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: Lisa Mallaghan
E-mail: Lisa.Mallaghan@westlothian.gov.uk
NUTS: UKM78
Internet address(es)
Main address: https://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 to the abovementioned address
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
CC13109 - Early Learning and Childcare - Flexible Framework
Reference number: CC13109
II.1.2) Main CPV code
80110000
II.1.3) Type of contract
Services
II.1.4) Short description
West Lothian Council intend to establish a flexible framework for early learning and childcare to supplement it's own in house service provision.
The Flexible Framework will be re-opened from August 2024 to new entrants on a quarterly basis.
II.1.5) Estimated total value
Value excluding VAT:
22 334 488.00
GBP
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 establish a flexible framework for early learning and childcare to supplement it's own in house service provision.
This requirement follows Scottish Government Follows the Child and providers will need to have National Standards gradings of good or above.
The Flexible Framework will be re-opened to new entrants on a quarterly basis from August 2024
II.2.5) Award criteria
Criteria below:
Quality criterion: National Care Standards
/ Weighting: 50
Price
/ Weighting:
50
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
12/08/2024
End:
07/08/2027
This contract is subject to renewal: Yes
Description of renewals:
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
Whilst the dates have been included, these may be subject to change to reflect the academic term dates i.e. this contract is for a period of 3 academic years.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
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:
Service Providers must be able to meet the National Standards criteria - Good or Above
III.1.2) Economic and financial standing
List and brief description of selection criteria:
Bidders will be expected to have the following Insurances in place at contract commencement :
Professional Indemnity 2M GBP
Employers Liability 10M GBP
Public Liability 10M GBP
The council will also undertake Dun and Bradstreet checks and Minimum levels are provided.
Minimum level(s) of standards required:
West Lothian Council will use Dun and Bradstreet’s DBAi financial reporting system to assess the financial stability of tenderers. Tenderers with a Failure Score of 50 or above on the DBAi system will be deemed to have evidenced satisfactory financial stability. Please note that below 50 will not be considered as having met this criteria. If a tenderer has a Failure Score of less
than 50, the tenderer may be required to submit their last three years accounts.
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 will be required to perform services in accordance with the Service Specification
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:
07/11/2023
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:
07/11/2023
Local time: 14:00
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
Yes
Estimated timing for further notices to be published:
Notices will be placed on a quarterly basis
VI.3) Additional information
Re: SPD Q2B, complete information for all company directors, using home address.
CONFIDENTIALITY - All information supplied by the Authority must be treated in confidence and not disclosed to third parties except
insofar as this is necessary to obtain sureties or quotations for the purpose of submitting the tender. 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.
The Tenderer shall co-operate, facilitate, support and assist the Authority in the provision of this information. In the event the Authority is required to provide information to any person as a result of a request made to it under such Act and/or codes, the Authority shall adhere to the requirements of such Act and/or codes in disclosing information relating to this Agreement, the Project documents and the Contractor.
(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.
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.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 25087. 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:
It is not anticipated that Sub-contracting arrangements will be applicable to this contract.
The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:
A non evaluated Community Benefits Clause will be incorporated.
(SC Ref:746213)
VI.4) Procedures for review
VI.4.1) Review body
livingston sheriff court
West Lothian Civic Centre
Livingston
EH54 6FF
UK
E-mail: tom.henderson@westlothian.gov.uk
VI.5) Date of dispatch of this notice
04/10/2023