Data Protection Services Framework

Data Protection Services Framework

The requirement is for the provision of data protection services specifically to fulfil the obligations of Data Protection Officer as required in General Data Protection Regulations and in support of the Data Protection Act 2018.

United Kingdom-Inverness: Business and management consultancy services

2020/S 170-412562

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Official name: Highlands and Islands Enterprise
National registration number: 313
Postal address: An Lòchran, 10 Inverness Campus
Town: Inverness
NUTS code: UKM6 Highlands and Islands
Postal code: IV2 5NA
Country: United Kingdom
E-mail: hieprocurement@hient.co.uk
Telephone: +44 1463245245
Internet address(es):Main address: http://www.hie.co.uk

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00313

I.1)Name and addresses

Official name: Wave Energy Scotland Ltd
Postal address: An Lòchran, 10 Inverness Campus
Town: Inverness
NUTS code: UKM SCOTLAND
Postal code: IV2 5NA
Country: United Kingdom
E-mail: wesprocurement@hient.co.uk
Telephone: +44 1463245245

I.1)Name and addresses

Official name: South of Scotland Enterprise Agency
Postal address: Carmont House, The Crichton, Bankend Road
Town: Dumfries
NUTS code: UK UNITED KINGDOM
Postal code: DG1 4TA
Country: United Kingdom
E-mail: stuart.paterson@sose.scot
Telephone: +44 1750535901

I.1)Name and addresses

Official name: Inverness Campus Owners Association
Postal address: C/O Highlands and Islands Enterprise, An Lòchran, Inverness Campus
Town: Inverness
NUTS code: UKM62 Inverness & Nairn and Moray, Badenoch & Strathspey
Postal code: IV2 5NA
Country: United Kingdom
E-mail: ICOA@hient.co.uk
Telephone: +44 1463245245

I.2)Information about joint procurement

The contract involves joint procurement
In the case of joint procurement involving different countries, state applicable national procurement law:

The Framework Agreement will be also available for use by Orkney Research and Innovation Campus LLP and Cairngorm Mountain (Scotland) Ltd in addition to ICOA, SOSE and WES

 

I.3)Communication

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

I.4)Type of the contracting authority

Regional or local agency/office

I.5)Main activity

Economic and financial affairs

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Data Protection Services Framework

 

Reference number: O194

II.1.2)Main CPV code

79410000 Business and management consultancy services

II.1.3)Type of contract

Services

II.1.4)Short description:

 

The requirement is for the provision of data protection services specifically to fulfil the obligations of Data Protection Officer as required in General Data Protection Regulations and in support of the Data Protection Act 2018 as well as providing data protection advice as per the scope of requirements and tender guidance notes document.

This framework is being procured to provide data protection services for Highlands and Islands Enterprise (HIE) as well as South of Scotland Enterprise (SOSE), Wave Energy Scotland (WES), Cairngorm Mountain (Scotland) Ltd (CMSL), Inverness Campus Owners Association (ICOA), Orkney Research and Innovation Campus LLP (ORIC) and any current or future subsidiary organisation and/or associated company (subject to case-by-case approval by HIE).

It is expected that these services will be required from December 2020 for an initial period of 2 years, with HIE having the option to extend two times for a period or periods together not exceeding 1 year following the initial term (2 + 1 + 1 years).

The estimated maximum 24-month budget currently available to deliver this service is GBP 191 000 (excluding VAT). This figure is exclusive of travel and subsistence (T&S). It will be multi-supplier framework with up to three suppliers appointed.

 

II.1.5)Estimated total value

Value excluding VAT: 352 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: no
II.2)Description
II.2.1)Title:

II.2.2)Additional CPV code(s)

79410000 Business and management consultancy services
79411100 Business development consultancy services
75111200 Legislative services

II.2.3)Place of performance

NUTS code: UKM SCOTLAND

II.2.4)Description of the procurement:

 

The key services required under the the framework are:

1) adopt the role of Data Protection Officer (DPO) as specified in the General Data Protection Regulations and in support of Data Protection Act 2018 and provide advice for the controller/s;

2) as part of the DPO role, monitor non-compliance;

3) compliance with data protection legislation;

4) data protection impact assessment (DPIA) process and advice on completion of these;

5) ensure organisations are kept up to date with any developing requirements;

6) reporting and monitoring.

 

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Management and delivery methodology / Weighting: 30 %
Quality criterion – Name: Management and delivery team / Weighting: 30 %
Quality criterion – Name: Risks and challenges / Weighting: 10 %
Price – Weighting: 30 %

II.2.6)Estimated value

Value excluding VAT: 352 000.00 GBP

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework will be awarded for an initial period of 2 years with HIE having the option to extend twice for a period or periods together not exceeding 1-calendar year following the initial term (2 + 1 + 1 years).

