Contract notice
Section I: Contracting
authority
I.1) Name and addresses
NHS National Services Scotland
Gyle Square (NSS Head Office), 1 South Gyle Crescent
Edinburgh
EH12 9EB
UK
Contact person: David Bryce
Telephone: +44 1312757454
E-mail: david.bryce@nhs.scot
NUTS: UKM
Internet address(es)
Main address: http://www.nss.nhs.scot/browse/procurement-and-logistics
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
www.publictendersscotland.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
www.publictendersscotland.publiccontractsscotland.gov.uk
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at:
www.publictendersscotland.publiccontractsscotland.gov.uk
I.4) Type of the contracting authority
National or federal agency/office
I.5) Main activity
Health
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Temporary Agency Allied Health Professionals & Other Clinical Professions
Reference number: NP505-22
II.1.2) Main CPV code
79620000
II.1.3) Type of contract
Services
II.1.4) Short description
The supply of temporary agency Allied Health Professionals and other clinical professions (including HSS and Pharmacy) to All entities constituted pursuant to the National Health Service (Scotland) Act 1978, (i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisation established pursuant to the NHS (Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the Public Bodies (Joint Working) Scotland Act 2014
II.1.5) Estimated total value
Value excluding VAT:
33 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
79620000
II.2.3) Place of performance
NUTS code:
UKM
Main site or place of performance:
NHS Scotland entities pursuant to National Health Service (Scotland) act 1978 ie all Health boards, Special Health boards, Health Improvement Scotland and the common service agency)
II.2.4) Description of the procurement
The Common Services Agency (more commonly known as National Services Scotland) ("the Authority") acting through its division Procurement, Commissioning and Facilities is undertaking this procurement of the supply of Temporary Agency Allied Health Professionals and Other Clinical Professions on behalf of all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS Organisation established pursuant to the NHS (Scotland) Act 1978), any integrated Joint Boards established pursuant to the Public Bodies (Joint Working) Scotland Act 2014
II.2.5) Award criteria
Criteria below:
Quality criterion: Technical Merit
/ Weighting: 40
Quality criterion: Implementation
/ Weighting: 10
Price
/ Weighting:
50
II.2.6) Estimated value
Value excluding VAT:
33 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 60
This contract is subject to renewal: Yes
Description of renewals:
The Framework Agreement duration will be 3years (36 months) with 2 twelve months extensions available
The Common Services Agency shall be entitled (at its sole discretion) to extend the duration of the Framework agreement by two 12 calendar month periods
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
Economic operators should confirm that neither it, its directors, nor any person who has power or representation
decision or control of the economic operator has been convicted of any of the offences detailed in Regulation 58
of The Public Contracts (Scotland)Regulations 2015 and that the grounds detailed in the Regulations do not apply
to the economic operator.
Minimum level(s) of standards required:
Registration with Disclosure Scotland in relation to PVG scheme
Potential Framework Participants must confirm Employer liability of 5 Million UKGBP and 2 million UKGBP Public liability and any other relevant insurances
Potential Framework Participants must submit with their tender at least two references from NHS registered bodies or
registered healthcare providers attesting to the nature, quality and effectiveness of services provided by the
potential framework participant
III.1.2) Economic and financial standing
List and brief description of selection criteria:
(1) Potential Framework Participants will be required to provide a statement covering the 3 years previous financial years where available
including the overall turnover of the Potential Framework Participant in respect of the activities which are of a similar type to the subject
matter of this notice.
(2) Potential Framework Participant will be required to provide a statement of account or extracts reflecting to their
business
(3) See contract/tender documentation which incorporates the requirements of the ESPD (Scotland) and the financial
period of reporting is the previous 3 financial years.
III.1.3) Technical and professional ability
List and brief description of selection criteria:
Potential Framework Participants must be able to demonstrate experience in providing an efficient, responsive and
effective service for the provision of registered medical practitioners on an agency/locum basis (including an understanding of the need to accurately assess the skills and capabilities required against those offered by individual Allied Health Professional & Other
Clinical Professions) and the capability to provide Agency Services to Participating Authorities across Scotland.
