SEN Mediation and Disagreement Resolution Service for Cheshire East Borough Council

SEN Mediation and Disagreement Resolution Service for Cheshire East Borough Council

The mediators will at all times remain independent of the local authority or clinical commissioning group.

United Kingdom-Sandbach: Legal advisory and representation services

2014/S 244-429978

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Cheshire East Borough Council
Procurement, Westfields, Middlewich Road
CW11 1HZ Sandbach
UNITED KINGDOM

Internet address(es):

General address of the contracting authority: www.cheshireeast.gov.uk

Address of the buyer profile: www.cheshireeast.gov.uk

Further information can be obtained from: Cheshire East Borough Council
UNITED KINGDOM

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Cheshire East Borough Council
UNITED KINGDOM

Tenders or requests to participate must be sent to: Cheshire East Borough Council
UNITED KINGDOM

I.2)Type of the contracting authority

Regional or local authority

I.3)Main activity

General public services
Public order and safety
Environment
Health
Housing and community amenities
Recreation, culture and religion
Education

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

SEN (Special Educational Needs) Mediation and Disagreement Resolution Service 089/14-9REE9SMWLO.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Cheshire East Region.

NUTS code UKD2

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s)

This is a voluntary notice. The European Union time-scales are not being adhered to.
To provide mediators for disagreement resolution and mediation to provide services in accordance with the Children and Families Act 2014, s.51-57.
The mediators will at all times remain independent of the local authority or clinical commissioning group.
To offer access to independent and neutral mediators and advisers who are trained to a common standard in:
Disagreement resolution/mediation
Communication
SEN legislation and framework
The role and responsibilities of schools, local authorities, clinical commissioning groups and other voluntary and statutory agencies.
To provide a forum to resolve differences of opinion where possible which arise between parents or young people, establishments as listed in the SEND Code of Practice, the local authority and/or the clinical commissioning group on matters relating to SEN.
Will be required to be delivered on behalf of Cheshire East Borough Council and, in relation to Health matters, NHS Eastern Cheshire and NHS South Cheshire Clinical Commissioning Groups.
The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SME’s).
For the avoidance of doubt, the contracting authority points out that no weight will be attached to whether or not an economic operator is an SME in selecting economic operators to submit tenders or in assessing the most economically advantageous tender.
Whilst initially for use by Cheshire East Council, the health partners NHS Eastern Cheshire and NHS South Cheshire Clinical Commissioning Groups can also use it.

II.1.6)Common procurement vocabulary (CPV)

79110000, 79111000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

To provide mediators for disagreement resolution and mediation to provide services in accordance with the Children and Families Act 2014, s.51-57.
This contract will be open for use by Cheshire East Borough Council and all Cheshire East Borough Council subsidiary and associated companies and the Eastern Cheshire and NHS South Cheshire Clinical Commissioning Groups.
The contract value is expected to be around GBP 300 000. The initial contract period is for 36 months expected to start 26.2.2015 – 25.2.2018 with 2 x 12 month options to extend.
Estimated value excluding VAT:
Range: between 250 000 and 350 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The initial period is 26.2.2015 – 25.2.2018 (with 2 x 12 month options to extend — therefore options maybe taken up for the period February 2018 to February 2019 and February 2019 to February 2020). The options will be exercised at the discretion of the Council.
II.2.3)Information about renewals

II.3)Duration of the contract or time limit for completion

Duration in months: 36 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

Determined in the Invitation to Tender Documentation.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Determined in the Invitation to Tender Documentation.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

No special legal form is required by the grouping of providers but each provider will be required to become jointly or severally responsible for the contract before acceptance.
In the case of consortium bids, the contracting authority reserves the right to require any consortium the authority awards a contract to, if it is justified for the satisfactory performance of the contract, to name a lead partner with whom it can contract, or alternatively, to form a single legal entity before entering into, or as a term of, the contract.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Social Value: The Council is committed to ensure wider social and community benefits are achieved in the course of all its commissioning and procurement activities. In accordance with this, suppliers are required to work with the Council towards achieving such aims.
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Any supplier may be disqualified who:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j)has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
Business questionnaires have to be completed as detailed in the ITT documents.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (c) a statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information of these turnovers is available.

