Provide Insolvency Services in Scotland

Provide Insolvency Services in Scotland

This contract will be a framework contract consisting of 3 geographic lots, with a minimum of 2 companies appointed to each lot.

United Kingdom-Kilwinning: Accounting services

2016/S 135-242616

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning
KA13 6SA
United Kingdom
Contact person: Stephen Phillips
Telephone: +44 1412420131
E-mail: stephen.phillips@gov.scot
NUTS code: UKMInternet address(es):Main address: http://www.scotland.gov.ukAddress of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10482

I.2)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: http://www.publiccontractsscotland.gov.uk/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://publiccontractsscotland.gov.uk/
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: http://publiccontractsscotland.gov.uk/

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 Insolvency Services.

II.1.2)Main CPV code

79211000

II.1.3)Type of contract

Services

II.1.4)Short description:

Provision of Insolvency Services to Accountant in Bankruptcy.

II.1.5)Estimated total value

Value excluding VAT: 6 600 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

All lots.

II.2)Description

II.2.1)Title:

Provision of Insolvency Services to Accountant in Bankruptcy

Lot No: 1

II.2.2)Additional CPV code(s)

79211000

II.2.3)Place of performance

NUTS code: UKM50
NUTS code: UKM27
NUTS code: UKM22
NUTS code: UKM26
NUTS code: UKM5
NUTS code: UKM6
NUTS code: UKM21

II.2.4)Description of the procurement:

This contract will be a framework contract consisting of 3 geographic lots, with a minimum of 2 companies appointed to each lot. Accountant in Bankruptcy (AiB) has a requirement for the provision of insolvency services for the administration of allocated sequestration cases where The Accountant is appointed trustee. The services will be required across the whole of Scotland. The requirement will be split into 3 geographic Lots, with a minimum of 2 providers in each Lot. The contract shall be for 2 years with 2 separate options to extend for a further year. Cases will be allocated automatically by the case management system (BASYS) to a specific provider in each of the regional Lots dependant on the ranking of the provider in each region.

Accountant in Bankruptcy is an Agency of the Scottish Government in terms of the Scotland Act 1998. The Chief Executive is also The Accountant in Bankruptcy (The Accountant), who is an independent statutory officer appointed under Section 1 of the Bankruptcy (Scotland) Act 1985 as amended.

The Accountant has responsibility for certain statutory functions in Scotland, including the following:

— Act as trustee in all sequestrations where the debtor has not nominated a trustee (by virtue of Section 2(1B) of the Act);

— Act as Trustee in all sequestrations awarded by the Sheriff Courts, where a Sheriff does not appoint a person to be trustee (by virtue of Section 2(2C) of the Act);

— Act as interim trustee before the award of sequestration, if appointed by the sheriff, except those where an alternative interim trustee is appointed when nominated by the petitioning creditor (by virtue of Section 2(6)(b) of the Act);

— Act as trustee on the resignation, death or replacement of the original trustee where no new trustee is elected or appointed (by virtue of Sections 28 and 28A of the Act).

AiB requires the services of providers to administer bankruptcy cases where The Accountant has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 1985 as amended. An Operating Manual guidance detailing the bankruptcy administration process will be provided. They will be appointed to act on behalf of The Accountant. The Accountant will remain the Trustee throughout.

AiB requires all sensitive data to be handled and stored in accordance with the provisions of the Data Protection Act 1988. AiB requires evidence of technical facilities in place to enable receipt and administration of all cases.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: To be included in tender document / Weighting: 45 %
Price – Weighting: 55 %

II.2.6)Estimated value

Value excluding VAT: 2 200 000.00 GBP

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

Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 separate options to extend for 12 months.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Maximum number: 10
Objective criteria for choosing the limited number of candidates:

This Procurement will be conducted through the use of the Restricted Procedure. All queries about this procurement must be made via the Public Contracts Scotland messaging system.

The process we will apply will be:

— Statements including the specific requirements which can be found within Section III.1.2) and III.1.3) of the Contract Notice;

— Bidders must pass the minimum standards sections of the ESPD (Scotland).

Part III and Section B of Part IV will be scored on a pass/fail basis, and Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

0 — Unacceptable. Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion;

1 — Poor. Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/ capacity/capability;

2 — Acceptable. Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature;

3 — Good. Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients;

4 — Excellent. Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients;

— The responses to the questions of Section III.1.3) of the Contract Notice will be weighted the following way: Please see ESPD (Scotland) Question 4C.1.2: 60 %, 4C.6.1: 40 %.

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) 2015.

II.2)Description

II.2.1)Title:

Provision of Insolvency Services to Accountant in Bankruptcy

Lot No: 2

II.2.2)Additional CPV code(s)

79211000

II.2.3)Place of performance

NUTS code: UKM34
NUTS code: UKM38
NUTS code: UKM36
NUTS code: UKM35
NUTS code: UKM31

II.2.4)Description of the procurement:

This contract will be a framework contract consisting of 3 geographic lots, with a minimum of 2 companies appointed to each lot.

