Standard Home Care Services Tender – Derby

Standard Home Care Services Tender – Derby

The council is requesting bids for service providers to be awarded a place on a framework to provide Standard Home Care (domiciliary care) Services.

United Kingdom-Derby: Health and social work services

2020/S 249-622758

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Official name: Derby City Council
Postal address: Council House, Corporation Street
Town: Derby
NUTS code: UKF11 Derby
Postal code: DE1 2FS
Country: United Kingdom
Contact person: Mr Stephen Cotterill
E-mail: procurement@derby.gov.uk
Telephone: +44 1332640768
Internet address(es):
Main address: http://www.derby.gov.uk/
Address of the buyer profile: http://www.derby.gov.uk/

I.3)Communication

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

I.4)Type of the contracting authority

Regional or local authority

I.5)Main activity

General public services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

TD1526 — Framework for Standard Home Care Services

 

Reference number: DN513344

II.1.2)Main CPV code

85000000 Health and social work services

II.1.3)Type of contract

Services

II.1.4)Short description:

 

The Council is requesting bids for Service Providers to be awarded a place on a framework to provide Standard Home Care (domiciliary care) Services.

Customers of Home Care Services will:

• Be residents of Derby City

• Be over the age of 18 years

• Have eligible care or support needs as defined by the Council

• Require Home Care as defined above

Customers may have complex and multiple support needs. Service Providers will need to develop personalised Support Plans that identify clear and quantifiable ways that they will support Customers to achieve their individual outcomes and remain independent in their own home.

Customers that will require this Service will have a wide range of needs that may include one or a combination of the following broad headings (please note this list is not exhaustive):

• Physical disability or frailty,

• Learning disability

• Mental Health

• Sensory Disabilities and/or Communication needs

• Dementia or other cognitive difficulties

Tenderers must have Care Quality Commission (CQC) registration in place for the delivery of personal care.

The Service Provider will also be required to be registered with the CQC to be able to deliver personal care in the City of Derby. Successful Service Providers not already registered to do this, will be required to apply to be registered to do this within a month of receiving the framework award letter.

Tenderers must have Care Quality Commission rating above ‘Inadequate’ in place for the delivery of personal care to be able to bid.

Where a Tenderer is waiting for a rating from the CQC for the delivery of personal care from the CQC, they can still submit a bid. If subsequently the rating is ‘Inadequate’, then the service Provider will be required to provide an action plan that is satisfactory to the Council that will address all the concerns raised by the CQC within a timescale agreed with the Council.

Value

The potential framework value is £62,706,904.62 over four years.

Contract Opportunities will only initially be for new Service requirements (care packages). The Council also reserves the right to review existing care packages and put these out as a Contract Opportunity under this Framework.

Framework Lots

The framework is split into four geographical Lots.

The Council intends to appoint the following number of Service Providers in each of the following Lots:

Lot 1 – Central Locality = Three Service Providers

Lot 2 – West Locality = Four Service Providers

Lot 3 – East Locality = Three Service Providers

Lot 4 – South Locality = Three Service Providers

A Tenderer MUST state what Lots it is bidding for and their Lot preference.

A Tenderer can bid for all four Lots or any number of Lots.

A Tenderer can only be awarded a maximum of two Lots.

The process for deciding how Lots are allocated to successful Tenderers is described further in the ITT document.

Framework Operation

The Council reserves the right to open a Lot or Lots and run a open competitive tendering process to replace existing Framework Service Provider due to failure/poor performance/material breaches etc.

There will also be the option of opening up a Lot or Lots to add an additional Service Provider where there are capacity issues within that Lot.

Further to the points above there will still be the rule that a Service Provider can only be awarded two Lots, so if a provider on this Framework already has two Lots, they will not be able to bid for an additional Lot.

The initial Framework Term is two years. The maximum framework term is four years.

Fees

The Council has a set a maximum hourly rate for the provision of Home Care services as part of its Fee structure. Tenderers must confirm that they accept this Fee structure as part of their Tender response. Details are in the ITT.

Framework start date is 1st June 2021. (initial term is 2 years plus possible extension of a further two years).

 

II.1.5)Estimated total value

Value excluding VAT: 62 706 905.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 2
II.2)Description

II.2.1)Title:

Lot 1: Central Locality

 

Lot No: 1

II.2.2)Additional CPV code(s)

98000000 Other community, social and personal services

II.2.3)Place of performance

NUTS code: UKF11 Derby
Main site or place of performance:

City of Derby.

