Social and other specific services – public contracts
Contract notice
Section I: Contracting 
        authority        
      
I.1) Name and addresses
  City of Edinburgh Council
  4 East Market Street
  The City of Edinburgh Council
  EH8 8BG
  UK
  
            Contact person: Anna Penman
  
            E-mail: anna.penman@edinburgh.gov.uk
  
            NUTS: UKM75
  Internet address(es)
  
              Main address: http://www.edinburgh.gov.uk
  
              Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00290
 
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://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/
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
CT1201 - Flexible Framework Agreement for provision of Sports and Physical Activities for Children and Young People.
II.1.2) Main CPV code
  92000000
 
  II.1.3) Type of contract
  Services
  II.1.4) Short description
  The City of Edinburgh Council (the Council) is seeking to create a Flexible Framework Agreement which will support making sport and physical activities accessible to a wide range of children and young people, supporting them to maintain their health and wellbeing, as well as build their confidence and social networks.
  This requirement is delivered under two types of services, day sports and physical activities and residential sports and physical activities, organisations can apply for one or both lots.
  The Flexible Framework Agreement will be opened every two years to allow new sports and physical activities organisations to apply to be part of the Flexible Framework Agreement.
  II.1.5) Estimated total value
  Value excluding VAT: 
			2 000 000.00 
			  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
    CT1201 - Day Sports and Physical Activities
    II.2.2) Additional CPV code(s)
    98330000
    92000000
    92600000
    92610000
    92620000
    II.2.3) Place of performance
    NUTS code:
    UKM75
Main site or place of performance:
    City Wide Coverage
    II.2.4) Description of the procurement
    The Council is seeking to create a Flexible Framework Agreement in line with our commitment to getting it right for every child. Our priorities include helping children to be active, healthy, and nurtured, improving achievement, and closing any gaps in attainment.
    It is expected that any Provider looking to deliver this Service will be able to;
    - Support Improvement of attendance and achievement
    - Make their sports and physical activities accessible to all children and young people
    - Make their sports and physical activities fully inclusive to all children and young people
    - Work in flexible and holistic way to complement the children and young people’s needs
    - Address barriers to learning which can arise within the school community and individual children
    - Provide evidence of outcomes achieved
    The Flexible Framework Agreement is to cover all children and young people aged 4 to 18, across the whole of the city and aims to offer a wide range of sports and physical activities to cater for individual needs.
    II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
    
                Duration in months: 96
    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
    It is considered this procurement is covered by the "Social and Other specific Services" of The Public Contracts (Scotland) Regulations 2015.
   
  
          Lot No: 2
  
    II.2.1) Title
    CT1201 - Residential Sports and Physical Activities
    II.2.2) Additional CPV code(s)
    55243000
    98330000
    92620000
    92000000
    II.2.3) Place of performance
    NUTS code:
    UKM
    UK
Main site or place of performance:
    Trips can be across the whole of the UK.
    II.2.4) Description of the procurement
    The Council is seeking to create a Flexible Framework Agreement in line with our commitment to getting it right for every child. Our priorities include helping children to be active, healthy, and nurtured, improving achievement, and closing any gaps in attainment.
    It is expected that any Provider looking to deliver this Service will be able to;
    - Support Improvement of attendance and achievement
    - Make their sports and physical activities accessible to all children and young people
    - Make their sports and physical activities fully inclusive to all children and young people
    - Work in flexible and holistic way to complement the children and young people’s needs
    - Address barriers to learning which can arise within the school community and individual children
    - Provide evidence of outcomes achieved
    Residential trips will include sports and physical activities. The packages will be an all inclusive – transport during the visit (not to and from), food and accommodation where applicable which may be more than one night.
    - quality of instruction, accommodation, food etc will be assessed at call off.
    - range of activity – onsite and offsite to be assessed at call off.
    - provision for school/group input to adapt programme to meet needs to be assessed at call off.
    - adult places to support supervision at a ratio that supports suitable and sufficient ratio.
    The Flexible Framework Agreement is to cover all children and young people aged 4 to 18, across the whole of the city and aims to offer a wide range of sports and physical activities to cater for individual needs.
    II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
    
                Duration in months: 96
    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
    It is considered this opportunity is covered under the "Social and Other Specific Services" of The Public Contracts (Scotland) Regulations 2015.
   