Accountant in Bankruptcy (AiB) has a requirement for the provision of insolvency services for the administration of allocated sequestration cases where The Accountant is appointed trustee. The services will be required across the whole of Scotland. The requirement will be split into 3 geographic Lots, with a minimum of 2 providers in each Lot. The contract shall be for 2 years with 2 separate options to extend for a further year.

Cases will be allocated automatically by the case management system (BASYS) to a specific provider in each of the regional Lots dependant on the ranking of the provider in each region.

Accountant in Bankruptcy is an Agency of the Scottish Government in terms of the Scotland Act 1998. The Chief Executive is also The Accountant in Bankruptcy (The Accountant), who is an independent statutory officer appointed under Section 1 of the Bankruptcy (Scotland) Act 1985 as amended.

The Accountant has responsibility for certain statutory functions in Scotland, including the following:

— Act as trustee in all sequestrations where the debtor has not nominated a trustee (by virtue of Section 2(1B)of the Act);

— Act as Trustee in all sequestrations awarded by the Sheriff Courts, where a Sheriff does not appoint a person to be trustee (by virtue of Section 2(2C) of the Act);

— Act as interim trustee before the award of sequestration, if appointed by the Sheriff, except those where an alternative interim trustee is appointed when nominated by the petitioning creditor (by virtue of Section 2(6)(b) of the Act);

— Act as trustee on the resignation, death or replacement of the original trustee where no new trustee is elected or appointed (by virtue of Sections 28 and 28A of the Act).

AiB requires the services of providers to administer bankruptcy cases where The Accountant has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 1985 as amended.

An Operating Manual guidance detailing the bankruptcy administration process will be provided. They will be appointed to act on behalf of The Accountant. The Accountant will remain the Trustee throughout.

AiB requires all sensitive data to be handled and stored in accordance with the provisions of the Data Protection Act 1988. AiB requires evidence of technical facilities in place to enable receipt and administration of all cases.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: To be included in tender documentation / Weighting: 45 %
Price – Weighting: 55 %

II.2.6)Estimated value

Value excluding VAT: 2 200 000.00 GBP

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

Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 separate options to extend for 12 months.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Maximum number: 10
Objective criteria for choosing the limited number of candidates:

This Procurement will be conducted through the use of the Restricted Procedure. All queries about this procurement must be made via the Public Contracts Scotland messaging system.

The process we will apply will be:

— Statements including the specific requirements which can be found within Section III.1.2) and III.1.3) of the Contract Notice;

— Bidders must pass the minimum standards sections of the ESPD (Scotland).

Part III and Section B of Part IV will be scored on a pass/fail basis, and Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

0 — Unacceptable. Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion;

1 — Poor. Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/ capacity/capability;

2 — Acceptable. Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature;

3 — Good. Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients;

4 — Excellent. Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients.

— The responses to the questions of Section III.1.3) of the Contract Notice will be weighted the following way: Please see ESPD (Scotland) Question 4C.1.2: 60 %, 4C.6.1: 40 %.

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.

II.2)Description

II.2.1)Title:

Provision of Insolvency Services

Lot No: 3

II.2.2)Additional CPV code(s)

79211000

II.2.3)Place of performance

NUTS code: UKM23
NUTS code: UKM24
NUTS code: UKM25
NUTS code: UKM28
NUTS code: UKM32
NUTS code: UKM33
NUTS code: UKM3

II.2.4)Description of the procurement:

This contract will be a framework contract consisting of 3 geographic lots, with a minimum of 2 companies appointed to each lot. Accountant in Bankruptcy (AiB) has a requirement for the provision of insolvency services for the administration of allocated sequestration cases where The Accountant is appointed trustee. The services will be required across the whole of Scotland. The requirement will be split into 3 geographic Lots, with a minimum of 2 providers in each Lot. The contract shall be for 2 years with 2 separate options to extend for a further year. Cases will be allocated automatically by the case management system (BASYS) to a specific provider in each of the regional Lots dependant on the ranking of the provider in each region. Accountant in Bankruptcy is an Agency of the Scottish Government in terms of the Scotland Act 1998. The Chief Executive is also The Accountant in Bankruptcy (The Accountant), who is an independent statutory officer appointed under Section 1 of the Bankruptcy (Scotland) Act 1985 as amended.

The Accountant has responsibility for certain statutory functions in Scotland, including the following:

— Act as trustee in all sequestrations where the debtor has not nominated a trustee (by virtue of Section 2(1B)of the Act);

— Act as Trustee in all sequestrations awarded by the Sheriff Courts, where a Sheriff does not appoint a person to be trustee (by virtue of Section 2(2C) of the Act);

— Act as interim trustee before the award of sequestration, if appointed by the sheriff, except those where an alternative interim trustee is appointed when nominated by the petitioning creditor (by virtue of Section 2(6)(b) of the Act);

— Act as trustee on the resignation, death or replacement of the original trustee where no new trustee is elected or appointed (by virtue of Sections 28 and 28A of the Act).