 

II.2.4)Description of the procurement:

 

Overview of Requirement

Standard Home Care Definition: The Care Quality Commission (CQC) definition of Home Care and Support are as follows:

“These services provide personal care for people living in their own homes. The needs of people using the services may vary greatly, but packages of care are designed to meet individual circumstances. The person is visited at various times of the day or, in some cases, care is provided over a full 24-hour period. Where care is provided intermittently throughout the day the person may live independently of any continuous support or care between visits.”

Customers of Home Care Services will:

• Be residents of Derby City

• Be over the age of 18 years

• Have eligible care or support needs as defined by the Council

• Require Home Care as defined above

Customers may have complex and multiple support needs. Service Providers will need to develop personalised Support Plans that identify clear and quantifiable ways that they will support Customers to achieve their individual outcomes and remain independent in their own home.

Customers that will require this Service will have a wide range of needs that may include one or a combination of the following broad headings (please note this list is not exhaustive):

• Physical disability or frailty,

• Learning disability

• Mental Health

• Sensory Disabilities and/or Communication needs

• Dementia or other cognitive difficulties

Tenderers must have Care Quality Commission (CQC) registration in place for the delivery of personal care.

The Service Provider will also be required to be registered with the CQC to be able to deliver personal care in the City of Derby. Successful Service Providers not already registered to do this, will be required to apply to be registered to do this within a month of receiving the framework award letter.

Tenderers must have Care Quality Commission rating above ‘Inadequate’ in place for the delivery of personal care to be able to bid.

Where a Tenderer is waiting for a rating from the CQC for the delivery of personal care from the CQC, they can still submit a bid. If subsequently the rating is ‘Inadequate’, then the service Provider will be required to provide an action plan that is satisfactory to the Council that will address all the concerns raised by the CQC within a timescale agreed with the Council.

Contract Opportunities will only initially be for new Service requirements (care packages). The Council also reserves the right to review existing care packages and put these out as a Contract Opportunity under this Framework.

The advertised contract value takes into account the possibility of reviewing and putting existing care packages out as Contract Opportunities, but there is no guarantee this will happen. Therefore, no guarantee of business value or volume can be given. Service Providers will have to form their own views as to the potential for such an arrangement

Fees

The Council has a set a maximum hourly rate for the provision of Home Care services as part of its Fee structure. Tenderers must confirm that they accept this Fee structure as part of their Tender response. Details are in the ITT.

TUPE

The initial tendering of this Framework does not give rise to the Transfer of Undertakings (Protection of Employment) 2006 Regulations, as no existing work is being transferred. However where existing care packages are reviewed and put out as a Contract Opportunity then TUPE may be considered in each relevant Contract Opportunity.

Other

Tenderers must meet the minimum requirements of the main suitability questionnaire as detailed in Section 4.3 of the ITT Document.

For clarity, the procurement process adopted by the Councils has been developed in accordance with Regulation 76 of the regulations and in particular in accordance with the fundamental public procurement principles of transparency and equal treatment. For the avoidance of doubt this means that the Council has not adopted an open procedure, framework (as defined in the regulations) for the undertaking of this procurement process. The Council will be permitted to use the Framework in a number of ways (in accordance with the Light Touch Regime (Regulation s74 to 77) of the Public Contracts Regulations 2015 and any subsequent amendment or re-enactment thereof).

Contract awards will be via a competitive competition process or direct award.

Further details are provided in the tender document.

 

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 14 926 587.00 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:

For a period or periods up to 2 years.

 

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

For a period or periods up to 2 further years.

 

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
II.2)Description

II.2.1)Title:

Lot 2 – West Locality

 

Lot No: 2

II.2.2)Additional CPV code(s)

98000000 Other community, social and personal services

II.2.3)Place of performance

NUTS code: UKF11 Derby
Main site or place of performance:

City of Derby

 

II.2.4)Description of the procurement:

 

Overview of Requirement

Standard Home Care Definition: The Care Quality Commission (CQC) definition of Home Care and Support are as follows:

“These services provide personal care for people living in their own homes. The needs of people using the services may vary greatly, but packages of care are designed to meet individual circumstances. The person is visited at various times of the day or, in some cases, care is provided over a full 24-hour period. Where care is provided intermittently throughout the day the person may live independently of any continuous support or care between visits.”

