Debt Recovery and Sheriff Officer Services Tender

Debt Recovery and Sheriff Officer Services Tender

This contract notice is in relation to a new Framework opportunity for the provision of debt recovery and sheriff officer services.

United Kingdom-Paisley: Legal services

2019/S 153-377366

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Scotland Excel
Renfrewshire House, Cotton Street
Paisley
PA1 1AR
United Kingdom
Telephone: +44 3003001200
E-mail: oss@scotland-excel.org.uk
NUTS code: UKM83

I.2)Information about 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/esop/pts-host/public/pts/web/login.html
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html

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:

Provision of Debt Recovery and Sheriff Officer Services

Reference number: 06-19

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

This contract notice is in relation to a new framework opportunity for the provision of debt recovery and sheriff officer services. It is anticipated that the scope of the services covered under the framework will include, but is not limited to, debt collection services for council tax (including water and wastewater charges), non domestic rates, housing benefit overpayments, enforcement and diligence in relation to current and former tenant rent arrears, service of a variety of statutory notices, post decree services including the service of charges, service of court documents, sundry debt, sales ledger debt collection, sales ledger diligence and penalty charge notices.

II.1.5)Estimated total value

Value excluding VAT: 4 400 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description

II.2.1)Title:

Provision of Sheriff Officer Services

Lot No: 1

II.2.2)Additional CPV code(s)

75242100
75242110
75231000
75231100
98351110

II.2.3)Place of performance

NUTS code: UKM
Main site or place of performance:

Various locations throughout Scotland.

II.2.4)Description of the procurement:

This contract notice is in relation to a new framework opportunity for the provision of sheriff officer services. It will provide a mechanism for local authorities so that they can procure a range of sheriff officer services which will include, but is not limited to, enforcement and diligence in relation to current and former tenant rent arrears, service of a variety of statutory notices, post decree services including the service of charges, service of court documents, sundry debt and sales ledger diligence. Tenderers will be able to bid for one, any, or all local authority areas.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Technical / Weighting: 90
Price – Weighting: 10

II.2.6)Estimated value

Value excluding VAT: 4 400 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/12/2019
End: 30/11/2022
This contract is subject to renewal: yes
Description of renewals:

The framework will run for an initial 36 month period, with the option to extend for up to an additional 12 month period.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

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

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. Please see the invitation to tender contained on the PCS-Tender project relevant to this procurement and the other tender documents for further information.

II.2)Description

II.2.1)Title:

Provision of Debt Recovery Services

Lot No: 2

II.2.2)Additional CPV code(s)

75242100
75242110
75231000
75231100
98351110

II.2.3)Place of performance

NUTS code: UKM
Main site or place of performance:

Various locations throughout Scotland.

II.2.4)Description of the procurement:

This contract notice is in relation to a new framework opportunity for the provision of sheriff officer services. It will provide a mechanism for local authorities so that they can procure a range of debt recovery services which will include, but is not limited to, debt collection services for council tax (including water and wastewater charges), non domestic rates, housing benefit overpayments, sundry debt and sales ledger debt collection. Tenderers will be able to bid for one, any, or all local authority areas.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Technical / Weighting: 80
Price – Weighting: 20
II.2.6)Estimated value

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/12/2019
End: 30/11/2022
This contract is subject to renewal: yes
Description of renewals:

The framework will run for an initial 36 month period, with the option to extend for up to an additional 12 month period.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

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

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. Please see the invitation to tender contained on the PCS-Tender project relevant to this procurement and the other tender documents for further information.

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

III.1.2)Economic and financial standing

List and brief description of selection criteria:

1) ESPD (Scotland) Question 4B.5: insurance requirements

2) ESPD (Scotland) Question 4B.6: other economic and financial requirements.

Minimum level(s) of standards possibly required:

1) ESPD (Scotland) Question 4B.5.

It is a requirement of this contract that bidders hold, or can commit to obtain prior to the commencement of any subsequently awarded contract, the types and levels of insurance indicated below:

ESPD (Scotland) Question 4B.5.1

Employer’s (compulsory) liability insurance: maintain a minimum indemnity limit of 10 000 000 GBP in respect of each and every claim.

ESPD (Scotland) Question 4B.5.2

Public liability insurance: maintain a minimum indemnity limit of 5 000 000 GBP in respect of each and every claim.

Professional indemnity: maintain a minimum indemnity limit of 1 000 000 GBP in respect of each and every claim.

Motor vehicle insurance: statutory third party motor vehicle cover.

For bidders who will subcontract parts of the business, the bidder should provide a letter signed by a person of appropriate authority confirming that the bidder has ongoing arrangements in place to ensure that subcontractors’ vehicles are appropriately insured and maintained.

2) ESPD (Scotland) Question 4B:6 other economic and financial requirements:

A search of the bidder against Equifax’s Protect must not return a ‘Warning’ or ‘Caution’ returnable code or any neutral code, unless the bidder confirms that it can provide any other document which Scotland Excel considers appropriate to prove to Scotland Excel (acting within its permitted discretion under the applicable public procurement rules) that the bidder does/would not represent an unmanageable risk should it be appointed on to the proposed framework agreement.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

1) ESPD (Scotland) Question 4C.10: subcontracting.

2) ESPD (Scotland) Question 4D.1: quality assurance schemes.

3) ESPD (Scotland) Question 4D.1: health and safety procedures.

Minimum level(s) of standards possibly required:

1) ESPD (Scotland) Question 4C.10: subcontracting:

Bidders will be required to confirm whether they intend to subcontract and, if so, for what proportion of the contracts to be called-off under the proposed framework agreement.

