Dementia Care Residential Services and Huddersfield

Dementia Care Residential Services and Huddersfield

Provide Dementia Care Residential Services and Transfer of Claremont House and Castle Grange.

United Kingdom-Huddersfield: Health and social work services

2018/S 020-042518

Social and other specific services – public contracts

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

The Council of the Borough of Kirklees
The Town Hall
Huddersfield
HD1 2TA
United Kingdom
Contact person: Emma Hanley
Telephone: +44 1484221000
E-mail: emma.hanley@kirklees.gov.uk
NUTS code: UKE44Internet address(es):Main address: http://www.kirklees.gov.uk

Address of the buyer profile: https://www.yortender.co.uk

I.2)Joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.yortender.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted 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:

KMCAS-112 Provision of Dementia Care Residential Services and Transfer of Claremont House and Castle Grange

Reference number: KMCAS-112

II.1.2)Main CPV code

85000000

II.1.3)Type of contract

Services

II.1.4)Short description:

Kirklees Council is undertaking a procurement exercise to transfer two dementia care residential facilities to the independent sector. Key features of the procurement are:

— Freehold transfer of land for the market value of the property with covenant restrictions for 15 years (refer to VI.3 for further details),

— Financial model supports transitional funding for initial 5 years,

— Transfer of the businesses as going concerns through a Business Transfer Agreement,

— Provision of dementia care residential services for the existing service users resident at the time of transfer, through a Care Services Agreement.

The Contract will commence on 1.9.2018 for a period of 5 years with the option to extend for a further period, or for successive periods, up to 31.8.2025.

The Council would like the existing residents to be able to remain at the Care Homes for the rest of their natural lives and on the same terms as under the Contract.

II.1.5)Estimated total value

Value excluding VAT: 11 340 856.80 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for maximum number of lots: 2
Maximum number of lots that may be awarded to one tenderer: 2
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

There will be a maximum of two Contracts awarded for the provision of dementia residential care services (and subsequent transfer of Claremont House and Castle Grange) under this Tender; 1 Contract for each Lot. Bidders can apply for 1 Lot or both Lots, and may be awarded Contracts for 1 or both Lots.

II.2)Description

II.2.1)Title:

Claremont House

Lot No: 1

II.2.2)Additional CPV code(s)

85144000
85144100
85000000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Claremont House, 36 Brighton Street, Heckmondwike WF16 9EU.

II.2.4)Description of the procurement:

This is a single stage procurement and Bidders should submit both their completed Selection Questionnaires (SQ) and Supplier Submission Document (full Tender response) together by the deadline. Bidders should note that their Tender responses will only be evaluated substantively once suitability of the Bidders has been assessed in accordance with the selection criteria and minimum levels of suitability, as detailed in the SQ. Bidders who fail to satisfy the minimum requirements stipulated in the SQ will be eliminated from the process at this stage and their Tender response will not be subject to further evaluation.

In order to identify the Most Economically Advantageous Tender which best meets the Council’s requirements the Council may elect to either:

— award the Contract following the Evaluation Period without carrying out a Negotiation Period; or,

— commence the Negotiation Period and enter into negotiations with the Bidders who have submitted Tenders in order to improve the content of those Tenders.

It is the Council’s intention to only negotiate with Bidders in the event that, in the Council’s opinion, none of the bids received represent value for money. Alternatively, the Council may choose to award the Contract on the basis of Bidders’ Initial Tenders.

Bidders should note that the Council reserves the right to proceed to evaluate Tenders and identify a Successful Bidder without further correspondence with Bidders and so each Initial Tender submitted should be capable of assessment on its own merits without being subject to any negotiation. Bidders should note that the Council will not negotiate on the Procurement Documents, and are therefore requested not to submit mark-ups of the Contract or any other Procurement Document. Negotiations will be in relation to Bidders “offers” only.

Claremont House currently provides 30 residential places and 10 respite beds, however respite provision is not included in the services to be transferred. Therefore this tender offers the opportunity of at least 10 beds with which to operate any chosen service delivery model. The Council will endeavour to place residents in the Care Homes until the Contract Commencement Date so that the Care Homes transfer to the Successful Bidder with as many existing residents as possible. The Council expects that at the Contract Commencement Date there will be between 25 and 30 residents at the Care Home, although it cannot guarantee such numbers. Note that the estimated total value (at II.2.6 and II.1.5) is based on the maximum number of service users being resident at the time of transfer (i.e. 30 residents), being paid the Council standard independent sector dementia residential care rate (519.27 GBP) per week.

