Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
The City of Edinburgh Council
Waverley Court, 4 East Market Street
Edinburgh
EH8 8BG
UK
Contact person: Anna Penman
Telephone: +44 1314693922
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.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
CT0554 — Empty Homes: Estates Clearance, Garden Clearance and Minor Works and Property Protection
II.1.2) Main CPV code
70331000
II.1.3) Type of contract
Services
II.1.4) Short description
The City of Edinburgh Council (the Council) have awarded a single supplier framework agreement for the delivery of Empty Homes: General estates clearance, Garden clearance and minor works and property protection.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
1 800 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
70331000
77312000
77314000
90511300
44212329
35121300
45111320
90500000
71421000
II.2.3) Place of performance
NUTS code:
UKM75
Main site or place of performance:
City of Edinburgh.
II.2.4) Description of the procurement
The City of Edinburgh Council has awarded a framework agreement to deliver citywide service for empty homes and garden areas/wider estates managed through the Council’s four locality housing teams. The Council has a housing stock of just under 20 000 homes and around 1 500 homes that become vacant each year.
The service involves reactive work relating to garden areas and security for the Council’s empty property and wider surrounding areas, covering:
— estate clearance — litter picks, bulk uplifts due to flytipping and build-up of rubbish;
— garden maintenance and groundworks — including the provision of grass tidying and cutting, minor hard landscaping, small scale fencing, hedge and tree cutting;
— property protection — to prevent break-ins, vandalism and theft of fixtures and fittings in Council homes.
II.2.5) Award criteria
Quality criterion: Service delivery
/ Weighting: 95
Quality criterion: Community benefits
/ Weighting: 5
Price
/ Weighting:
40
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
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
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:
2019/S 202-491568
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
17/06/2020
V.2.2) Information about tenders
Number of tenders received: 6
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 6
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
idverde Ltd (Formally The Landscape Group Ltd)
Landscapes House, 3 Rye Hill Office Park, Birmingham Road, Allesley
Coventry
CV5 9AB
UK
Telephone: +44 2476405660
Fax: +44 2476405661
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot:
Total value of the contract/lot:
: 1 800 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
Exclusion:
The Council has identified that the scope of this procurement falls within a business sector which may be attractive to infiltration by organised crime groups. The Council, therefore, reserves the right to include enhanced probity checks/requirements at both the selection and award stages of the procurement.
This may include, but not be limited to, verification that a supplier or any person with powers of representation, decision or control therein, has not infringed the mandatory grounds for exclusion set out in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
Tenderers should familiarise themselves fully with this process prior to submitting their tender, failure to provide the above information will result in the tender submission being rejected.
In the case of any criminal history convictions checks, the Council may exclude any organisation where the information provided to the City of Edinburgh Council by Police Scotland does not validate fully the information provided by the organisation.
TUPE
The Transfer of Undertakings (Protection of Employment) Regulations 2006 gives effect to the EC Acquired Rights Directive 2001. The Council is not the employer and therefore is unable to comment on whether or not TUPE applies in relation to any of the particular lots or contracts. Each tenderer must ensure that they comply in full with their responsibilities under TUPE.
Tenderers should note that TUPE may or may not apply to some or all of the personnel currently assigned to undertakings that are currently performing part or all of the duties described in the service specifications. Tenderers should, prior to submitting their tender, take their own specific legal advice to ascertain whether TUPE could be held to apply to such undertakings and, if so, how that would impact on their tender.
Tenderers must indicate in their submission whether they have bid on the basis of TUPE applying. Failure to do so may result in the rejection of the tender. The Tenderer shall ensure that their decision on whether or not TUPE will apply will be the basis on which any subsequent contract award decision will be based on and the agreed price of the services. The Council reserves the right to reject any tender which, in its opinion, does not comply with the service specification and the requirements of the price proposal.
In the event that tenderers consider TUPE does apply, tenderers should refer to the information that has been provided and/or contact the incumbent provider(s) to obtain the required specific and necessary information about the personnel currently employed in providing the services that are the subject of this tendering exercise.
The Council cannot verify the accuracy of any information supplied to tenderers in respect of personnel currently employed by the incumbent provider(s) and therefore the Council has no liability in respect of such information. It is for each tenderer to ensure that they have sufficient TUPE information to submit a compliant tender. The Council accepts no liability for any costs incurred as a result of TUPE either during the tender process or post contract award.
(SC Ref:623735)
VI.4) Procedures for review
VI.4.1) Review body
Sheriff Court,
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
UK
Internet address(es)
URL: http://www.edinburgh.gov.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 email 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 OJEU 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
18/06/2020