Minimum level(s) of standards required:
Additional minimum conditions relating to the provision of temporary agency Allied Health Professionals & Other Clinical Professions are
detailed in the Framework Terms & Conditions and ITT.
Minimum level(s) of standards required:
Potential Framework suppliers must have Cyber essentials+ registration or be willing to achieve the qualifications within 12 months of award
Potential Framework suppliers must have ICO registration and GDPR formal security policy in place
III.2) Conditions related to the contract
III.2.3) Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement with several operators.
Envisaged maximum number of participants to the framework agreement: 20
Justification for any framework agreement duration exceeding 4 years: Changes to practise will require change to fully implement. This award may take the additional year extension option that would take it past the 4-year point, this will be determined during the 4th year of the framework
IV.1.6) Information about electronic auction
An electronic auction will be used
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
20/01/2023
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 4 (from the date stated for receipt of tender)
IV.2.7) Conditions for opening of tenders
Date:
20/01/2023
Local time: 12:00
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
No
VI.2) Information about electronic workflows
Electronic ordering will be used
VI.3) Additional information
The procurement involves the establishment of a framework agreement with several operators
Fair Work Practices
The Procurement Reform (Scotland) Act 2014 allows Scottish Ministers to publish statutory guidance to support its implementation.
Addressing Fair Work Practices, including the Real Living Wage, in Procurement
This guidance the first element of guidance to be published under section 29 of the Procurement Reform (Scotland) Act 2014 and applies to procurements which commence on or after 1 November 2015.
Background (from the guidance)
The Public Sector in Scotland is committed to the delivery of high quality public services, and recognises that this is critically dependent on a workforce that is well-rewarded, well-motivated, well-led, has access to appropriate opportunities for training and skills development, are diverse and is engaged in decision making. These factors are also important for workforce recruitment and retention, and thus continuity of service.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 22496. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits has been provided as follows:
Background (from Scottish Government - Scottish Procurement Policy Note 6/2014 20th November 2014)
- The Scottish Model of Procurement aims to secure the maximum economic benefit from the 10 billion UKGBP spent by the
public sector on goods and services each year, through an approach that balances the business friendly and the socially
responsible.
- The Public Procurement Reform Programme delivers value that goes beyond savings and benefits – improving supplier
access to public contracts, particularly for SMEs; maximising efficiency and collaboration; and placing the local,
social and economic aspects of sustainability at the heart of the purchasing process.
- The Procurement Reform (Scotland) Act 2014 has established a national legislative framework for sustainable public
procurement that supports Scotland’s economic growth through improved procurement practice – and requires public bodies
to consider how their procurement activity can improve the economic, social and environmental wellbeing of the
authority’s area.
- It also specifically requires public bodies to consider imposing community benefit requirements as part of a major
contract; these might relate to, for example, employment opportunities or to sub-contracting opportunities
(SC Ref:708660)
VI.4) Procedures for review
VI.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
UK
Telephone: +44 1312252525
E-mail: edinburgh@scotcourts.gov.uk
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
The Authority will notify economic operators who submitted a tender or (where no deselection process has previously been made) applied
to be selected to tender, of its decision to award the Framework Agreement which notification will contain, among other
information, a summary of the reasons as to why the economic operator was unsuccessful. The notification will
incorporate a ‘standstill period’ of a minimum of 10 (ten) clear calendar days (or a minimum of 15 (fifteen) if the
communication method used is not electronic) between the date on which the Authority despatches the notice(s) and the
date on which the Authority proposes to conclude the relevant Framework Agreement.
The bringing of court proceedings against the Authority during the standstill period will automatically continue the
prohibition on entering into the Framework Agreement until the court proceedings are determined, discontinued or
disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the
courts before the Framework Agreement has been entered into include the setting aside of the decision to award the
Framework Agreement to the winning tenderer(s).
The bringing of court proceedings against the Authority after the Framework Agreement has be entered into will not
affect the Framework Agreement unless grounds for the imposition of special penalties under the Public Contracts
(Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the
Framework Agreement has been entered into are limited to the award of damages
VI.5) Date of dispatch of this notice
09/12/2022