South Lanarkshire Council

Council Headquarters, Almada Street

Hamilton

ML3 0AA

UK

Contact person: Marie McGowan

E-mail: marie.mcgowan@southlanarkshire.gov.uk

NUTS: UKM95

Internet address(es)

Main address: http://www.southlanarkshire.gov.uk

Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00410

II.1.1) Title

Reference number: SLC/SW/23/035

II.1.2) Main CPV code

85000000

II.1.3) Type of contract

Services

II.1.4) Short description

South Lanarkshire Council is seeking to appoint Service Providers to a Procured Services Arrangement (PSA) for the provision of Care at Home and Housing Support Services commencing on 1st July 2024.

The contract will be delivered to Supported Persons residing within South Lanarkshire and who are supported by the Council and South Lanarkshire Health and Social Care Partnership (SLHSCP).

SLHSCP deliver adult social care services and all community health services for adults and children in the South Lanarkshire area. The services will support individuals to live in their own homes and to play an active part in their communities as much as they are able.

The Self Directed Support (SDS) regulations offer Supported Persons a choice of provider to an extent not available through a Framework or a Dynamic Purchasing System (DPS) therefore the Council is utilising an innovative Procured Services Arrangement (PSA) under the Light Touch Rules contained in Regulation 74 - 76 of the Public Contracts (Scotland) Regulations 2015.

The PSA will allow providers to be added over its 15 year term, this will facilitate the Supported Person's choice.

II.1.5) Estimated total value

Value excluding VAT: 714 300 000.00  GBP

II.1.6) Information about lots

This contract is divided into lots: No

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:

SPD Question 2.C.1 Reliance on the capacities of other entities

Bidders are required to complete a full SPD for each of the entities whose capacity they rely upon

SPD Question 2.D.1 Subcontractors on whose capacity the bidder does not rely

Bidders are required to complete a shortened version of the SPD for each Subcontractor on whose capacity the bidder does not rely on

Exclusion Criteria:

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.

SPD Questions 3A – 3C have been identified as mandatory exclusion grounds and ESPD Questions 3D have been identified as discretionary exclusion grounds. All the exclusion grounds will be assessed on a PASS/FAIL basis. For the mandatory exclusion grounds a bid will be excluded where the bidder fails to provide either a positive response or to provide details to the satisfaction of the Council of the self cleansing measures undertaken. .For the discretionary exclusion grounds a bid may be excluded where the bidder fails to provide either a positive response or if the Council is not satisfied as to the self cleansing measures undertaken.

SPD Question 4A.1 Trade Registers. It is a requirement of this tender that if the bidder is UK based they must hold a valid registration with Companies House. Where the bidder is UK based but not registered at Companies House they must be able to verify to the Councils satisfaction that they are trading from the address provided in the tender and under the company name given.

If the bidder is based out-with the UK they must be enrolled in the relevant professional or trade register appropriate to their country as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015.

III.1.2) Economic and financial standing

List and brief description of selection criteria:

SPD Question 4B.4 Economic and Financial Standing

The Council will use the following ratios to evaluate a bidders financial status:

Profitability – this is taken as profit after tax but before dividends and minority interests. If a company makes a profit then it is a pass for this ratio;

Liquidity – this is calculated as current assets less stock and work in progress, divided by current liabilities. If the answer is greater than or equal to one then it is a pass for this ratio

Gearing – this is calculated as the total external secured borrowing (short term and long term) divided by shareholder funds expressed as a percentage. If the answer is less than or equal to 100% it is considered a pass for this ratio.

Bidders must provide the name and value of each of the 3 ratios within their response to ESPD question 4B.4.

The Council requires bidders to pass 2 out of the 3 financial ratios above.

Where 2 out of the 3 ratios cannot be met, the Council may take the undernoted into consideration when assessing financial viability and the risk to the Council, providing that the Bidder can supply evidence to substantiate any of the mitigating criteria when requested to do so. The following list is not exhaustive and other criteria may be considered where proposed by a bidder as mitigating factors:

Would the bidder have passed the checks if prior year accounts had been used?