The Council anticipates that it may change the specification for the Contract during its term. Any changes to the specification are likely to be limited to changes to reflect new legislation and any change in legislation or update changes in relation to practice and the Council anticipates that these changes will leave the Successful Bidder in a no better and no worse position.

There are currently 59 members of staff working at Claremont House. All current staff are part time employees with the exception of managers and deputy managers at both homes who are all full time employees. TUPE will apply and employees will be eligible for either LGPS or a broadly comparable pension scheme. The LGPS admissions body will also require a bond.

II.2.6)Estimated value

Value excluding VAT: 5 670 428.40 GBP

II.2.7)Duration of the contract or the framework agreement

Duration in months: 84

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
II.2)Description

II.2.1)Title:

Castle Grange

Lot No: 2

II.2.2)Additional CPV code(s)

85144000
85144100
85000000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Castle Grange, Ings Lane, Newsome, Huddersfield HD4 6LT.

II.2.4)Description of the procurement:

This is a single stage procurement and Bidders should submit both their completed Selection Questionnaires (SQ) and Supplier Submission Document (full Tender response) together by the deadline. Bidders should note that their Tender responses will only be evaluated substantively once suitability of the Bidders has been assessed in accordance with the selection criteria and minimum levels of suitability, as detailed in the SQ. Bidders who fail to satisfy the minimum requirements stipulated in the SQ will be eliminated from the process at this stage and their Tender response will not be subject to further evaluation.

In order to identify the Most Economically Advantageous Tender which best meets the Council’s requirements the Council may elect to either:

— award the Contract following the Evaluation Period without carrying out a Negotiation Period; or,

— commence the Negotiation Period and enter into negotiations with the Bidders who have submitted Tenders in order to improve the content of those Tenders.

It is the Council’s intention to only negotiate with Bidders in the event that, in the Council’s opinion, none of the bids received represent value for money. Alternatively, the Council may choose to award the Contract on the basis of Bidders’ Initial Tenders.

Bidders should note that the Council reserves the right to proceed to evaluate Tenders and identify a Successful Bidder without further correspondence with Bidders and so each Initial Tender submitted should be capable of assessment on its own merits without being subject to any negotiation. Bidders should note that the Council will not negotiate on the Procurement Documents, and are therefore requested not to submit mark-ups of the Contract or any other Procurement Document. Negotiations will be in relation to Bidders “offers” only.

Castle Grange currently provides 30 residential places and 10 respite beds, however respite provision is not included in the services to be transferred. Therefore this tender offers the opportunity of at least 10 beds with which to operate any chosen service delivery model. The Council will endeavour to place residents in the Care Homes until the Contract Commencement Date so that the Care Homes transfer to the Successful Bidder with as many existing residents as possible. The Council expects that at the Contract Commencement Date there will be between 25 and 30 residents at the Care Home, although it cannot guarantee such numbers. Note that the estimated total value (at II.2.6 and II.1.5) is based on the maximum number of service users being resident at the time of transfer (i.e. 30 residents), being paid the Council standard independent sector dementia residential care rate (519.27 GBP) per week.

The Council anticipates that it may change the specification for the Contract during its term. Any changes to the specification are likely to be limited to changes to reflect new legislation and any change in legislation or update changes in relation to practice and the Council anticipates that these changes will leave the Successful Bidder in a no better and no worse position.

There are currently 53 members of staff working at Castle Grange. All current staff are part time employees with the exception of managers and deputy managers at both homes who are all full time employees. TUPE will apply and employees will be eligible for either LGPS or a broadly comparable pension scheme. The LGPS admissions body will also require a bond.

II.2.6)Estimated value

Value excluding VAT: 5 670 428.40 GBP

II.2.7)Duration of the contract or the framework agreement

Duration in months: 84

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

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation

III.1.4)Objective rules and criteria for participation

List and brief description of rules and criteria:

The minimum criteria for consideration of this contract is described in the Selection Questionnaire document, under the “scoring and assessment” section. In summary Bidders will be assessed on their financial stability and ability to raise funds for the transfer of the homes, their previous experience of managing care services and managing TUPE transfers, existing CQC registrations, safeguarding history, managing risk and business continuity planning. Bidders who fail to satisfy the minimum requirements stipulated in the SQ will be excluded from the process at this stage and their Tender response will not be subject to further evaluation.

Qualitative and financial criteria are outlined in the Invitation to Tender document, including minimum score thresholds for qualitative criteria. The Council reserves the right to exclude any Bidder whom they deem to not satisfy any criteria outlined within the Tender Documentation (available from the address at 1.3 above).