Financial checks will be undertaken for economic operators using the Councils current financial assessors n2check (www.n2check.com). Economic operators will be assessed according to the level of risk stipulated by n2check Economic.

Minimum level(s) of standards possibly required: The organisation should hold as a minimum the following insurance levels or be able to provide with their response, a written statement advising that should they be awarded the contract they will have the required levels of insurance in place for the commencement of the contract.
Public Liability 5 000 000 GBP
Employers Liability 10 000 000 GBP
Professional Indemnity 1 000 000 GBP.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(a) a list of the works carried out over the past 5 years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services provided in the past 3 years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given: — where the recipient was a contracting authority, in the form of certificates issues or countersigned by the competent authority, — where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator;
(f) the educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
Companies will be assessed on their technical capability to carry out the contract by the completion and evaluation of a pre-qualification questionnaire.
Minimum level(s) of standards possibly required:
Tenderers must successfully pass all sections within the Business Questionnaire within the ITT documents before being evaluated further.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

089/14 9REE-9SMWLO

IV.3.2)Previous publication(s) concerning the same contract

no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

IV.3.4)Time limit for receipt of tenders or requests to participate

14.1.2015 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds

VI.3)Additional information

This is a voluntary OJEU advertisement notice.
The services are part b services and are therefore not subject to the full European Union regime and time frames.
The Authority gives no guarantee or warranty or makes any representation as to the accuracy of any indicative volumes or as to the value of the work during the contract period and to any provider(s).
I.1) Name, addresses and contact point(s)
Further information can be obtained from

Official name: Cheshire East Borough Council, Operators are required to register and download ITT documentation via the Chest at www.the-chest.org.uk — the project reference is 9REE-9SMWLO

Postal address: Westfields, Middlewich Road Cheshire East Borough Council This is an electronic tender. For all expressions of interest and to obtain documentation and to raise clarifications, organisations must register through the Cheshire East Borough Council’s electronic Contract and Tender Management System at the www.the-chest.org.uk ref 9REE 9SMWLO

Town: Sandbach
Postal code: CW11 1HZ
Country: UK
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from

Official name: Cheshire East Borough Council,Operators are required to register and download ITT documentation via the Chest at www.the-chest.org.uk — the project reference is 9REE-9SMWLO

Postal address: Westfields, Middlewich Road Cheshire East Borough Council This is an electronic tender. For all expressions of interest and to obtain documentation and to raise clarifications, organisations must register through the Cheshire East Borough Council’s electronic Contract and Tender Management System at the www.the-chest.org.uk ref 9REE 9SMWLO

Town: Sandbach
Postal code: CW11 1HZ
Country: UK
Tenders or requests to participate must be sent to

Official name: Cheshire East Borough Council, Operators are required to register and download ITT documentation via the Chest at www.the-chest.org.uk — the project reference is 9REE-9SMWLO

Postal address: Westfields, Middlewich Road Cheshire East Borough Council This is an electronic tender. For all expressions of interest and to obtain documentation and to raise clarifications, organisations must register through the Cheshire East Borough Council’s electronic Contract and Tender Management System at the www.the-chest.org.uk ref 9REE 9SMWLO

Town: Sandbach
Postal code: CW11 1HZ
Country: UK

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Royal Courts of Justice
The Strand
WC2A 2LL London
UNITED KINGDOM
Telephone: +44 2079476000

Body responsible for mediation procedures

Royal Courts of Justice
Strand
WC2A 2LL London
UNITED KINGDOM
Telephone: +44 2079476000

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Cheshire East Council will incorporate a voluntary standstill period at the point information on the award of the contract is communicated to tenderers.
That notification will provide full information on the award decision. The Public Contracts Regulations 2006 (SI 2006 No 5) provides for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).

VI.4.3)Service from which information about the lodging of appeals may be obtained

Royal Courts of Justice
Strand
WC2A 2LL London
UNITED KINGDOM

VI.5)Date of dispatch of this notice:

15.12.2014

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