Social and other specific services – public contracts
Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Scotland Excel
Renfrewshire House, Cotton Street
Paisley
PA1 1AR
UK
Telephone: +44 1414888230
E-mail: adultsocialcare@scotland-excel.org.uk
NUTS: UKM83
Internet address(es)
Main address: http://www.scotland-excel.org.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10383
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.3) Communication
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent to the abovementioned address
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Care Homes for Adults Flexible Framework Agreement (2122)
Reference number: 2122
II.1.2) Main CPV code
85311000
II.1.3) Type of contract
Services
II.1.4) Short description
This procurement exercise is to establish a Flexible Framework Agreement, for the provision of Care Homes for Adults excluding older people (further referred to as the “Flexible Framework'’) which fall within Schedule 3 and Regulations 74-76 of the Public Contracts (Scotland) Regulations 2015.The care home services forming part of the Flexible Framework are regulated by the Care Inspectorate in Scotland and must be registered with them as Care Home Service for Adults.
Care home services will support people to achieve the best possible quality of life, in terms of their personal aspirations, choices and abilities, where people’s needs are best met within a residential setting for adults.
II.1.5) Estimated total value
Value excluding VAT:
390 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
85300000
85310000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
As further detailed in the procurement documentation the Flexible Framework is for the provision of Care Homes for Adults in Scotland coming within the general Care Inspectorate category of a care home service. The scope encompasses Care Homes for all adult care groups (excluding older people >64 years) which includes the following Care Inspectorate service types;
- Care homes for people with mental health problems
- Care homes for people with physical and sensory impairment
- Care homes for people with learning disabilities
- Care homes for people with drug and alcohol misuse problems (excluding residential rehabilitation services)
- Short breaks and respite services
Award criteria
Criteria below:
Quality criterion: Technical Weighting: 90 / Commercial Weighting: 10
II.2.6) Estimated value
Value excluding VAT:
390 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 72
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
Applicants should also refer to the Contract Notice Attachment document available on PCS-T: Project_ 26381 ITT_54229.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.4) Objective rules and criteria for participation
It is a material condition of this Flexible Framework Agreement that the Provider ensures it holds and maintains the necessary registration with the relevant regulatory body/ies including the Care Inspectorate according to the Services offered. Applicants should note the following minimum requirements: Care Inspectorate registration, Financial stability, Minimum insurance requirements as follows: (a)Public Liability(b)Employers’ Liability(c)Statutory Third-Party Motor Vehicle Liability(d)Medical Malpractice and Professional Indemnity.
Full details are listed in the Contract Notice Attachment contained within the "Buyer Attachments" area of itt_54229 (project_26381) on the Public Contracts Scotland-Tender (PCS-T) website:https://www.publictendersscotland.publiccontractsscotland.gov.uk
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.
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:
Registration as a care home service with the Care Inspectorate as detailed in Section III.1.4 of this Contract Notice.
Applicants should provide Registration number(s) and any supporting information at Section 4A.2 in the SPD.
III.2.2) Contract performance conditions
For full details of the contract conditions relevant to the Flexible Framework and contracts to be called off thereunder, please refer to the tender documents. Tenderers will be asked to confirm their acceptance of the contract conditions.
TENDERS MADE SUBJECT TO CONDITIONS MAY NOT BE CONSIDERED AND MAY BE REFUSED ON THE GROUNDS OF SUCH CONDITIONS ALONE.
Scotland Excel may require the members of any tendering group of entities (including, but not limited to consortium members, members of a group of economic operators and/or sub-contractors) to be jointly and severally liable for the performance of the contract and may require them to assume a specific legal form for the purposes of the appointment to the Flexible Framework. For further information relative to the submission of consortia tenders, tenders by groups of economic operators and sub-contracting, please refer to the tender documentation which is available in the relevant PCS-T project for this procurement exercise.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
Justification for any framework agreement duration exceeding 4 years: Justification for exceeding 4 years. The services are within Social and Other Specific Services category as defined in and subject to the procurement regimes set out in section 7 of the Public Contracts (Scotland) Regulations 2015 known as the Light Touch Regime. The duration of the Flexible Framework Agreement is a maximum of 72 months for the purposes of business continuity and sustainability.
IV.1.11) Main features of the award procedure:
The scope of services to be provided under this Flexible Framework Agreement are covered within the definition of ‘Social and Other Specific Services’ in Schedule 3 of the Public Contracts (Scotland) Regulations 2015 and therefore the procurement process shall be subject to the requirements of section 7 of the Regulations. Please note the variations applied to this exercise together with the specific requirements and evaluation approaches applicable are set out in the procurement documents.
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
05/03/2025
Local time: 12:00
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
IMPORTANT NOTE FOR APPLICANTS: Applicants should note the specific requirements and evaluation approaches applicable to this process are set out in the procurement documents.
This Procurement process is subject to the Law and Guidance applicable in Scotland relative to the award of public contracts including (without limitation) as set out in the Public Contracts (Scotland) Regulations 2015 as currently in force.
As such, this Notice relates to the use of a procedure based upon the Open Procedure to establish a Flexible Framework Agreement with variations as permitted under the Regulations. In particular, once established, new entrants meeting the requirements are permitted to join the Flexible Framework Agreement, and appointed Providers may add services to their appointment in accordance with the service variation provisions, all as contained in the Flexible Framework Terms and relevant contract documentation. Full details of the requirements of this Flexible Framework Agreement (including permitted variations and contract conditions) are available in the Procurement Documents contained within the relevant project on PCS-T: Project_ 26381 ITT_54229. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
Scotland Excel, as a central purchasing body, is establishing this Flexible Framework Agreement for the use and benefit of its members namely 32 local authorities in Scotland, Tayside Contracts and together with any Integration Authority, or other body, established pursuant to the Public Bodies (Joint Working) (Scotland) Act 2014.
Scotland Excel Local Authority members are entitled to use this framework.
The above is subject to each contracting authority entering into and maintaining a membership agreement or other access agreement with Scotland Excel.
Applications may be excluded from evaluation (in whole, or in part) if they do not include the information required in accordance with instructions given.
In line with the published Flexible Framework Terms, should any of the defined terms, procedures or any other regulated matter become subject to any change in the Law, resulting in any change to the defined terms, or to the manner in which such procedures or other matters require to be dealt with, then such changes shall take precedence over that contained in the Flexible Framework Agreement. As such, workforce matters which change as a result of the implementation of national policy directives will be considered in line with the framework variation procedures.
Applicants will be required to confirm whether they intend to subcontract any share of the contract to third parties and, if so, to complete the relevant sections of the SPD for each subcontractor.
Scotland Excel anticipate scheduling 2 Applicant Information Sessions (note: these dates are subject to change/availability/numbers):
- Tuesday 04 February 2025 @ 1.30pm - 3pm
- Thursday 06 February 2025 @ 10am - 11.30am
As outlined in the Contract Notice Providers can book via adultsocialcare@scotland-excel.org.uk to note your interest. Thereafter, providers will be informed of a suitable date.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 26381. 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:
In accordance with section 25(3) of the Procurement Reform (Scotland) Act 2014 note that, Scotland Excel intends to include community
benefit requirements as set out in the Procurement Documents.
(SC Ref:761001)
VI.4) Procedures for review
VI.4.1) Review body
Court of Session
Edinburgh
EH1 1RQ UK
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 (SSI 2015/446) (as amended) may bring proceedings in the Sheriff Court or the Court of Session.
VI.5) Date of dispatch of this notice
30/01/2025