Were any of the poor appraisal outcomes "marginal"?

Does the bidder operate in a market which, traditionally, requires lower liquidity or higher debt finance?

Does the bidder have sufficient reserves to sustain losses for a number of years?

Does the bidder have a healthy cashflow?

Is the bidder profitable enough to finance the interest on its debt?

Is most of the bidder's debt owed to group companies?

Is the bidder's debt due to be repaid over a number of years, and affordable?

Have the bidder's results been adversely affected by "one off costs" and / or "one off accounting treatments"?

Do the bidder's auditors (where applicable) consider it to be a "going concern"?

Will the bidder provide a Parent Company Guarantee?

Is the bidder the single supplier/source of the Goods/Works/Services in the marketplace?

The Council will request submission of and assess the bidders financial accounts, and may use financial verification systems to validate the information provided.

SPD Question 4B.5 Insurance

The bidder must confirm that they have or will commit to obtain prior to the commencement of the contract, the following levels of Insurance Cover:

Employer’s Liability Insurance covering the death of or bodily injuries to employees of the bidder arising out of and in the course of their employment in connection with this contract to the level of 10000000 GBP in respect of each claim, without limit to the number of claims.

Public Liability Insurance covering the death of or bodily injury to a person (not an employee of the bidder) or loss of or damage to property resulting from an action or failure to take action by the bidder to the level of 5000000 GBP in respect of each claim, without limit to the number of claims.

III.1.3) Technical and professional ability

List and brief description of selection criteria:

SPD Question 4C.1.2 Technical and Professional Ability

Bidders must provide 3 detailed examples of relevant experience with reference to the nature and details of the services that are the subject matter of this tender, examples are to be provided of the services undertaken by the bidder in the last 3 years.

SPD Question 4C.6 Technical and Professional Ability

It is a requirement of this tender that Bidders shall work to maintain and exceed a Care Inspectorate Grade of 3 or above for all key questions in the Care Inspectorate quality indicator framework.

Bids will be considered from Providers who are registered with the Care Inspectorate but are awaiting their first inspection. Providers who have yet to be inspected may be subject to increased monitoring and service caps pending successful evaluation of services.

SPD Question 4C.6.1 Technical and Professional Ability

It is a requirement of this tender that Bidders can demonstrate that staff delivering care are registered with Scottish Social Services Council (SSSC) throughout the duration of the PSA. Bidders will be required to provide this information to the Council in relation to the staff who deliver the Services.

Throughout the period of the PSA, Providers shall comply with any conditions of the Care Inspectorate, any relevant legislation including (but not limited to) the Public Services Reform (Scotland) Act 2010, Health and Care (Staffing) (Scotland) Act 2019 and to best practice guidelines issued by the Scottish Government or by non-departmental public bodies including (but not limited to) the Care Inspectorate, Scottish Social Services Council (SSSC), the Mental Welfare Commission and the Scottish Human Rights Commission.

III.2.2) Contract performance conditions

As detailed in Attachment 5 - Care at Home Procured Services Arrangement Terms and Conditions and Attachment 6 - Care at Home Call On Contract.

III.2.3) Information about staff responsible for the performance of the contract

Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

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.

Justification for any framework agreement duration exceeding 4 years: Light Touch process. The ITT will remain open for the lifetime of the PSA. Bidders can apply for appointment to the PSA at any time during its term by submission of a completed ITT with required supporting documentation. There are no limits to the number of times that bidders can submit bids. Bids will be evaluated in accordance with the process set out in “Attachment 2 - Evaluation of Tenders”.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:

2023/S 000-737156

IV.2.2) Time limit for receipt of tenders or requests to participate

Date: 15/01/2024

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

Tender must be valid until: 16/07/2024

IV.2.7) Conditions for opening of tenders

Date: 15/01/2024

Local time: 12:00

VI.4.1) Review body