Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Highlands and Islands Enterprise
An Lòchran, 10 Inverness Campus
Inverness
IV2 5NA
UK
Telephone: +44 1463245245
E-mail: hieprocurement@hient.co.uk
NUTS: UKM6
Internet address(es)
Main address: http://www.hie.co.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00313
I.1) Name and addresses
Wave Energy Scotland Limited
An Lòchran, 10 Inverness Campus
Inverness
IV2 5NA
UK
Telephone: +44 1463245245
E-mail: wesprocurement@hient.co.uk
NUTS: UKM
Internet address(es)
Main address: http://www.waveenergyscotland.co.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA24283
I.1) Name and addresses
Orkney Research and Innovation Campus LLP
The Robert Rendall Building, Franklin Road
Stromness
KW16 3AN
UK
E-mail: enquiries@orkneycampus.co.uk
NUTS: UK
Internet address(es)
Main address: https://www.orkneycampus.co.uk/
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA30475
I.1) Name and addresses
Cairngorm Mountain (Scotland) Ltd
Cairngorm Mountain, Cairngorm Ski Area
Aviemore
PH22 1RB
UK
Telephone: +44 1479861261
E-mail: info@caingormmountain.co.uk
NUTS: UKM62
Internet address(es)
Main address: https://www.cairngormmountain.co.uk/
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA30513
I.1) Name and addresses
South of Scotland Enterprise
Carmont House, The Crichton, Bankend Road
Dumfries
DG1 4TA
UK
Telephone: +44 1750535901
E-mail: Finance@sose.scot
NUTS: UK
Internet address(es)
Main address: http://www.southofscotlandenterprise.com
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA30448
I.1) Name and addresses
HIE Ventures Ltd.
Ord House Cradlehall Business Park,Caulfield Road North
Inverness
IV2 5GH
UK
Telephone: +44 463713755
E-mail: enquiries@hient.co.uk
NUTS: UKM
Internet address(es)
Main address: www.hie.co.uk
I.1) Name and addresses
HIE Orkney
An Lochran, 10 Inverness Campus
Inverness
Iv12 5BU
UK
Telephone: +44 1463245245
E-mail: enquiries@hient.co.uk
NUTS: UKM
Internet address(es)
Main address: www.hie.co.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:
www.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
www.publiccontractsscotland.gov.uk
I.4) Type of the contracting authority
Regional or local agency/office
I.5) Main activity
Economic and financial affairs
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
FTS050 Data Protection Services Framework
Reference number: FTS 050
II.1.2) Main CPV code
79410000
II.1.3) Type of contract
Services
II.1.4) Short description
HIE requires a suitably qualified and experienced supplier to provide provide data protection services, including fulfilling Data Protection Officer duties under the General Data Protection Regulation and supporting the Data Protection Act 2018 including delivery of data protection advice, risk assessment and training.
This Framework is being procured for Highlands and Islands Enterprise (HIE) and on behalf of Wave Energy Scotland (WES), Orkney Research Innovation Campus (ORIC), HIE Orkney, HIE Ventures Ltd (HIEVL), Cairngorm Mountain (Scotland) Ltd (CMSL), South of Scotland Enterprise (SOSE) as well as any other Contracting Authority wholly or partly under the control of, and/or partly or wholly owned HIE or SOSE, at any point during the term of this Framework (subject to case-by-case approval by HIE).
It is expected that these services will be required from 8 April 2026 for an initial period of 3 years, unless terminated in accordance with the provisions of the Framework agreement, with HIE having the option to extend for a period or periods together not exceeding 1 year following the Initial Term. The 3-year budget currently available to deliver this service is between GBP 171,000 and GBP 216,000 (excluding VAT).
II.1.5) Estimated total value
Value excluding VAT:
287 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
79411100
75111200
79212000
72300000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
Objective 1 - Role of Data Protection Officer (DPO) as specified in the General Data Protection Regulations and in support of Data Protection Act 2018
Objective 2 - Monitor and remedy noncompliance and support personal data breach resolution
Objective 3 - Organisational Compliance with Data Protection Legislation
Objective 4 - Data Protection Impact Assessment (DPIA) process including advice and support
Objective 5 - Reporting and monitoring
II.2.5) Award criteria
Criteria below:
Quality criterion: Prompt Payment Standard Clause
/ Weighting: pass/fail
Quality criterion: Cyber Security
/ Weighting: pass/fail
Quality criterion: Payment of the Real Living Wage
/ Weighting: pass/fail
Quality criterion: Management and Delivery Methodology
/ Weighting: 20%
Quality criterion: Responsiveness and Business Continuity
/ Weighting: 13%
Quality criterion: Management and Delivery Team
/ Weighting: 20%
Quality criterion: Monitoring and Reporting of Community Benefits
/ Weighting: 2%
Quality criterion: Fair Work Practices
/ Weighting: 5%
Price
/ Weighting:
40%
II.2.6) Estimated value
Value excluding VAT:
287 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: Yes
Description of renewals:
The contract will be awarded for an initial period of 3 years, unless terminated in accordance with the provisions of the Framework agreement, with HIE having the option to extend for a period or periods together not exceeding 1 year following the Initial Term.
