Contract notice
Section I: Contracting
authority
I.1) Name and addresses
West Lothian Council
West Lothian Civic Centre, Howden South Road
Livingston
EH54 6FF
UK
Contact person: Tom Henderson
E-mail: Tom.Henderson@westlothian.gov.uk
NUTS: UKM78
Internet address(es)
Main address: https://www.westlothian.gov.uk/
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00140
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
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:
https://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
CC14214 - Early Learning and Childcare - Re-opening of Framework CC13109
II.1.2) Main CPV code
80110000
II.1.3) Type of contract
Services
II.1.4) Short description
West Lothian Council intend re-opening The Flexible Framework for Early Learning and Childcare services (contract reference CC13109) to new entrants.
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.3) Place of performance
NUTS code:
UKM78
II.2.4) Description of the procurement
West Lothian Council intend to re-open flexible framework for early learning and childcare services (Contract Reference CC13109) to new entrants.
This requirement follows Scottish Government Follows the Child and providers will need to have National Standards gradings of good or above and be registered wit the Care Inspectorate as a Day Care of Children or a Childminding Service
Please note that there is no requirement for providers who have been appointed to framework CC13109 or any other time whereby the framework has been re-opened to competition to re-apply.
The council will be using the allowable flexibilities of the Light Touch Regime and this is detailed within the Invitation to Tender e.g. re-opening to new entrants.
II.2.5) Award criteria
Criteria below:
Quality criterion: Quality
/ Weighting: 50
Price
/ Weighting:
50
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:
At the sole discretion of the council, this contract may be extended for a period of a further 12 months.
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
Service providers awarded to Early Learning and Childcare Framework CC13109 or any subsequent re-opening do not need to apply to join.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
Service Providers must be able to meet the National Standards criteria - Good or Above.
Service Providers must be registered with the Care Inspectorate as a Day Care of Children Service or a Childminding Service
This is a mandatory requirement
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: 40
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
20/06/2025
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)
IV.2.7) Conditions for opening of tenders
Date:
20/06/2025
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:
In accordance with provisions 74 - 76 of the Public Contracts (Scotland) Regulations 2015 for the Award of contracts for social and other specific services, the council may re-open this Flexible Framework to other providers at quarterly intervals after contract commencement in August 2024 and new service providers will be able to apply to be appointed to the Flexible Framework.
VI.3) Additional information
All information supplied by you to the Authority will similarly be treated in confidence except:
(i) for any information required to be disclosed or otherwise provided by the Authority to any person in order to comply with the Freedom of Information (Scotland) Act 2002 and any codes of practice applicable from time to time relating to access to public authorities’ information.
(ii) that references may be sought from banks, existing or past clients, or other referees submitted by the tenderers;
(iii) for the disclosure of such information with regard to the outcome of the procurement process as may be required to be published in the Supplement to the current World Trade Organisation or elsewhere in accordance with the requirements of UK government policy on the disclosure of information relating to government contracts.
Procedures for Review - An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session’
Re SPD question 4B.6 In relation to D&B checks
In the event that the tenderer is not required to publish accounts and therefore does not have a Dun & Bradstreet or equivalent
rating, tenderers should be able to provide financial accounts when requested. Please note that if you intend on attaching 2 years accounts, these must include financial data over a 3 year period.
The council will review any information which is comparable to a Dun & Bradstreet score of 50 from a recognised Agency to substantiate the Tenderer’s financial status.
In the event that a firm does not meet the financial criteria for consideration but has a parent company that does, the firm may still be eligible for consideration where their Tender Submission is supported by a Parent Company Guarantee.
Should after review of the financial evaluation the tenderer fail, then the tender submission may be rejected. Police Scotland and D&B checks will be carried out.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 29208. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
The Contracting Authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
As the council is not procuring services for Education services but is doing so for parent/carers this is deemed to be an excluded contract in accordance with Regulation 4 1 (b) 1 of the Procurement Reform (Scotland) Act 2014 where a contract is an excluded contract for the purposes of section 3 if (a) it is a contract of a kind to which Public Contracts Regulations do not apply by virtue of regulation 4 or 7 to 18 of those regulations, b(i) it is for the purpose of acquiring goods, works or services in order to sell, hire or provide them to other persons.
The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:
As the council is not procuring services for Education services but is doing so for parent/carers this is deemed to be an excluded contract in accordance with Regulation 4 1 (b) 1 of the Procurement Reform (Scotland) Act 2014 where a contract is an excluded contract for the purposes of section 3 if (a) it is a contract of a kind to which Public Contracts Regulations do not apply by virtue of regulation 4 or 7 to 18 of those regulations, b(i) it is for the purpose of acquiring goods, works or services in order to sell, hire or provide them to other persons.
Community Benefits proposals will not form part of the award criteria and will not be evaluated. However, any Community Benefits proposals offered will become contractual obligations.
(SC Ref:799078)
VI.4) Procedures for review
VI.4.1) Review body
Livingston sheriff court
West Lothian Civic Centre
Livingston
EH54 6FF
UK
VI.5) Date of dispatch of this notice
16/05/2025