Social and other specific services – public contracts
Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Kirklees Council
P O Box 1720
HUDDERSFIELD
HD19EL
UK
Contact person: Ian Penny
Telephone: +44 1484221000
E-mail: ian.penny@kirklees.gov.uk
NUTS: UKE44
Internet address(es)
Main address: http://www.kirklees.gov.uk
I.1) Name and addresses
NHS Kirklees CCG
High Street
Huddersfield
HD1 2LF
UK
Contact person: Viv Nicholson
E-mail: viv.nicholson@northkirkleesccg.nhs.uk
NUTS: UKE44
Internet address(es)
Main address: https://www.kirklees.gov.uk
I.2) Joint procurement
The contract involves joint procurement
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://yortender.eu-supply.com
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://yortender.eu-supply.com
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
KMCAS-125 - Electronic Market Place for Supported Living Services
Reference number: KMCAS-125
II.1.2) Main CPV code
85000000
II.1.3) Type of contract
Services
II.1.4) Short description
**IMPORTANT - This notice is a duplication of FTS Notice 2022/S 000-003034 which was originally published on YORtender. This notice is to allow for award of further competitions from the EMP via the FTS System. Please note this is not a new notice**
The Council of the Borough of Kirklees (the "Council") is conducting this procurement exercise, in accordance with the Light Touch Regime of the Public Contracts Regulations 2015 (SI 2015/102), and intends to establish an Electronic Market Place ("EMP") with Providers with relevant experience and ability to provide Supported Living Services on a non-exclusive basis to Adults with eligible Social Care needs for the Council.
The EMP may be used by the Council and by the NHS Kirklees Clinical Commissioning Group (CCG) (subject to CCG governance approval).
The Council wishes to establish a Supported Living Services (SLS) EMP to replace the current Framework Agreement. As the current Framework Agreement does not allow new Providers to be able to join, the new SLS EMP will allow new Providers to join.
II.1.5) Estimated total value
Value excluding VAT:
70 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
Yes
Tenders may be submitted for all lots
II.2) Description
Lot No: 1
II.2.1) Title
Lot 1 - Supported Living - Community Based
II.2.2) Additional CPV code(s)
85000000
II.2.3) Place of performance
NUTS code:
UKE44
Main site or place of performance:
Kirklees
II.2.4) Description of the procurement
Kirklees Council wish to establish a Supported Living Services ("SLS") Provider Agreement to replace the current Framework Agreement which may also be used by the NHS Kirklees Clinical
Commissioning Group ("CCG") (subject to CCG governance approval). As the current Framework arrangement does not allow new Providers to be able to join, the new SLS arrangement will in the format of an Electronic Market Place ("EMP") which will allow new Providers to join.
A SLS Multi-Provider Agreement will be established and will allow the Council and the CCG to engage with suitably qualified Providers who will be able to deliver flexible services which will empower Service Users to live as independently as possible in their own home; this may include 1:1 support to access community activities and social activities.
The majority of the care and support required through this SLS Provider Agreement will be Regulated Activity, requiring the Provider to be appropriately registered with the Care Quality Commission.
There may be occasions where Non-Regulated Activities are required. Providers should assume they will be providing Regulated Activity. It is the responsibility of the Provider to ensure that they have checked the Care Quality Commission Regulation Guidance regarding what is Regulated Activity.
Further details regarding the Services required are set out in the General Specification (see the procurement documents) and in the Terms and Conditions (see the procurement documents)
The value of the Services to be awarded through this EMP is estimated to be approximately £7,000,000.00 (seven million pounds) per annum. In order to meet its requirements the Council has divided the Services into two overarching Lots under which are seven distinct Categories.
The Lots determine whether the requirement is to be delivered as floating support for people in their own homes or whether it is to be delivered to a number of Service Users based in shared
accommodation. The distinct Categories mirror Service User Primary Care needs which allows Applicants (economic operators/tenderers) to identify and apply against the appropriate categories for their specialisms and ensures that the Council extends invitations to tender only to those qualified and capable Candidates with the correct experience and expertise for that Service User.
Category Description:
1 - Learning Disabilities; borderline, mild, moderate to severe including profound and multiple disabilities and/or Autism and/or Mental Health with Behaviours that challenge Providers.
2 - Autism including those who identify as having Autism and those on the autistic spectrum such as Asperger's (self-diagnosed or diagnosed by a professional).
3 - Mental Health; enduring and severe
4 - Personality Disorder
5 - Complex physical and/or sensory impairment, long term health condition
6 - Acquired Brain Injury
7 - Persistent or Chronic Drug and alcohol dependencies
Following the initial Request to Participate deadline, subsequent Requests to participate can be submitted at any time throughout the duration of the EMP but please note that evaluation of
submitted Requests to Participate are only planned to
take place on a quarterly basis.
II.2.6) Estimated value
Value excluding VAT:
35 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 120
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
Stated values are estimates and the contracting authority shall not be bound by such estimates nor should these be interpreted as an undertaking to purchase any services.
This EMP is anticipated to run from 01 April 2022 to 31 March 2027 with the Council reserving the right to extend for up to five (5) further twelve (12) month periods, up
to 31 March 2032.
Lot No: 2
II.2.1) Title
Lot 2 - Supported Living - Building Based
II.2.2) Additional CPV code(s)
85000000
II.2.3) Place of performance
NUTS code:
UKE44
Main site or place of performance:
Kirklees
II.2.4) Description of the procurement
Kirklees Council wish to establish a Supported Living Services ("SLS") Provider Agreement to replace the current Framework Agreement which may also be used by the NHS Kirklees Clinical
Commissioning Group ("CCG") (subject to CCG governance approval). As the current Framework arrangement does not allow new Providers to be able to join, the new SLS arrangement will in the format of an Electronic Market Place ("EMP") which will allow new Providers to join.