 

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

 

HIE reserves the right, on giving reasonable written notice from time to time, to require changes to the services (whether by way of the removal of services, the addition of new services or increasing or decreasing the services or specifying the order in which the services are to be performed or the locations where the services are to be provided). HIE shall not require any such change other than where it is permitted by Regulation 72 of the Public Contracts (Scotland) Regulations 2015.

HIE reserves the right to make changes to the volume or scope of the services following a review of the services by HIE, particularly with regard to changes in data protection legislative requirements.

 

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 to this procurement exercise.

 

III.1.2)Economic and financial standing

Minimum level(s) of standards possibly required:

 

4B.5 It is a requirement of this framework that bidders hold or can commit to obtain prior to the commence of any subsequently awarded framework, the types and levels of insurance indicated below:

Employer’s (compulsory) liability insurance = GBP 5 million for each and every claim.

Professional indemnity insurance = GBP 1 million in aggregate.

http://www.hse.gov.uk/pubns/hse40.pdf

4B.6 (not scored)

HIE as a public body must comply with HMRC IR35 provisions. Therefore, where you are bidding as a personal service company (PSC) or will be using a personal service company to provide services under the framework please identify these PSC (s) in your response to 4B.6.

 

III.1.3)Technical and professional ability

Minimum level(s) of standards possibly required:

Bidders will be required to confirm whether they intend to subcontract and, if so, for what proportion of 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:

Key performance indicators (KPIs) and Service Levels will be developed and agreed between the organisation placing the call-off contract and the supplier to ensure that the management and delivery of services is to agreed performance levels and will be monitored and measured by a variety of reports, surveys and audit systems. KPIs will be based on the service objectives. Note, the statutory timescales must be met at all times.

 

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

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: 3
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

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

Date: 15/10/2020
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: 3 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 15/10/2020
Local time: 12:00

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published:

HIE reserves the right to re-tender for these services upon termination of the contract or at the end of the contract period, including any extension period.

 

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:

 

It is estimated that the maximum total value of the services over the maximum duration of 4 years will be GBP 352 000 (excluding VAT). This is the figure which has been used in II.1.5) and II.2.6).

Where relevant, bidders are required to provide information relating to consortia (2C1 of ESPD) and/or subcontractors (2C1 and 2D1).

ESPD 2A.3 (not scored) Where relevant, bidders are required to insert details of their Companies House (or equivalent) registration number.

ESPD 2C.1 Where relevant, bidders are required to provide information relating to consortia and/or subcontractors with the relevant supporting ESPD documentation being submitted.

ESPD 3D.12 Bidders should refer to the ‘Conflict of Interest’ section within the scope of requirements when completing this question.

ESPD 4B6 HIE as a public body must comply with HMRC IR35 provisions. Therefore, where you are bidding as a personal service company (PSC) or will be using a personal service company to provide services under the framework please identify these PSC(s) in your response to 4B.6. Further guidance and a link to the HMRC ‘test employment details for tax’ tool can be located at https://www.gov.uk/guidance/check-employment-status-for-tax

Award criteria scoring

The award criteria will be marked according to the following criteria:

0 = Unacceptable — Nil or inadequate response which fails to demonstrate an ability to meet the requirement.

1 = Poor — Response is partially relevant but generally poor. It 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. It 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. It 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. It is comprehensive, unambiguous and demonstrate a thorough understanding of the requirement and provides details of how the requirement will be met in full.

In order to participate, bidders should register, for free, on the Public Contracts Scotland (PCS) website (www.publiccontractsscotland.gov.uk) and record their interest in this contract and download and complete all relevant documentation.

Tenders must be submitted via the PCS postbox and must be received by the published deadline. Late tenders will not be accepted and HIE will reject any submissions received after the deadline. Email or hard copy responses will not be accepted.

PCS also gives suppliers access to an online question and answer facility which allows queries to be submitted (anonymously) and answers published and shared with all potential bidders.

This framework will be non-exclusive i.e. HIE reserves the right, in certain circumstances, to procure out with the framework as and when required.

Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland website at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=628481

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.

(SC Ref:628481)

Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=628481

 

VI.4)Procedures for review

VI.4.1)Review body

Official name: Inverness Sheriff Court and Justice of the Peace Court
Postal address: The Castle
Town: Inverness
Postal code: IV2 3EG
Country: United Kingdom
E-mail: inverness@scotcourts.gov.uk
Telephone: +44 1463230782Internet address: https://www.scotcourts.gov.uk/the-courts/court-locations/inverness-sheriff-court-and-justice-of-the-peace-court
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 is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014 , 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:

28/08/2020