Customers of Home Care Services will:

• Be residents of Derby City

• Be over the age of 18 years

• Have eligible care or support needs as defined by the Council

• Require Home Care as defined above

Customers may have complex and multiple support needs. Service Providers will need to develop personalised Support Plans that identify clear and quantifiable ways that they will support Customers to achieve their individual outcomes and remain independent in their own home.

Customers that will require this Service will have a wide range of needs that may include one or a combination of the following broad headings (please note this list is not exhaustive):

• Physical disability or frailty,

• Learning disability

• Mental Health

• Sensory Disabilities and/or Communication needs

• Dementia or other cognitive difficulties

Tenderers must have Care Quality Commission (CQC) registration in place for the delivery of personal care.

The Service Provider will also be required to be registered with the CQC to be able to deliver personal care in the City of Derby. Successful Service Providers not already registered to do this, will be required to apply to be registered to do this within a month of receiving the framework award letter.

Tenderers must have Care Quality Commission rating above ‘Inadequate’ in place for the delivery of personal care to be able to bid.

Where a Tenderer is waiting for a rating from the CQC for the delivery of personal care from the CQC, they can still submit a bid. If subsequently the rating is ‘Inadequate’, then the service Provider will be required to provide an action plan that is satisfactory to the Council that will address all the concerns raised by the CQC within a timescale agreed with the Council.

Contract Opportunities will only initially be for new Service requirements (care packages). The Council also reserves the right to review existing care packages and put these out as a Contract Opportunity under this Framework.

The advertised contract value takes into account the possibility of reviewing and putting existing care packages out as Contract Opportunities, but there is no guarantee this will happen. Therefore, no guarantee of business value or volume can be given. Service Providers will have to form their own views as to the potential for such an arrangement

Fees

The Council has a set a maximum hourly rate for the provision of Home Care services as part of its Fee structure. Tenderers must confirm that they accept this Fee structure as part of their Tender response. Details are in the ITT.

TUPE

The initial tendering of this Framework does not give rise to the Transfer of Undertakings (Protection of Employment) 2006 Regulations, as no existing work is being transferred. However where existing care packages are reviewed and put out as a Contract Opportunity then TUPE may be considered in each relevant Contract Opportunity.

Other

Tenderers must meet the minimum requirements of the main suitability questionnaire as detailed in Section 4.3 of the ITT Document.

For clarity, the procurement process adopted by the Councils has been developed in accordance with Regulation 76 of the regulations and in particular in accordance with the fundamental public procurement principles of transparency and equal treatment. For the avoidance of doubt this means that the Council has not adopted an open procedure, framework (as defined in the regulations) for the undertaking of this procurement process. The Council will be permitted to use the Framework in a number of ways (in accordance with the Light Touch Regime (Regulation s74 to 77) of the Public Contracts Regulations 2015 and any subsequent amendment or re-enactment thereof).

Contract awards will be via a competitive competition process or direct award.

Further details are provided in the tender document.

 

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 15 985 354.00 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:

For a period or periods up to two further years.

 

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

For a period or periods up to two further years.

 

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
II.2)Description

II.2.1)Title:

Lot 3 – East Locality

 

Lot No: 3

II.2.2)Additional CPV code(s)

98000000 Other community, social and personal services

II.2.3)Place of performance

NUTS code: UKF11 Derby
Main site or place of performance:

City of Derby

 

II.2.4)Description of the procurement:

 

Overview of Requirement

Standard Home Care Definition: The Care Quality Commission (CQC) definition of Home Care and Support are as follows:

“These services provide personal care for people living in their own homes. The needs of people using the services may vary greatly, but packages of care are designed to meet individual circumstances. The person is visited at various times of the day or, in some cases, care is provided over a full 24-hour period. Where care is provided intermittently throughout the day the person may live independently of any continuous support or care between visits.”

Customers of Home Care Services will:

• Be residents of Derby City

• Be over the age of 18 years

• Have eligible care or support needs as defined by the Council

• Require Home Care as defined above

Customers may have complex and multiple support needs. Service Providers will need to develop personalised Support Plans that identify clear and quantifiable ways that they will support Customers to achieve their individual outcomes and remain independent in their own home.