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:
Yes
Description of options:
HIE reserves the right, on giving reasonable written notice from time to time, to require changes to the Services (whether by way of the removal of Services, the addition of new Services, or increasing or decreasing the Services or specifying the order in which the Services are to be performed or the locations where the Services are to be provided). HIE shall not require any such change other than where it is permitted by Regulation 72 of the Public Contracts (Scotland) Regulations 2015.
The Framework/Call-off Contracts may be modified for reasons including but not limited to:
-Changes to budget availability
-Organisation/s bringing the services in-house fully or partially and so the services are no longer required / reduced services are required
-The addition of similar services
-Increasing the volume of the services
-Change in legislative requirements resulting in increased or reduced service
In these situations, for the call-off contracts, HIE will agree a price variation based on the pricing submitted as part of your bid, for example, using the hourly rate to increase/reduce the services by a number of hours. Other framework users may also modify their relevant call-off contracts.
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
Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
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:
4A2A Bidders must provide, or commit to provide prior to the commencement of the framework agreement, an up-to-date Level 1 disclosure from Disclosure Scotland for the DPO, the DPO’s deputy/ies and all personnel with access to Framework User systems or business information. (Information on how to apply for a Level 1 disclosure is available online at https://www.mygov.scot/apply-for-level-1-disclosure.)
III.1.2) Economic and financial standing
Minimum level(s) of standards required:
It is a requirement of this Contract that bidders hold, or can commit to obtain prior to the commencement of any subsequently awarded Contract, the types and levels of insurance indicated below:
4B5A Professional Risk Indemnity - GBP 3 million for each and every claim
4B5B Employer's (Compulsory) Liability Insurance - GBP 5M for each and every claim.
4B.6 (not scored)
HIE as a public body must comply with HMRC IR35 provisions. Therefore, where you are bidding as a personal service company (PSC) or will be using a personal service company to provide services under the contract please identify these PSC (s) in your response to 4B6.
III.1.3) Technical and professional ability
Minimum level(s) of standards required:
4C4 If bidders intend to use a supply chain to deliver the requirements detailed in the Contract Notice, they should confirm they have (or have access to) the relevant supply chain management and tracking systems to ensure a resilient and sustainable supply chain. Please refer to Scope of Requirements for full requirements. If bidders do not pay at least 95% of valid invoices on time and are unable to provide a proportionate and timely improvement plan, their organisation will not be selected to participate further in this procurement.(pass/fail)
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
See Scope of Requirements and Tender Guidance document.
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 a single operator.
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:
09/02/2026
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: 3 (from the date stated for receipt of tender)
IV.2.7) Conditions for opening of tenders
Date:
09/02/2026
Local time: 12:00
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
Yes
Estimated timing for further notices to be published:
HIE reserves the right to re-tender for these services upon termination or at the end of the contract, including any extension period.
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
SPD Q 2D1: Bidders are required to state, in so far as they are known, the subcontractors they propose to use. Such subcontractors are required to complete the relevant parts of the SPD (Sections A and B of Part II and Part III only) - the lead bidder is to collate and submit the SPD responses as part of their tender response. Copies of the SPD for completion by subcontractors can be downloaded by the lead bidder from the online SPD module in Part II.
It is estimated that the total value of the framework over the maximum duration of 4 years will be GBP 287,000 (excluding VAT). This is the figure which has been used in II.1.5 & II.2.6.
Where bidders rely on the capacity of other entities in order to meet selection criteria they are required to provide information relating to these entities with the relevant supporting SPD documentation being submitted.
SPD 3D.12 Bidders should refer to the "Conflict of Interest" Section within the Scope of Requirements when completing this question.
The Award criteria (Questions 4-8) will be marked according to the following criteria - refer to the tender documents for the evaluation criteria for Questions 1-3 and the minimum threshold score for Questions 4-6:
0 - Unacceptable - Nil or inadequate response which fails to demonstrate an ability to meet the requirement.
1 - Poor - Response is partially relevant but generally poor. It addresses some elements of the requirement but contains insufficient/limited detail or explanation to demonstrate how the requirement will be fulfilled.
2 - Acceptable - Response is relevant and acceptable. It addresses a broad understanding of the requirement but may lack details on how the requirement will be fulfilled in certain areas.
3 - Good - Response is relevant and good. It is sufficiently detailed to demonstrate a good understanding and provides details on how the requirements will be fulfilled.
4 - Excellent - Response is completely relevant and excellent overall. It is comprehensive, unambiguous and demonstrate a thorough understanding of the requirement and provides details of how the requirement will be met in full.
Tenders must be submitted via the PCS postbox and must be received by the published deadline. Late tenders will not be accepted and HIE will reject any submissions received after the deadline. Email or hard copy responses will not be accepted.
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=816177.
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
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:
see tender documents
(SC Ref:816177)
Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=816177
VI.4) Procedures for review
VI.4.1) Review body
Inverness Sheriff Court and Justice of the Peace Court
The Inverness Justice Centre, Longman Road
Inverness
IV1 1AH
UK
Telephone: +44 1463230782
E-mail: inverness@scotcourts.gov.uk
Internet address(es)
URL: https://www.scotcourts.gov.uk/the-courts/court-locations/inverness-sheriff-court-and-justice-of-the-peace-court
VI.5) Date of dispatch of this notice
19/12/2025