Secure Care Tender

Scotland Excel
Renfrewshire House, Cotton Street
For the attention of: Gemma Kenny
PA1 1AR Paisley
UNITED KINGDOM
Telephone: +44 3003001200
E-mail: social.care@scotland-excel.org.uk
Fax: +44 1416187423

Internet address(es):

General address of the contracting authority: http://www.scotland-excel.org.uk

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10383

Further information can be obtained from: Scotland Excel
Renfrewshire House, Cotton Street
For the attention of: Gemma Kenny
PA1 1AR Paisley
UNITED KINGDOM
Telephone: +44 3003001200
E-mail: social.care@scotland-excel.org.uk
Fax: +44 1416187423
Internet address: http://www.scotland-excel.org.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Scotland Excel
Renfrewshire House, Cotton Street
For the attention of: Gemma Kenny
PA1 1AR Paisley
UNITED KINGDOM
Telephone: +44 3003001200
E-mail: social.care@scotland-excel.org.uk
Fax: +44 1416187423
Internet address: http://www.scotland-excel.org.uk

Tenders or requests to participate must be sent to: Scotland Excel
Renfrewshire House, Cotton Street
For the attention of: Gemma Kenny
PA1 1AR Paisley
UNITED KINGDOM
Telephone: +44 3003001200
E-mail: social.care@scotland-excel.org.uk
Fax: +44 1416187423
Internet address: http://www.scotland-excel.org.uk

Regional or local authority

General public services

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

The Scottish Government Core Directorates

Aberdeen City Council

Aberdeenshire Council

Angus Council

Argyll and Bute Council

City of Edinburgh Council

Clackmannanshire Council

Comhairle nan Eilean Siar

Dumfries and Galloway Council

Dundee City Council

East Ayrshire Council

East Dunbartonshire Council

East Lothian Council

East Renfrewshire Council

Falkirk Council

Fife Council

Glasgow City Council

Highland Council

Inverclyde Council

Midlothian Council

Moray Council, The

North Ayrshire Council

North Lanarkshire Council

Orkney Islands Council

Perth and Kinross Council

Renfrewshire Council

Scottish Borders Council

Shetland Islands Council

South Ayrshire Council

South Lanarkshire Council

Stirling Council

West Dunbartonshire Council

West Lothian Council

Secure Care

Services
Service category No 25: Health and social services
Main site or location of works, place of delivery or of performance: To be delivered at Provider(s)’ premises
NUTS code UKM

The notice involves a public contract

This contract is for the provision of secure care placements at a secure unit. Such accommodation must be approved by Scottish Ministers under the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 to be provided and used for the purpose of restricting the liberty of children in residential premises where care services are provided. The provider must also be registered with the Social Care and Social Work Improvement Scotland (the “Care Inspectorate”) as the provider of a secure accommodation service under the Public Services Reform (Scotland) Act 2010 and be registered with the Registrar of Independent Schools.
It is anticipated that the placements will be required for sentenced and/or looked after children and young people as defined in the contract to satisfy the demand of the Scottish Government and complement councils’ existing provision.
Scotland Excel has received approval from its Executive Sub Committee to negotiate this contract with the four existing providers registered to provide secure accommodation in Scotland who currently participate in the Scotland Excel framework relative to Secure Care as named in section VI.3 of this notice. This approval is on the basis that the Executive Sub Committee is satisfied that the market of secure care providers in Scotland is limited to only those four providers and it is unlikely that any other operator will be suitably qualified to perform the services within an approved establishment on or before the commencement date of the contract.
The scope of the services to be provided under this contract falls within the definition of a “part B” service as listed in Annex II B of Directive 2004/18/EC and part B of Schedule 3 to the Public Contracts(Scotland) Regulations 2012 (“the Regulations”) and therefore the negotiated process and contract is not subject to the full requirements of the Regulations. Any application of or reference to the Regulations unless clearly identified is not to be implied and should not be construed as applying any of the Regulations or bringing any of them into force. While Scotland Excel, as the Lead Commissioning Authority, is not required to follow one of the procedures set out in the Regulations, it is required by its procedural standing orders relating to contracts to follow a process defined within those standing orders and has elected to use the “Negotiated Procedure” identified therein with agreed variances to allow for negotiations with more than one provider, prior advertising via Public Contracts Scotland and reporting to Scotland Excel’s Executive Sub Committee in advance of awarding any contract. More information about Scotland Excel can be found at Annex A.
NOTE: The authority has indicated that they are using the PCS-Tender Module to carry out this procurement process. To access the PCS-Tender Module and record your interest in this notice please visit https://www.publictendersscotland.publiccontractsscotland.gov.uk

If you are not already registered with the PCS-Tender Module registration will be required.

85311300, 85311000

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

This contract is divided into lots: no

Variants will be accepted: yes

Under the contract, purchasers may from time to time purchase a placement from a provider. There is no guarantee of any business, use, level of use or continuity of business during the lifetime of the contract.
It is anticipated that the optimum placement configuration to meet the envisaged maximum quantity of placements would be three contracts which could provide up to 18 concurrent placements and one which could provide up to 24 concurrent placements. However, offers which propose a variant to the above placement configuration will be considered should they fulfil all of the required criteria and meet the overall requirement better in terms of value for money than offers which comply with the above. The number of placements to be awarded to each provider may be the subject of negotiation following the submission of completed contract documents.
Estimated value excluding VAT: 80 000 000 GBP

Options: yes
Description of these options: The contract will be for three years with the option to extend for a further period of up to one year at the sole discretion of Scotland Excel.

This contract is subject to renewal: no

Starting 1.7.2013. Completion 30.6.2017

Payment terms are set out within the contract terms and conditions.

Any grouping of providers will have joint and several liability.

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The provider must: be registered with the Care Inspectorate in Scotland to provide a secure accommodation service; be registered with the Registrar of Independent Schools and; the accommodation must have the approval of Scottish Ministers required under the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011.

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 must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(4) 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.
(5) 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.

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.

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) 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;
(3) A statement of the candidate’s technical facilities; measures for ensuring quality; and their study and research facilities;
(4) An indication of the proportion of the contract which the services provider intends possibly to subcontract.

Execution of the service is reserved to a particular profession: yes
Reference to the relevant law, regulation or administrative provision: Performance of certain parts of the service specified in the contract are reserved for individuals registered with the relevant professional or regulatory body and is specifically defined in the contract, but, in general care, education and health staff must be registered with the relevant Scottish or British body.

Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures) yes

Envisaged number of operators: 4

The most economically advantageous tender in terms of the criteria stated below

1. Quality. Weighting 60

2. Price. Weighting 40

An electronic auction will be used: no

11-12

8.2.2013 – 12:00

15.2.2013

English.