Customers that will require this Service will have a wide range of needs that may include one or a combination of the following broad headings (please note this list is not exhaustive):

• Physical disability or frailty,

• Learning disability

• Mental Health

• Sensory Disabilities and/or Communication needs

• Dementia or other cognitive difficulties

Tenderers must have Care Quality Commission (CQC) registration in place for the delivery of personal care.

The Service Provider will also be required to be registered with the CQC to be able to deliver personal care in the City of Derby. Successful Service Providers not already registered to do this, will be required to apply to be registered to do this within a month of receiving the framework award letter.

Tenderers must have Care Quality Commission rating above ‘Inadequate’ in place for the delivery of personal care to be able to bid.

Where a Tenderer is waiting for a rating from the CQC for the delivery of personal care from the CQC, they can still submit a bid. If subsequently the rating is ‘Inadequate’, then the service Provider will be required to provide an action plan that is satisfactory to the Council that will address all the concerns raised by the CQC within a timescale agreed with the Council.

Contract Opportunities will only initially be for new Service requirements (care packages). The Council also reserves the right to review existing care packages and put these out as a Contract Opportunity under this Framework.

The advertised contract value takes into account the possibility of reviewing and putting existing care packages out as Contract Opportunities, but there is no guarantee this will happen. Therefore, no guarantee of business value or volume can be given. Service Providers will have to form their own views as to the potential for such an arrangement

Fees

The Council has a set a maximum hourly rate for the provision of Home Care services as part of its Fee structure. Tenderers must confirm that they accept this Fee structure as part of their Tender response. Details are in the ITT.

TUPE

The initial tendering of this Framework does not give rise to the Transfer of Undertakings (Protection of Employment) 2006 Regulations, as no existing work is being transferred. However where existing care packages are reviewed and put out as a Contract Opportunity then TUPE may be considered in each relevant Contract Opportunity.

Other

Tenderers must meet the minimum requirements of the main suitability questionnaire as detailed in Section 4.3 of the ITT Document.

For clarity, the procurement process adopted by the Councils has been developed in accordance with Regulation 76 of the regulations and in particular in accordance with the fundamental public procurement principles of transparency and equal treatment. For the avoidance of doubt this means that the Council has not adopted an open procedure, framework (as defined in the regulations) for the undertaking of this procurement process. The Council will be permitted to use the Framework in a number of ways (in accordance with the Light Touch Regime (Regulation s74 to 77) of the Public Contracts Regulations 2015 and any subsequent amendment or re-enactment thereof).

Contract awards will be via a competitive competition process or direct award.

Further details are provided in the tender document.

 

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 14 150 640.00 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:

For a period or periods up to two further years.

 

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

For a period or periods up to two further years.

 

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
II.2)Description

II.2.1)Title:

Lot 4 – South Locality

 

Lot No: 4

II.2.2)Additional CPV code(s)

98000000 Other community, social and personal services

II.2.3)Place of performance

NUTS code: UKF11 Derby
Main site or place of performance:

City of Derby

 

II.2.4)Description of the procurement:

 

Overview of Requirement

Standard Home Care Definition: The Care Quality Commission (CQC) definition of Home Care and Support are as follows:

“These services provide personal care for people living in their own homes. The needs of people using the services may vary greatly, but packages of care are designed to meet individual circumstances. The person is visited at various times of the day or, in some cases, care is provided over a full 24-hour period. Where care is provided intermittently throughout the day the person may live independently of any continuous support or care between visits.”

Customers of Home Care Services will:

• Be residents of Derby City

• Be over the age of 18 years

• Have eligible care or support needs as defined by the Council

• Require Home Care as defined above

Customers may have complex and multiple support needs. Service Providers will need to develop personalised Support Plans that identify clear and quantifiable ways that they will support Customers to achieve their individual outcomes and remain independent in their own home.

Customers that will require this Service will have a wide range of needs that may include one or a combination of the following broad headings (please note this list is not exhaustive):

• Physical disability or frailty,

• Learning disability

• Mental Health

• Sensory Disabilities and/or Communication needs

• Dementia or other cognitive difficulties

Tenderers must have Care Quality Commission (CQC) registration in place for the delivery of personal care.

The Service Provider will also be required to be registered with the CQC to be able to deliver personal care in the City of Derby. Successful Service Providers not already registered to do this, will be required to apply to be registered to do this within a month of receiving the framework award letter.

