Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning
KA13 6SA
UK
Contact person: Laura Robertson
Telephone: +44 3002002600
E-mail: laura.robertson@aib.gsi.gov.uk
Fax: +44 3002002601
NUTS: UKM33
Internet address(es)
Main address: http://www.aib.gov.uk
Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00233
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:
http://publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
http://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:
http://publiccontractsscotland.gov.uk
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Other: general public services or sequestration
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Provision of Insolvency Services to Accountant in Bankruptcy.
Reference number: Reference number: AiB/2016/4
II.1.2) Main CPV code
79211000
II.1.3) Type of contract
Services
II.1.4) Short description
Provision of Insolvency Services to Accountant in Bankruptcy
(Note: The ‘Estimated total value’ stated 11.1.5 is the total value for the initial 2 year period of the contract plus the options to extend to maximum of an additional 2 years (2+1+1)
A Community Benefits (CB) clause has not been included within the Invitation to Tender (ITT) documentation as a clause is considered not to be relative and/or proportionate to the nature of the financial management service to be provided. However the technical question set contained within the ITT does included a CB at question 10 which is not scored.).
II.1.5) Estimated total value
Value excluding VAT:
13 200 000.00
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
(North Eastern Scotland, Highlands and Islands of Scotland, Parts of Eastern Scotland — more detail is contained with the Framework Agreement's Schedule 1 ‘Specification’)
II.2.2) Additional CPV code(s)
79211000
II.2.3) Place of performance
NUTS code:
UKM27
UKM50
UKM22
UKM26
UKM5
UKM6
UKM21
II.2.4) Description of the procurement
This contract will be a framework contract consisting of 3 geographic lots. The Authority intends to appoint 2 Contractors for each Lot.
Accountant in Bankruptcy (AiB) has a requirement for the provision of insolvency services for the administration of allocated sequestration cases where The Accountant is appointed trustee. The services will be required across the whole of Scotland. The requirement will be split into 3 geographic Lots. The Authority intends to appoint 2 Contractors for each Lot.. The contract shall be for 2 years with 2 separate options to extend for a further year.
Cases will be allocated automatically by the case management system (BASYS) to a specific provider in each of the regional Lots dependent on the ranking of the provider in each region.
Accountant in Bankruptcy is an Agency of the Scottish Government in terms of the Scotland Act 1998. The Chief Executive is also The Accountant in Bankruptcy (The Accountant), who is an independent statutory officer appointed under Section 1 of the Bankruptcy (Scotland) Act 1985 as amended.
The Accountant has responsibility for certain statutory functions in Scotland, including the following:
— To act as trustee in all sequestrations where the debtor has not nominated a trustee (by virtue of Section 2(1B) of the Act.
— To act as Trustee in all sequestrations awarded by the sheriff courts, where a sheriff does not appoint a person to be trustee (by virtue of Section 2(2C) of the Act).
— To act as interim trustee before the award of sequestration, if appointed by the sheriff, except those where an alternative interim trustee is appointed when nominated by the petitioning creditor (by virtue of Section 2(6)(b) of the Act).
— To act as trustee on the resignation, death or replacement of the original trustee where no new trustee is elected or appointed (by virtue of Sections 28 and 28A of the Act).
AiB requires the services of providers to administer bankruptcy cases where The Accountant has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 2016.
An Operating Manual guidance detailing the bankruptcy administration process will be provided. They will be appointed to act on behalf of The Accountant. The Accountant will remain the Trustee throughout.
AiB requires all sensitive data to be handled and stored in accordance with the provisions of the Data Protection Act 1988. AiB requires evidence of technical facilities in place to enable receipt and administration of all cases.
II.2.5) Award criteria
Criteria below:
Quality criterion: Quality Criterion: To be included in ITT
/ Weighting: 45 %
Price
/ Weighting:
55 %
II.2.6) Estimated value
Value excluding VAT:
4 700 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: Yes
Description of renewals:
2 separate options to extend for 12 months (24 months in total).
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.2.13) 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) 2015.