 
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
  III.1.4) Objective rules and criteria for participation
  Economic operators may be excluded if they are in any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015
  B ECONOMIC AND FINANCIAL STANDING:
  4B.1.1 Yearly turnover as detailed in the SDP
  4B.1.4 Financial Ratios as detailed in the SDP
  4B.5.1b Employer's liability insurance, limit of indemnity of not less than 5,000,000GBP
  4B.5.2 Public liability insurance, limit of indemnity of not less than 1,000,000GBP
  D QUALITY ASSURANCE SCHEMES:
  4D.1(1) Health and Safety Procedures
  4D.1(2) Disclosure
  4D.1(3) Community Benefits
  4D.1(4) Fair Work First
  4D.1(5) Serious Organised Crime Groups
  More detail on each area can be found in the procurement documents
 
III.2) Conditions related to the contract
  III.2.2) Contract performance conditions
  Please see contract specific KPI information contained within the relevant specifications.
 
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: This is a Flexible Framework Agreement created under the Light Touch Regime, this means an opportunity to join the Flexible Framework will be given every two years and the term of the Flexible Framework Agreement will be 8 years.
  IV.1.10) Identification of the national rules applicable to the procedure:
  
                Information about national procedures is available at: (URL)
              
  https://www.gov.scot/policies/public-sector-procurement/
  IV.1.11) Main features of the award procedure:
  The Flexible Framework Agreement will be awarded on the basis of the Most Economically Advantageous Tender with 30% of the overall evaluation score given to price and 70% of the overall evaluation score given to quality (cost:quality ratio).
  Schools and Active Schools will be able to call off from the Flexible Framework Agreement via direct purchases or Mini Competitions.
 
IV.2) Administrative information
  IV.2.1) Previous publication concerning this procedure
  Notice number in the OJ S:
  2022/S 000-027315
  IV.2.2) Time limit for receipt of tenders or requests to participate
  
              Date:
              03/03/2023
  
                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
It is a mandatory requirement of this Framework Agreement that a prompt payment clause is present in all supply chain Contracts used in the delivery of the requirements. This ensures payment of sub-contractors at all stages of the supply chain within 30 days and includes an obligation to provide a point of contact for sub-contractors to refer to in the case of payment difficulties. This will require active monitoring of payment performance as well as the provision of evidence and reports to the Council on request or as contractually scheduled.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 22945. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
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:
The Community Benefits sought through this contract will be proportionate to individual provider's annual contract value. Community Benefits should be to the benefit of the Community as whole  and the council will work with the provider to arrange the most appropriate community benefits.
(SC Ref:718617)
VI.4) Procedures for review
  VI.4.1) Review body
  
    Sheriff Court
    Sheriff Court House, 27 Chambers Street
    Edinburgh
    EH1 1LB
    UK
   
  VI.4.3) Review procedure
  Precise information on deadline(s) for review procedures:
  A tenderer that suffers loss as a result of a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session. The City of Edinburgh Council (the Council) will have a minimum standstill period of 10 days before awarding the contract. The communication of the award decision notice will be sent by fax or e-mail to all tenderers with the standstill period commencing on the next day. If proceedings are started in the Sheriff Court or the Court of Session against the Council in respect of the decision to award the contract within the standstill period then the Council is prevented from awarding the contract. Post contract award the Sheriff Court or the Court of Session may (1) award damages provided proceedings are brought within 3 months from the date when the grounds for the bringing of the proceedings first arose (2) be entitled to issue an ineffectiveness order or impose a financial penalty on the Council. A claim for an ineffectiveness order must be made within 30 days of the Contract Award Notice being published in the FTS or within 30 days of the date those who expressed an interest in or otherwise bid for the contract were informed of the conclusion of the contract or in any other case within 6 months from the date on which the contract was entered into.
 
VI.5) Date of dispatch of this notice
13/01/2023