Tenderers must have Care Quality Commission rating above ‘Inadequate’ in place for the delivery of personal care to be able to bid.

Where a Tenderer is waiting for a rating from the CQC for the delivery of personal care from the CQC, they can still submit a bid. If subsequently the rating is ‘Inadequate’, then the service Provider will be required to provide an action plan that is satisfactory to the Council that will address all the concerns raised by the CQC within a timescale agreed with the Council.

Contract Opportunities will only initially be for new Service requirements (care packages). The Council also reserves the right to review existing care packages and put these out as a Contract Opportunity under this Framework.

The advertised contract value takes into account the possibility of reviewing and putting existing care packages out as Contract Opportunities, but there is no guarantee this will happen. Therefore, no guarantee of business value or volume can be given. Service Providers will have to form their own views as to the potential for such an arrangement

Fees

The Council has a set a maximum hourly rate for the provision of Home Care services as part of its Fee structure. Tenderers must confirm that they accept this Fee structure as part of their Tender response. Details are in the ITT.

TUPE

The initial tendering of this Framework does not give rise to the Transfer of Undertakings (Protection of Employment) 2006 Regulations, as no existing work is being transferred. However where existing care packages are reviewed and put out as a Contract Opportunity then TUPE may be considered in each relevant Contract Opportunity.

Other

Tenderers must meet the minimum requirements of the main suitability questionnaire as detailed in Section 4.3 of the ITT Document.

For clarity, the procurement process adopted by the Councils has been developed in accordance with Regulation 76 of the regulations and in particular in accordance with the fundamental public procurement principles of transparency and equal treatment. For the avoidance of doubt this means that the Council has not adopted an open procedure, framework (as defined in the regulations) for the undertaking of this procurement process. The Council will be permitted to use the Framework in a number of ways (in accordance with the Light Touch Regime (Regulation s74 to 77) of the Public Contracts Regulations 2015 and any subsequent amendment or re-enactment thereof).

Contract awards will be via a competitive competition process or direct award.

Further details are provided in the tender document.

 

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 17 644 323.00 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:

For a period or periods up to two further years.

 

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

For a period or periods up to two further years.

 

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

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:

Selection criteria as stated in the procurement documents.

 

III.1.2)Economic and financial standing

Selection criteria as stated in the procurement documents

III.1.3)Technical and professional ability

Selection criteria as stated in the procurement documents
III.2)Conditions related to the contract

III.2.1)Information about a particular profession

Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision:

Selection criteria as stated in the procurement documents.

 

III.2.2)Contract performance conditions:

Conditions relating to environmental and social requirements of the contracting authority may be included in this contract. The details are to be provided in the procurement documents.

 

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: 7
In the case of framework agreements, provide justification for any duration exceeding 4 years:

NA

 

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

Date: 29/01/2021
Local time: 09:00
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: 4 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 29/01/2021
Local time: 09:15

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes

VI.3)Additional information:

 

The Council is requesting bids for Service Providers to be awarded a place on a framework to provide Standard Home Care (domiciliary care) Services.

Overview of Requirement

Standard Home Care Definition: The Care Quality Commission (CQC) definition of Home Care and Support are as follows:

“These services provide personal care for people living in their own homes. The needs of people using the services may vary greatly, but packages of care are designed to meet individual circumstances. The person is visited at various times of the day or, in some cases, care is provided over a full 24-hour period. Where care is provided intermittently throughout the day the person may live independently of any continuous support or care between visits.”

Customers of Home Care Services will:

• Be residents of Derby City

• Be over the age of 18 years

• Have eligible care or support needs as defined by the Council

• Require Home Care as defined above

Customers may have complex and multiple support needs. Service Providers will need to develop personalised Support Plans that identify clear and quantifiable ways that they will support Customers to achieve their individual outcomes and remain independent in their own home.

Customers that will require this Service will have a wide range of needs that may include one or a combination of the following broad headings (please note this list is not exhaustive):

• Physical disability or frailty,

• Learning disability

• Mental Health

• Sensory Disabilities and/or Communication needs

• Dementia or other cognitive difficulties

Tenderers must have Care Quality Commission (CQC) registration in place for the delivery of personal care.

The Service Provider will also be required to be registered with the CQC to be able to deliver personal care in the City of Derby. Successful Service Providers not already registered to do this, will be required to apply to be registered to do this within a month of receiving the framework award letter.