Lot No: 2
II.2.1) Title
(Parts of South Western Scotland — more detail is contained with the Framework Agreement's Schedule 1 ‘Specification’)
II.2.2) Additional CPV code(s)
79211000
II.2.3) Place of performance
NUTS code:
UKM34
UKM38
UKM36
UKM35
UKM31
II.2.4) Description of the procurement
This contract will be a framework contract consisting of 3 geographic lots. The Authority intends to appoint 2 Contractors for each Lot.
Accountant in Bankruptcy (AiB) has a requirement for the provision of insolvency services for the administration of allocated sequestration cases where The Accountant is appointed trustee. The services will be required across the whole of Scotland. The requirement will be split into 3 geographic Lots. The Authority intends to appoint 2 Contractors for each Lot. The contract shall be for 2 years with 2 separate options to extend for a further year.
Cases will be allocated automatically by the case management system (BASYS) to a specific provider in each of the regional Lots dependent on the ranking of the provider in each region.
Accountant in Bankruptcy is an Agency of the Scottish Government in terms of the Scotland Act 1998. The Chief Executive is also The Accountant in Bankruptcy (The Accountant), who is an independent statutory officer appointed under Section 1 of the Bankruptcy (Scotland) Act 1985 as amended.
The Accountant has responsibility for certain statutory functions in Scotland, including the following:
— To act as trustee in all sequestrations where the debtor has not nominated a trustee (by virtue of Section 2(1B) of the Act.
— To act as Trustee in all sequestrations awarded by the sheriff courts, where a sheriff does not appoint a person to be trustee (by virtue of Section 2(2C) of the Act).
— To act as interim trustee before the award of sequestration, if appointed by the sheriff, except those where an alternative interim trustee is appointed when nominated by the petitioning creditor (by virtue of Section 2(6)(b) of the Act).
— To act as trustee on the resignation, death or replacement of the original trustee where no new trustee is elected or appointed (by virtue of Sections 28 and 28A of the Act).
AiB requires the services of providers to administer bankruptcy cases where The Accountant has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 2016.
An Operating Manual guidance detailing the bankruptcy administration process will be provided. They will be appointed to act on behalf of The Accountant. The Accountant will remain the Trustee throughout.
AiB requires all sensitive data to be handled and stored in accordance with the provisions of the Data Protection Act 1988. AiB requires evidence of technical facilities in place to enable receipt and administration of all cases.
II.2.5) Award criteria
Criteria below:
Quality criterion: Quality Criterion: To be included in ITT
/ Weighting: 45 %
Price
/ Weighting:
55 %
II.2.6) Estimated value
Value excluding VAT:
5 200 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: Yes
Description of renewals:
Two separate options to extend for 12 months.(24 months in total).
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.2.13) 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.
Lot No: 3
II.2.1) Title
(Parts of South Western Scotland and Parts of Eastern Scotland — more detail is contained with the Framework Agreement's Schedule 1 ‘Specification’)
II.2.2) Additional CPV code(s)
79211000
II.2.3) Place of performance
NUTS code:
UKM23
UKM24
UKM25
UKM28
UKM32
UKM33
UKM3
II.2.4) Description of the procurement
This contract will be a framework contract consisting of 3 geographic lots. The Authority intends to appoint 2 Contractors for each Lot.
Accountant in Bankruptcy (AiB) has a requirement for the provision of insolvency services for the administration of allocated sequestration cases where The Accountant is appointed trustee. The services will be required across the whole of Scotland. The requirement will be split into 3 geographic Lots. The Authority intends to appoint 2 Contractors for each Lot. The contract shall be for 2 years with 2 separate options to extend for a further year.
Cases will be allocated automatically by the case management system (BASYS) to a specific provider in each of the regional Lots dependent on the ranking of the provider in each region.
Accountant in Bankruptcy is an Agency of the Scottish Government in terms of the Scotland Act 1998. The Chief Executive is also The Accountant in Bankruptcy (The Accountant), who is an independent statutory officer appointed under Section 1 of the Bankruptcy (Scotland) Act 1985 as amended.
The Accountant has responsibility for certain statutory functions in Scotland, including the following:
— To act as trustee in all sequestrations where the debtor has not nominated a trustee (by virtue of Section 2(1B) of the Act.
— To act as Trustee in all sequestrations awarded by the sheriff courts, where a sheriff does not appoint a person to be trustee (by virtue of Section 2(2C) of the Act).