2) ESPD (Scotland) Question 4D.1: quality assurance schemes:

The bidder must have the following: the bidder must hold a UKAS (or equivalent) accredited independent third party certificate of compliance in accordance with BS EN ISO 9001 (or equivalent) or a documented policy regarding quality management. The policy must set out responsibilities for quality management demonstrating that the bidder has and continues to implement a quality management policy that is authorised by their Chief Executive, or equivalent, and is periodically reviewed at a senior management level. The policy must be relevant to the nature and scale of the work to be undertaken and set out responsibilities for quality management throughout the organisation.

3) ESPD (Scotland) Question 4D.1: health and safety procedures:

The bidder must have the following: the bidder must hold a UKAS (or equivalent), accredited independent third party certificate of compliance in accordance with BS OHSAS 18001 (or equivalent) or have, within the last 12 months, successfully met the assessment requirements of a construction-related scheme in registered membership of the Safety schemes in procurement (SSIP) forum. Whilst it is a criteria for suppliers to hold accredited independent third party certificate of compliance in accordance with BS OHSAS 18001 (or equivalent), it is important to note that due to the recent release of ISO 45001, this will now be withdrawn. Therefore, bidders are

Also required as part of their submission to specify that they will commit to migrate to the new standard by March 2021 or:

(a) a regularly reviewed and documented policy for health and safety (H&S) management, endorsed by the chief executive officer, or equivalent. The policy must be relevant to the nature and scale of your operations and set out your company’s responsibilities for H&S management and compliance with legislation (not applicable to organisations with fewer than 5 employees);

(b) documented arrangements for providing the bidder’s workforce with training and information appropriate to the type of work which the organisation is likely to bid. This must provide evidence that the bidder has in place and implements, training arrangements to ensure that its workforce has sufficient skills and understanding to discharge the various duties. This will provide details of staff health and safety training arrangements and how relevant information is communicated to staff. This must also include a description of arrangements for keeping the workforce updated on legislation and good H&S practice applicable throughout the organisation.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract

III.2.1)Information about a particular profession

Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision:

Act of Sederunt (Fees of Sheriff Officers) (No 2) 2002, as amended.

III.2.2)Contract performance conditions:

For full details of the conditions relevant to the proposed Framework Agreement and contracts to be called-off thereunder (to the extent known or settled at this stage), please see the procurement documents (details of how to access these being set out in Section ‘1.3 Communication’ of 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 and/or subcontractors) 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).

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

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
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 7
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue

IV.1.6)Information about electronic auction

An electronic auction will be used
Additional information about electronic auction:

Please note that whilst an electronic auction will not be used in the procurement process to award places onto this proposed framework agreement, tenderers should be aware that the contracting authorities permitted to call-off contracts under this proposed framework agreement may do so via an electronic auction.

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

The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information

IV.2.1)Previous publication concerning this procedure

Notice number in the OJ S: 2019/S 087-209003

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

Date: 09/09/2019
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 5 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 09/09/2019
Local time: 12:00
Place:

Scotland Excel, Renfrewshire House, Cotton Street, Paisley, PA1 1AR.

Information about authorised persons and opening procedure:

Scotland Excel Officers and Members.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

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 framework on behalf of the following contracting authorities (and successor bodies):

— the 32 local authorities in Scotland listed at http://www.scotland-excel.org.uk/home/aboutus/Ourmembers/Local-authorities.aspx

— Scotland Excel associate members listed at http://www.scotland-excel.org.uk/home/Aboutus/Ourmembers/Associate-members.aspx

— any integration authority, or other body, established pursuant to the Public Bodies (Joint Working) (Scotland) Act 2014, and

— HM Revenue and Customs Government Department.

The above is subject to each contracting authority entering into and maintaining a relevant membership agreement or other access agreement with Scotland Excel.

Tenderers are advised that the envisaged maximum number of participants that might be appointed to the proposed framework agreement set out in Section IV.1.3) of this contract notice is purely indicative. Scotland Excel reserves the right to appoint more or less bidders than the envisaged number to the proposed framework agreement.

Tenderers are advised that whether electronic ordering, invoicing and payment will be used or accepted is at the discretion of each contracting authority entitled to use this proposed framework agreement. This will be settled by them during call-off of a contract under this proposed framework agreement.

Scotland Excel have provided a webinar link providing tendering guidance for suppliers in relation to all Scotland Excel Frameworks that are advertised on the PCS-T portal. The below link will highlight features of the system in order to assist in your navigation of the tendering portal. This webinar will support the SXL 06-19 provision of debt recovery and sheriff officer services framework (ITT: 31386 project code: 14100) link: (http://www.scotland-excel.org.uk/home/Suppliers/Tendering-process.aspx).

Further information regarding the operation of the framework can be found within the tender documentation which is available in the relevant PCS-T project for this procurement exercise.

In line with Regulation 72 of the Public Contracts (Scotland) Regulations 2015, contract and framework agreements may be modified without a new procurement procedure in accordance with this part in some cases. Further details of the cases this is permitted can be found in the document ‘Sheriff Officers 0619 — Regulation 72’, within the ‘Information and instructions’ folder in the ‘Buyer Attachments’ area of the PCS-T project for this procurement.

The buyer is using PCS-Tender to conduct this ITT exercise. The project code is 14100

For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

A subcontract 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: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361

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 part of your response within the technical envelope, bidders will be requested to commit to delivery of community benefits in accordance with the methodology outlined in the tender documents.

(SC Ref:592128)

VI.4)Procedures for review

VI.4.1)Review body

Please refer to VI.4.3) below
Please refer to VI.4.3) below
United Kingdom
VI.4.2)Body responsible for mediation procedures

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 top a breach of duty under the Public Contracts (Scotland) Regulations 2015 (SSI2015/446) (as amended) may bring proceedings in the Sheriff Court or the Court of Session.

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

07/08/2019