Tenderers must have Care Quality Commission rating above ‘Inadequate’ in place for the delivery of personal care to be able to bid.

Where a Tenderer is waiting for a rating from the CQC for the delivery of personal care from the CQC, they can still submit a bid. If subsequently the rating is ‘Inadequate’, then the service Provider will be required to provide an action plan that is satisfactory to the Council that will address all the concerns raised by the CQC within a timescale agreed with the Council.

Value

The potential framework value is £62,706,904.62 over four years.

Contract Opportunities will only initially be for new Service requirements (care packages). The Council also reserves the right to review existing care packages and put these out as a Contract Opportunity under this Framework.

The advertised contract value takes into account the possibility of reviewing and putting existing care packages out as Contract Opportunities, but there is no guarantee this will happen. Therefore, no guarantee of business value or volume can be given. Service Providers will have to form their own views as to the potential for such an arrangement.

Framework Lots

The framework is split into four geographical Lots.

The Council intends to appoint the following number of Service Providers in each of the following Lots:

Lot 1 – Central Locality = Three Service Providers (Value £14,926,587.15)

Lot 2 – West Locality = Four Service Providers (Value £15,985,354.10)

Lot 3 – East Locality = Three Service Providers (Value £14,150,640.14)

Lot 4 – South Locality = Three Service Providers (Value £17,644,323.24)

A Tenderer MUST state what Lots it is bidding for and their Lot preference.

A Tenderer can bid for all four Lots or any number of Lots.

A Tenderer can only be awarded a maximum of two Lots.

Scores will be the same for Tenderers across all the Lots they bid for, though ranking might be different in different Lots if all Tenderers do not bid for all Lots.

The Council also reserves the right to appoint fewer than the required number of Service Providers in each Lot, where each Tenderer has been awarded the maximum of two Lots and there are no other options to allocate a Service Provider to a particular Lot.

The process for deciding how Lots are allocated to successful Tenderers is described further in the ITT document.

Framework Operation

The Council reserves the right to open a Lot or Lots and run a open competitive tendering process to replace existing Framework Service Provider due to failure/poor performance/material breaches etc.

There will also be the option of opening up a Lot or Lots to add an additional Service Provider where there are capacity issues within that Lot.

Further to the points above there will still be the rule that a Service Provider can only be awarded two Lots, so if a provider on this Framework already has two Lots, they will not be able to bid for an additional Lot.

The initial Framework Term is two years. The maximum framework term is four years.

Fees

The Council has a set a maximum hourly rate for the provision of Home Care services as part of its Fee structure. Tenderers must confirm that they accept this Fee structure as part of their Tender response. Details are in the ITT.

TUPE

The initial tendering of this Framework does not give rise to the Transfer of Undertakings (Protection of Employment) 2006 Regulations, as no existing work is being transferred. However where existing care packages are reviewed and put out as a Contract Opportunity then TUPE may be considered in each relevant Contract Opportunity.

Other

Tenderers must meet the minimum requirements of the main suitability questionnaire as detailed in Section 4.3 of the ITT Document.

For clarity, the procurement process adopted by the Councils has been developed in accordance with Regulation 76 of the regulations and in particular in accordance with the fundamental public procurement principles of transparency and equal treatment. For the avoidance of doubt this means that the Council has not adopted an open procedure, framework (as defined in the regulations) for the undertaking of this procurement process. The Council will be permitted to use the Framework in a number of ways (in accordance with the Light Touch Regime (Regulation s74 to 77) of the Public Contracts Regulations 2015 and any subsequent amendment or re-enactment thereof).

Contract awards will be via a competitive competition process or direct award.

Further details are provided in the tender document.

 

VI.4)Procedures for review

VI.4.1)Review body

Official name: Derby City Council
Postal address: Council House, Corporation Street
Town: Derby
Postal code: DE1 2FS
Country: United Kingdom

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

The contracting authority will incorporate a minimum 10 calendar days standstill period following electronic notification (minimum of 15 calendar days for any other means of communication) to tenderers of the award decision. 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. Such additional information should be requested from the contact details provided in section I.1) of this notice. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2015 provide 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). Any such action must be brought promptly (generally within3 months). 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 the award decision before the contract is entered into.

 

VI.5)Date of dispatch of this notice:

17/12/2020