— To act as interim trustee before the award of sequestration, if appointed by the sheriff, except those where an alternative interim trustee is appointed when nominated by the petitioning creditor (by virtue of Section 2(6)(b) of the Act).
— To act as trustee on the resignation, death or replacement of the original trustee where no new trustee is elected or appointed (by virtue of Sections 28 and 28A of the Act).
AiB requires the services of providers to administer bankruptcy cases where The Accountant has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 2016.
An Operating Manual guidance detailing the bankruptcy administration process will be provided. They will be appointed to act on behalf of The Accountant. The Accountant will remain the Trustee throughout.
AiB requires all sensitive data to be handled and stored in accordance with the provisions of the Data Protection Act 1988. AiB requires evidence of technical facilities in place to enable receipt and administration of all cases.
II.2.5) Award criteria
Criteria below:
Quality criterion: Quality Criterion: To be included in ITT
/ Weighting: 45 %
Price
/ Weighting:
55 %
II.2.6) Estimated value
Value excluding VAT:
3 300 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: Yes
Description of renewals:
2 separate options to extend for 12 months.(24 months in total).
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.2.13) 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:
Not applicable.
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 commence of any subsequently awarded contract, the types and levels of insurance indicated below:
Question 4B.5.1
Employer's (Compulsory) Liability Insurance — minimum 5 000 000 GBP.
Question 4B.5.2
Public Liability Insurance — 5 000 000 GBP.
Question 4B.5.3
Professional Indemnity Insurance — 5 000 000 GBP.
http://www.hse.gov.uk/pubns/hse40.pdf
III.1.3) Technical and professional ability
Minimum level(s) of standards required:
4C.1.2 — The bidder will be required to provide relevant examples to demonstrate their experience and knowledge to deliver the services as described in the OJEU Contract Notice II.2.4.
4C.6.1 — Bidders will be required to confirm that their managerial staff have the following relevant educational and professional qualifications: In order to manage the administration of the case-load, there must be a minimum of 1 Joint Insolvency Examination Board qualified insolvency practitioner, plus 1 additional staff member with a Certificate of Proficiency and Personal Insolvency qualification allocated to the contract.
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
Office work.
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: 6
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2016/S 135-242626
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
13/02/2017
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.7) Conditions for opening of tenders
Date:
13/02/2017
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:
2 years.
VI.2) Information about electronic workflows
Electronic ordering will be used
VI.3) Additional information
ESPD Selection Criteria
Part IV: ‘Selection Criteria’ of the ESPD shall be scored on a pass/fail basis with the exception of Question references 4C.1.2 which shall be scored within the ‘Evaluation Criteria for Selection Stage’ shown further below:
The questions within this ESPD are not weighted.
Should any question subject to ‘pass/fail’ scoring be scored ‘fail’ the entire bid may be set aside and may take no further part in the competition.
Should a response to Question reference 4C.1.2, which shall be subject to the ‘Evaluation Criteria for Selection Stage’ as shown below, be marked below ‘2 — Acceptable’ the bid may be set aside and may take no further part in the competition.
Evaluation Criteria for Selection Criteria Question reference 4C.1.2:
0 — Unacceptable — Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion.
1 — Poor — Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains Insufficient / limited detail or explanation to demonstrate previous relevant experience / capacity / capability.
2 — Acceptable — Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature.
3 — Good — Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients.
4 — Excellent — Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients.
Bidder responses to ESPD Question References 2D.1 and 2D.1.1 are required.
ITT Award Criteria:
Award Criteria is summarised below and can be found in the ITT together with weightings:
0 Unacceptable Nil or inadequate response. Fails to demonstrate an ability to meet the requirement.
1 Poor Response is partially relevant and poor. The response 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. The response 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. The response 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. The response is comprehensive, unambiguous and demonstrates a thorough understanding of the requirement and provides details of how the requirement will be met in full.
Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=477571.
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://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.
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:
see II.1.4.
(SC Ref:477571)
Download the ESPD document here: http://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=477571
VI.4) Procedures for review
VI.4.1) Review body
Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning
KA13 6SA
UK
Telephone: +44 3002002600
Fax: +44 3002002601
Internet address(es)
URL: http://www.aib.gov.uk
VI.5) Date of dispatch of this notice
12/01/2017