AiB requires the services of providers to administer bankruptcy cases where The Accountant has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 1985 as amended.

An Operating Manual guidance detailing the bankruptcy administration process will be provided. They will be appointed to act on behalf of The Accountant. The Accountant will remain the Trustee throughout.

AiB requires all sensitive data to be handled and stored in accordance with the provisions of the Data Protection Act 1988. AiB requires evidence of technical facilities in place to enable receipt and administration of all cases.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: To be included in tender documentation / Weighting: 45 %
Price – Weighting: 55 %

II.2.6)Estimated value

Value excluding VAT: 2 200 000.00 GBP

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

Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 separate options to extend for 12 months.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Maximum number: 10
Objective criteria for choosing the limited number of candidates:

This Procurement will be conducted through the use of the Restricted Procedure. All queries about this procurement must be made via the Public Contracts Scotland messaging system.

The process we will apply will be:

— Statements including the specific requirements which can be found within Section III.1.2) and III.1.3) of the Contract Notice;

— Bidders must pass the minimum standards sections of the ESPD (Scotland).

Part III and Section B of Part IV will be scored on a pass/fail basis, and Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

0 — Unacceptable. Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion.

1 — Poor. Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/ capacity/capability.

2 — Acceptable. Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity, e.g. previous experience, knowledge or skills may not be of a similar nature.

3 — Good. Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients.

4 — Excellent. Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients.

The responses to the questions of Section III.1.3) of the Contract Notice will be weighted the following way: Please see ESPD (Scotland) Question 4C.1.2: 60 %, 4C.6.1: 40 %.

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.

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:

Not applicable.

III.1.2)Economic and financial standing

Minimum level(s) of standards possibly required:

Question 4B.2.2: Minimum requirement is average yearly turnover for last 3 years under each lot is 500 000 GBP.

Question 4B.4:

Current Ratio: Minimum of 1,0;

Gross Profit Ratio: Minimum of 0,2;

Return on Assets: Minimum of 0,0;

Debt Ratio: Maximum of 1,0.

Question 4B.5.1:

Employer’s (Compulsory) Liability Insurance — minimum 5 000 000 GBP;

Public Liability Insurance — 5 000 000 GBP;

Professional Indemnity Insurance — 5 000 000 GBP.

III.1.3)Technical and professional ability

Minimum level(s) of standards possibly required:

4C.1.2 (60 %) — The bidder will be required to provide relevant examples to demonstrate their experience and knowledge to deliver the services as described in the OJEU Contract Notice II.2.4)

4C.6.1 (40 %) — In order to manage the administration of the case-load, there must be a minimum of 1 JIEB qualified insolvency practitioner, plus 1 additional staff member with a CPPI qualification allocated to the contract.

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:

Office work.

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

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Restricted 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: 6
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about 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: 2016/S 111-197019

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

Date: 11/08/2016
Local time: 12:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

Date: 23/08/2016

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

Tender must be valid until: 31/01/2017
IV.2.7)Conditions for opening of tenders

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:

Award Criteria:

The scoring system used to evaluate the award criteria in the ITT will be as follows:

0 — Unacceptable Nil or inadequate response. Fails to demonstrate an ability to meet the requirement;

1 — Poor Response is partially relevant and poor. The response addresses some elements of the requirement but contains insufficient/limited detail or explanation to demonstrate how the requirement will be fulfilled;

2 — Acceptable Response is relevant and acceptable. The response addresses a broad understanding of the requirement but may lack details on how the requirement will be fulfilled in certain areas;

3 — Good Response is relevant and good. The response is sufficiently detailed to demonstrate a good understanding and provides details on how the requirements will be fulfilled;

4 — Excellent Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates a thorough understanding of the requirement and provides details of how the requirement will be met in full.

Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland web site at:http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=453364

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at:http://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 Contractor shall ensure that all contracts with Subcontractors and Suppliers which the Contractor intends to procure following the Commencement Date, and which the Contractor has not, before the date of this Contract, already planned to award to a particular Subcontractor or Supplier, are advertised through the Public Contracts Scotland procurement portal (www.publiccontractsscotland.gov.uk) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract.

Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:

The supplier(s) will be required to embrace the concept of sustainable development and community benefits and will be required to work with its partners to deliver employment/training opportunities and other community benefits.

(SC Ref:453364).

VI.4)Procedures for review

VI.4.1)Review body

Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning
KA13 6SA
United Kingdom
Telephone: +44 1412420131Internet address:http://www.scotland.gov.uk
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

11/07/2016

 

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