Social and other specific services – public contracts
Directive 2014/24/EU - Public Sector Directive
Section I: Contracting Change
I.1) Name and addresses
I.2) Joint procurement
The contract is awarded by a central purchasing body
The procurement documents are available for unrestricted and full direct access, free of charge at:
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
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
National Flexible Framework for Care and Support Services (Care at Home and Supported Living)
Reference number: 1318
II.1.2) Main CPV code
II.1.3) Type of contract
II.1.4) Short description
This procurement exercise is to establish a ‘National Flexible Framework’ in accordance with Regulations 74-76 of the Public Contracts (Scotland) Regulations 2015 (further referred to as 'the Flexible Framework') for the purchase of care at home and supported living services, collectively referred to as care and support services.
Care and support services will support people to achieve the best possible quality of life, in terms of their personal aspirations, choices and abilities, that enables them to live independently and safely within their own home for as long as practicable.
The flexible framework allows for new entrants to be admitted, as providers, after it has been established. Following award, successful providers will also be able to add new services and locations to their service offering in accordance with the terms of the flexible framework.
The value provided in II.1.5 is an estimate only.
II.1.5) Estimated total value
Value excluding VAT: 560 000 000.00 GBP
II.1.6) Information about lots
This contract is divided into lots:
II.2.2) Additional CPV code(s)
II.2.3) Place of performance
Main site or place of performance:
Various locations of the Councils and associate members within Scotland.
II.2.4) Description of the procurement
This flexible framework is intended to allow Councils and associate members/other bodies to procure a variety of care and support services, all as further described within the procurement documents attached to this contract notice.
Councils in Scotland have their own current arrangements for the purchase of care and support services. Current care packages will not necessarily transfer over to this new flexible framework. This will be a decision for Councils to make in line with their assessment and review process.
Scotland Excel elects to use the ESPD in this exercise in respect of exclusion grounds and selection criteria for this flexible framework, as a matter of best practice.
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
II.2.14) Additional information
Economic operators may be excluded from this process if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015, the invitation to tender contained on PCS and is relevant to this procurement and the other procurement documents for further information.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.4) Objective rules and criteria for participation
Care and support services are a social service as defined in Schedule 3 of the Public Contracts (Scotland) Regulations 2015 (‘the Regulations’) and the flexible framework which is the subject of this notice shall be established in accordance with Regulations 74-76 of the regulations. Any application of or reference to other regulations unless clearly identified is not to be implied and should not be construed as applying any of the other regulations to the procurement exercise or resulting flexible framework or bringing any of them into force.
It is a material condition of this flexible framework that throughout its duration, the provider will hold and maintain the necessary Registration with the care inspectorate for the delivery of services. The provider will be required to have attained and maintain a grade of three (3) or above for all quality themes at the time of application to be included in the flexible framework.
Refer to the procurement documents for additional information.
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
For full details of the contract conditions, please see the applicable procurement documents attached to this contract notice.
Scotland Excel will require the members of any tendering group of entities (including, but not limited to, consortium members, members of a group of economic operators) to be jointly and severally liable for the performance of the contract (no matter the legal form taken by those entities in order to enter into the contract).
Consortium information may be disclosed in accordance with the regulations.
Tenderers should note there is no guarantee of any business, use, level of use or continuity of business through the flexible framework. Councils will use the call off options described in the procurement documents to arrange care packages. This includes the option to award a block contract under the flexible framework to assist in the delivery of sustainable care and support services.
Section IV: Procedure
IV.1.1) Type of procedure
IV.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
IV.1.11) Main features of the award procedure:
Technical 90 % and commercial 10 %.
Please refer to the information and instructions to tenderers for full details of the tender evaluation methodology.
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
IV.2.2) Time limit for receipt of tenders or requests to participate
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
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
Scotland Excel as a central purchasing body, may procure this flexible framework on behalf of the following contracting authorities: the 32 Councils in Scotland and associate members are listed at: https://tinyurl.com/y47b5m6e
Care Inspectorate Grades — purchasers may set a locally acceptable minimum Care Inspectorate grade and may only enter into ISAs with providers which meet the required grades.
Scotland Excel will conduct a financial analysis on tenderers from a credit referencing agency. The tenderer is to confirm that a search will not return a ‘Warning’ or ‘caution’ returnable code or any neutral code or can provide documents to prove that the tender does/would not represent an unmanageable risk should it be appointed onto the proposed framework. Tenderers who are unable to demonstrate satisfactory financial stability will be excluded.
Minimum insurance requirements
To a minimum indemnity limit of 10 000 000 GBP each and every claim.
Liability must not exclude abuse and/or molestation cover.
To a minimum indemnity limit of 10 000 000 GBP each and every claim.
Statutory third-party motor vehicle liability.
Where a vehicle is used in delivery of the service, statutory third-party motor vehicle cover should be evidenced by way of a valid MV certificate in the company name, or where there is no company fleet and employees use their own vehicles instead, a letter signed by a person of appropriate authority confirming that the provider has ongoing arrangements in place to ensure that employees' vehicles are appropriately insured and maintained for business purposes.
The purchaser may request an increase to the minimum level of insurance cover required or request additional insurance cover when purchasing an individual support agreement.
Subject to Law and Guidance Scotland Excel reserves the right to enter into negotiations on any element following submission, to accept submissions without further negotiation, to award in part or in whole, or not to make any awards.
This flexible framework is designed for the provision of care and support services delivered and regulated within Scotland. Care and support services must operate in accordance with applicable law and guidance.
Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=597436.
The buyer has indicated that it will accept electronic responses to this notice via the postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
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:
On assessment of the market, it is unlikely that many provider responses will include proposals to sub-contract elements of the service.
Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361
A summary of the expected community benefits has been provided as follows:
Refer to Schedule 1
Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=597436
VI.4) Procedures for review
VI.4.1) Review body
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