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Form of procedure

Procedure involving negotiations
IV.1.3)Information about framework agreement
IV.1.10)Identification of the national rules applicable to the procedure:

IV.1.11)Main features of the award procedure:

The Council intends to award the Contract(s) to the Bidder(s) offering the Most Economically Advantageous Tender in accordance with the Evaluation Criteria and weightings detailed in the Invitation to Tender document. Quality forms 30 % whilst Price forms 70 % of the final score. The Successful Bidder(s) will be those which meets the Minimum Requirements in full, as stipulated in the Selection Questionnaire, and has the highest combined evaluation score (Quality and Price).

IV.2)Administrative information

IV.2.1)Previous publication concerning this procedure

Notice number in the OJ S: 2017/S 193-395989

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

Date: 05/03/2018
Local time: 13:00

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

English

Section VI: Complementary information

VI.2)Information about electronic workflows

Electronic invoicing will be accepted
Electronic payment will be used

VI.3)Additional information:

The Council expects to receive a ‘Premium’ in exchange for the Transfer of the Care Homes and a sum in respect of the other Assets for each Care Home including the Goodwill in the Care Home(s) business. The Council recognises that for a period of time after the Contract Commencement Date, the Successful Bidder(s) costs in running the Care Home(s) are likely to be higher than will be the case once that Bidder has had the opportunity to implement its own policies and procedures. In recognition of this, the Council will offer an element of funding (the “Transitional Funding”) which will be deducted from the Premium. The Council will allow bidders to bid for transitional funding which may be used to fund any gap between their income and their costs of providing care for the service users. Bids for transitional funding will be evaluated as part of the financial assessment and only the costs identified in the ITT may be claimed for. The Transitional Funding will relate to the first five years following the Contract Commencement Date. No further Transitional Funding will be paid by the Council for care provided to the Residents beyond that period. The Premium figured determined by the Council for each Lot is £2,015,000 which is inclusive of Assets and Goodwill.

Bidders should further note that they will be required to pay any Stamp Duty Land Tax required in relation to the Care Home(s).

Bidders should note that the Contract relates to services that fall under the “light touch” regime of Regulations 74 to 77 of the PCR 2015. This Procurement Exercise will therefore be run in accordance with the PCR 2015 as they apply to “light touch” services. While the Council is following a process similar to the competitive procedure with negotiation under the PCR 2015 neither that fact nor any other statements, acts or omissions of the Council in connection with this Procurement Exercise should be taken as indicating that the Council intends to be bound by the provisions of the PCR 2015 or the general principles of the Treaty on the Functioning of the European Union to any greater extent than applies by law.

The Kirklees Joint Strategy for Residential and Nursing Care Homes for Older People highlights that there will always be a need for care home provision; and additionally the Council’s Market Position Statement for Older People particularly highlights that there is a local shortage of high quality nursing home care for older people with dementia. This shortage remains acute and demand for it is likely to grow as more people are developing and living with dementia. The Council is particularly supportive of Bidders whose business models support the market shortage for both general nursing home care and nursing home care for people with dementia. The Council would like to see bids which support the market shortage for both general nursing home care and nursing home care for people with dementia where possible. There are a small number of marks available in the evaluation for Bidders who propose to provide nursing care from the Care Homes in future.

The social care services that are to be permitted under the restrictive covenant are:

A. The provision of personal and/or nursing care for those persons who are unable to provide it themselves or are in need of it by of reason old age and/or illness and/or disability; and

B. Accommodation for persons who require treatment for substance misuse; and

C. Assessment or medical treatment for persons detained under the Mental Health Act 1983; and

D. The provision of day services providing care and support for either (i) those person in need of it by reason of old age and/or illness and/or disability and/or (ii) the carers of those persons who are unable to look after themselves by reason of old age and/or illness and/or disability.

VI.4)Procedures for review

VI.4.1)Review body

High Court of England and Wales
N/A
United Kingdom
VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

The contracting authority will incorporate a minimum ten (10) calendar day standstill period at the point that information on the conclusion of the Contract is communicated to tenderers. This period allows any unsuccessful tenderer(s) to seek further debriefing from the contracting authority before the conclusion of theContract(s). Such additional information should be requested from the address at I.1 of this notice. If an appeal regarding the conclusion of the Contract(s) has not been successfully resolved, then the Public ContractsRegulations 2015 (SI 2015/102) provide for aggrieved parties who have been harmed or are at risk of harm by abreach of the rules to take action in the High Court (England, Wales and Northern Ireland).Any such action must be started within thirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had risen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3) months after that date. Where the Contract has not been concluded, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If however the Contract(s) has been concluded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the Contract(s) to be ineffective.

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

VI.5)Date of dispatch of this notice:

26/01/2018

 

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