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: socialcare@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
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:
https://www.publictendersscotland.publiccontractsscotland.gov.uk/
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
Children's Residential Care and Education, including Short Break, Services Flexible Framework Agreement
Reference number: 1121
II.1.2) Main CPV code
85310000
II.1.3) Type of contract
Services
II.1.4) Short description
This Contract Notice is in relation to the renewal of the national flexible framework for Children's Residential Care and Education, including Short Break, Services. The scope and structure of service options include:
- Residential care;
- Residential care and education;
- Short Breaks;
- Day Education.
II.1.5) Estimated total value
Value excluding VAT:
951 000 000.00
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
Service Option 1 - Residential Care
II.2.2) Additional CPV code(s)
85311000
85311300
85310000
85320000
85000000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
As further detailed in the procurement documents, Service Option 1 of the Flexible Framework Agreement is for the provision of Residential Care Services for Children and Young People across Scotland.
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
Lot No: 2
II.2.1) Title
Service Option 2 - Residential Care and Education
II.2.2) Additional CPV code(s)
85311000
85311300
80000000
80100000
80110000
80200000
85320000
85000000
80340000
85300000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
As further detailed in the procurement documents, Service Option 2 of the Flexible Framework Agreement is for the provision of Residential Care and Education Services for Children and Young People across Scotland.
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
Lot No: 3
II.2.1) Title
Service Option 3 - Short Breaks
II.2.2) Additional CPV code(s)
85300000
85311300
85310000
85311000
85320000
85000000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
As further detailed in the procurement documents, Service Option 3 of the Flexible Framework Agreement is for the provision of Short Break Services for Children and Young People across Scotland.
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
Lot No: 4
II.2.1) Title
Service Option 4 - Day Education
II.2.2) Additional CPV code(s)
85312000
80000000
80100000
80110000
80200000
85300000
85311300
85310000
85320000
85000000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
As further detailed in the procurement documents, Service Option 4 of the Flexible Framework Agreement is for the provision of Day Education Services for Children and Young People across Scotland.
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
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.4) Objective rules and criteria for participation
SELECTION
All staff and those providing the Service must be suitably qualified and registered with the relevant regulatory body/ies.
Care Inspectorate Registration SO1 2 and 3
Providers must be Registered and must maintain the necessary Registration with Social Care and Social Work Improvement Scotland (SCWIS) known as the Care Inspectorate. Failure to demonstrate that this requirement has been met may lead to a bidder being excluded from the process.
Education Scotland/Registration SO2 and 4
Where school education is to be provided, every individual school or learning centre which a Provider intends to include in any bid, must be registered (with the exception of Grant Aided Special Schools) with the Registrar of Independent Schools, and meet the requirements of such establishments as set out in legislation and national guidance.
Full details of economic and financial standing, including Insurance, are within the Procurement Documents within the relevant project on PCS-T.
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:
Reference to the relevant law, regulation or administrative provision:
Registration with the Care Inspectorate and/or Education Scotland and Scottish Social Services Council and/or General Teaching Council for Scotland.
Tenderers should provide Registration number(s) etc at Section 4A.2 in the SPD.
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: These services come within the ‘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, commonly known as the Light Touch Regime.
IV.1.11) Main features of the award procedure:
The scope of services to be provided under this Framework Agreement falls within the definition of social and other specific services in Schedule 3 to the Public Contracts (Scotland) Regulations 2015 ("the Regulations") and therefore the procurement process shall be subject to the requirements of section 7 of the Regulations.
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
15/06/2022
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
Full details of the requirements of this Flexible Framework Agreement (including permitted variations and contract conditions) are available in the Procurement Documents within the relevant project on PCS-T.
AWARD CRITERIA – Applicable to SO 1,2 and 3
Where a Service is registered with the Care Inspectorate, a minimum grade of three (3) is required across all inspected key questions.
In the event that a Care Inspectorate newly registered Service is awaiting its first inspection, and in recognition that the Care Inspectorate inspection regime remains affected by the impact of the COVID19 pandemic, Scotland Excel reserves the right to agree with the Care Inspectorate, suitable alternative indicator(s) of quality to assess whether the minimum requirement is met. The alternative shall reflect the circumstances and may include, but not be limited to:
-Review/confirmation of the Scrutiny Assessment Tool (or equivalent) score and responses; and
-For a Service that was previously registered under a different CS number, review of previous grades held
Tenderers will be informed which alternative indicator(s) of quality has been applied
Tenderers will be required to confirm whether they intend to subcontract any share of the contract to third parties and, if so, to complete relevant sections of the SPD for each subcontractor.
This Tender 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 the Open Procedure to establish a ‘flexible’ Framework Agreement, in both cases, with variations as permitted under the Regulations. In particular, once established, new entrants meeting the requirements are permitted to join the flexible framework agreement throughout its duration (as detailed in the Procurement Documents).
Scotland Excel, as a central purchasing body, is establishing this flexible framework for the use and benefit of its members namely 32 local authorities in Scotland, Tayside Contracts, associate members, together with any Integration Authority, or other body, established pursuant to the Public Bodies (Joint Working) (Scotland) Act 2014. Scotland Excel local authority members and associate members entitled to use this framework, are listed at http://www.scotlandexcel.org.uk/home/Aboutus/Ourmembers/Our_members.aspx
The above is subject to each contracting authority entering into and maintaining a membership agreement or other access agreement with Scotland Excel.
Scotland Excel is running Tenderer Information Sessions on the following dates - Tuesday 17 May 09:30-11:00 and Thursday 19 May 16:30-18:00. Please contact socialcare@scotland-excel.org.uk if you would like to attend either session.
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.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 20776. 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:683898)
VI.4) Procedures for review
VI.4.1) Review body
Court of Session
Edinburgh
EH1 1RQ
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
13/05/2022