial, legal, financial and so forth.
7. The dialogue will be conducted in "successive stages". The number of solutions discussed and/or bidders may be reduced by applying the award criteria set out in the ITPD. The dialogue will continue until the Council is satisfied that the solutions(s) proposed by (the remaining) bidders will meet all of the Council’s requirements, at which point, the dialogue will be concluded.
8. The dialogue concluded, the Council will invite bidders to submit their final tenders based on the solution(s) identified during the dialogue phase. The Council may, prior to the selection of a winning bidder, require final tenders, once received, to be clarified, specified and optimised. Final tenders will be assessed on the basis of the award criteria stated in the tender documents.
9. Once identified, the Council may require the winning bidder, to clarify aspects or confirm commitments contained in the final tender. Once all matters are satisfactorily completed, the Council will make its decision whether to award the contract to the winning bidder.
10. Once the Council has reached a decision in respect of contract award it will notify all participating bidders of that decision and provide a standstill period of 10 calendar days before letting a contract.
11. Further detail of the precise structure of the Competitive Dialogue process will be set out in the ITPD which will be dispatched to short listed Bidders following pre-qualification.
    IMPORTANT - The process set out above is indicative only and the Council reserves the right to vary, alter or amend the structure of the procurement process (if any) at its sole discretion. Further details will be set out in future suite of tender documentation issued to participating bidders.
12. The Council will field a multi-disciplinary Competitive Dialogue Team consisting of technical, commercial and legal representation. At this stage there is no firm procurement plan as there are a number of variables at play in terms of internal governance and approvals. Purely as an indicator, the expectation is that the whole process may take circa of 12 months or more to conclude from commencement.
13. The Council recognises, given the nature and scope of the Project, that organisations expressing an interest to this PIN may seek to form consortia; and that subsequently consortia bids may be submitted if formal procurement process is launched.
14. The Council will, in due course, establish a consortia bidding policy, however at this juncture and for the purposes of the Market Engagement exercise the outline approach to consortia bids is as follows:
    1. the Council proposes to let a single contract for delivery of the Project,
    2. although no specific legal form is specified, any ensuing contract entered into will be with either (1) all bidders on the basis of joint and several liability, or (2) with one or more of the parties acting as 'prime contractor' (and where more than one, on a joint and several liability basis).
    3. where the contract is with a special purpose company with separate legal personality established for the Project, the Council will require sufficient guarantees to be given by participants in that company or their parents.
    4. in the event of prime contractor (lead body) / subcontracting approach the Council will require direct agreements with key subcontractors. 

Any queries can be emailed to Tyisha@Carmarthenshire.gov.uk

The Council reserves the right to issue a response to any query to all parties who have expressed an interest in the Project.