A SLS Multi-Provider Agreement will be established and will allow the Council and the CCG to engage with suitably qualified Providers who will be able to deliver flexible services which will empower Service Users to live as independently as possible in their own home; this may include 1:1 support to access community activities and social activities.
The majority of the care and support required through this SLS Provider Agreement will be Regulated Activity, requiring the Provider to be appropriately registered with the Care Quality Commission.
There may be occasions where Non-Regulated Activities are required. Providers should assume they will be providing Regulated Activity. It is the responsibility of the Provider to ensure that they have checked the Care Quality Commission Regulation Guidance regarding what is Regulated Activity.
Further details regarding the Services required are set out in the General Specification (see the procurement documents) and in the Terms and Conditions (see the procurement documents)
The value of the Services to be awarded through this EMP is estimated to be approximately £7,000,000.00 (seven million pounds) per annum. In order to meet its requirements the Council has divided the Services into two overarching Lots under which are seven distinct Categories.
The Lots determine whether the requirement is to be delivered as floating support for people in their own homes or whether it is to be delivered to a number of Service Users based in shared
accommodation. The distinct Categories mirror Service User Primary Care needs which allows Applicants (economic operators/tenderers) to identify and apply against the appropriate categories for their specialisms and ensures that the Council extends invitations to tender only to those qualified and capable Candidates with the correct experience and expertise for that Service User.
Category Description:
1 - Learning Disabilities; borderline, mild, moderate to severe including profound and multiple disabilities and/or Autism and/or Mental Health with Behaviours that challenge Providers.
2 - Autism including those who identify as having Autism and those on the autistic spectrum such as Asperger's (self-diagnosed or diagnosed by a professional).
3 - Mental Health; enduring and severe
4 - Personality Disorder
5 - Complex physical and/or sensory impairment, long term health condition
6 - Acquired Brain Injury
7 - Persistent or Chronic Drug and alcohol dependencies
Following the initial Request to Participate deadline, subsequent Requests to participate can be submitted at any time throughout the duration of the EMP but please note that evaluation of
submitted Requests to Participate are only planned to
take place on a quarterly basis.
II.2.6) Estimated value
Value excluding VAT:
35 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 120
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
Stated values are estimates and the contracting authority shall not be bound by such estimates nor should these be interpreted as an undertaking to purchase any services.
This EMP is anticipated to run from 01 April 2022 to 31 March 2027 with the Council reserving the right to extend for up to five (5) further twelve (12) month periods, up to 31 March 2032.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.4) Objective rules and criteria for participation
Refer to the Request to Participate Submission Document and EMP documentation. The Council & CCG reserve the right to exclude any Applicant whom they deem to not satisfy any criteria.
Applicants must be able to demonstrate that the net worth quoted on the latest year of their balance sheet is positive and acceptance that the Applicant's turnover will be taken into account to determine a limit to the volume of Contracts that can be awarded at one time under this EPM.
Applicants must have, or commit to obtain, Employers & Public Liability Insurance cover of £10 million and Malpractice Insurance of not less than £1 million
Applicants must have a Safeguarding Policy for vulnerable adults & children. Applicants must have a Health & Safety Policy that complies with current legislation. Applicants must have a CQC rating of 'requires improvement' or above.
Applicants must be located with 15 miles of Kirklees Boundary
Applicants must score a minimum 15 points to pass Questions 8.10-8.12
III.2) Conditions related to the contract
III.2.1) Information about a particular profession
Participation is reserved to a particular profession: Yes
Reference to the relevant law, regulation or administrative provision:
Applicants must be registered with the Care Quality Commission (CQC) and deliver Services in accordance with the registration requirements of the CQC, complying with all relevant regulations and best practice guidelines.
III.2.2) Contract performance conditions
As detailed in the EMP application documents published on the YORtender tendering portal.
Section IV: Procedure
IV.1) Description
IV.1.11) Main features of the award procedure:
If a Contracting Body decides to source any of the Services through this EPM, then it may satisfy its requirements by allocating a Contract in accordance with the terms laid down in the EMP
Information, Rules and Instructions document, included within
the procurement documents.
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
31/03/2032
Local time: 13:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
Section VI: Complementary information
VI.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3) Additional information
Tenderers are advised that this procurement in accordance with the Light Touch Regime of the Public Contracts Regulations 2015 (SI 2015/12), and intends to establish an Electronic Market Place
("EMP"). An EMP will be established with Providers with relevant experience and ability to provide Supported Living Services on a non-exclusive basis to adults with eligible Primary Care Needs for
the Council. The EMP does not operate in the same way as a Framework Agreement or Dynamic Purchasing System ("DPS"). It is a quasi DPS and is an "open market" product designed to provide access to a pool of Members which can be constantly refreshed. Potential Members can apply to participate in a EMP at any time by completing and submitting a RTP.
The Contracting Authorities consider that this EMP may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of Applicants (economic operators/tenderers) will be solely on the criteria set out in the procurement documents.
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
N/A
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
Applicants who are unsuccessful shall be informed by the Contracting Authority as soon as possible after the decision is made. If an Applicant requires any additional information as to why their submission was unsuccessful, this should be requested from the address at Section I.1) of this notice. If the matter has not been successfully resolved, then the Public Contracts Regulations
2015 (SI 2015/102) 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 started within thirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had risen. The court may extend the time limited for starting proceedings where the court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3) months after that date. Where a contract has not been entered into, the court may order the setting aside of the award decision or order for any document to be amended and may award damages, make a declaration of ineffectiveness, order for a fine to be paid, and/or order the duration of the contract to be shortened. If however the contract has been concluded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the contract to be ineffective.
VI.5) Date of dispatch of this notice
24/08/2023