Provision of sheriff officer Midlothian Council

Provision of sheriff officer Midlothian Council

Provision of sheriff officer and debt recovery services.

UK-Dalkeith: legal services

2012/S 67-110257

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Midlothian Council
Midlothian House, Buccleuch Street
Contact point(s): Procurement
For the attention of: Tim Higgins
EH22 1DN Dalkeith
UNITED KINGDOM
Telephone: +44 1315615237
Fax: +44 1316542797

Internet address(es):

General address of the contracting authority: www.midlothian.gov

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00336

Further information can be obtained from: Midlothian Council
Dundas Buildings, 62a Polton Street
Contact point(s): Procurement
For the attention of: Tim Higgins
EH19 3YD Bonnyrigg
UNITED KINGDOM
Telephone: +44 1315615237
Fax: +44 1316542797
Internet address: www.midlothian.gov

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Midlothian Council
Dundas Buildings, 62a Polton Street
Contact point(s): Procurement
For the attention of: Tim Higgins
EH19 3YD Bonnyrigg
UNITED KINGDOM
Telephone: +44 1315615237
Fax: +44 1316542797
Internet address: www.midlothian.gov

Tenders or requests to participate must be sent to: Midlothian Council
Midlothian House, Buccleuch Street
Contact point(s): Procurement
For the attention of: Tim Higgins
EH22 1DN Dalkeith
UNITED KINGDOM
Telephone: +44 1315615237
Fax: +44 1316542797
Internet address: www.midlothian.gov

I.2)Type of the contracting authority

Regional or local authority
I.3)Main activity

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

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:

Provision of sheriff officer and debt recovery services.
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: Midlothian.
NUTS code UKM23
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)

Midlothian Council is seeking to secure the services of an external supplier to carry out effective debt recovery and diligence services in the pursuit of:
— Council tax (including water and sewerage charges),
— Former tenant rent arrears,
— Sundry debt invoices (including housing benefit overpayments).
Sheriff officers who are utilised by the Supplier to affect diligence and collect debt on behalf of MC must hold a commission to operate in the Midlothian Council area.
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=224960.
II.1.6)Common procurement vocabulary (CPV)

79100000, 66151000, 66171000, 66152000

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:

It is estimated that the approximate number and value of accounts which could be passed to the Supplier for collection during a financial year are as follows:
— Council Tax – 5 000 to 6 000 accounts, 3 500 000 GBP to 4 000 000 GBP,
— Former tenant rent arrears – 200 to 300 accounts, 200 000 GBP to 300 000 GBP,
— Sundry debt invoices – 1 500 to 2 000 accounts, 800 000 GBP to 1 000 000 GBP.
The above figures represent an average of the past 3 years and are purely for indicative purposes only.
Estimated value excluding VAT:
Range: between 500 000 and 750 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: An option to extend the contract by a further 2 years will be available to Midlothian Council.
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)
II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 24 (from the award of the contract)
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:

Details are provided within the invitation to tender.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Details are provided in the invitation to tender.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Details are provided within the invitation to tender.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Details are provided within the invitation to tender.
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: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent,
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process,
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession,
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession,
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register,
(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process,
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation,
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established,
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.
Details are provided within the invitation to tender.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(2) All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice.
(3) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.
Details are provided within the invitation to tender.
Minimum level(s) of standards possibly required: Details are provided within the invitation to tender.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(1) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract;
(2) Samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so requests,
(3) A statement of the principal goods sold or services provided by the supplier or the services provider in the past 3 years, detailing the dates on which the goods were sold or the services provided; the consideration received; the identity of the person to whom the goods were sold or the services were provided,
(4) A check may be carried out by the contracting authority or by a competent official body of the State in which the candidate is established, to verify the technical capacity of the candidate; and if relevant, on the candidates study and research facilities and quality control measures;
(5) A statement of the candidate’s technical facilities; measures for ensuring quality; and their study and research facilities;
(6) An indication of the proportion of the contract which the services provider intends possibly to subcontract,
(7) A statement of the technicians or technical services available to the candidate to carry out the work under the contract; or be involved in the production of goods or the provision of services under the contract; particularly those responsible for quality control, whether or not they are independent of the candidate,
(8) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract.
Details are provided within the invitation to tender.
Minimum level(s) of standards possibly required:
Details are provided within the Invitation to tender.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: yes
Reference to the relevant law, regulation or administrative provision: Sheriff Officers who are utilised by the Supplier to affect diligence and collect debt on behalf of MC must hold a commission to operate in the Midlothian Council area.
III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

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 below

1. Price. Weighting 30

2. Quality. Weighting 70

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:

Mid/12/8
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 14.5.2012
IV.3.4)Time limit for receipt of tenders or requests to participate

21.5.2012 – 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

Duration in months: 6 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening tenders

Date: 21.5.2012 – 14:00
Place:Midlothian House, Dalkeith.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: 3-5 years.
VI.2)Information about European Union funds
VI.3)Additional information

Dates and other information contained in this notice are communicated as being indicative only and may be subject to change.
The contracting authority does not bind itself to accept the lowest or any offer.
The contracting authority reserves the right to accept part of one or more offers.
The contracting authority will not be liable for any costs incurred by those expressing an interest in or tendering for this contract.
Compliance with all relevant legislation is required during the tendering process and the terms of any resulting framework agreement/contract.
Bidders may be required to attend for interview.
Any contract awarded will be subject to the law of Scotland.
The contracting authority reserves the right to assign all or part of any framework agreements/contracts resulting from this process.
(SC Ref:224960).
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Midlothian Council will incorporate a minimum of 10 calendar day standstill period at the point of information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. If an appeal regarding the award of contract has not been successfully resolved The Public Contracts (Scotland) Regulations 2006 (SSI 2006 No.1) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rule to take action in the Sheriff Court or Court of Session. Any such action must be brought promptly. Where a contract has not been entered into the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages. (The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside award decision before the contract is entered into).
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:4.4.2012