Tender for Foster Care Services Scotland

Tender for Foster Care Services Scotland

Maximum number of participants to the framework agreement envisaged: 25.

UK-Paisley: welfare services for children and young people

2012/S 190-312770

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Scotland Excel
Unit 5, Anchor Mill, 7 Thread Street
For the attention of: Social Care Team
PA1 1JR 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: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

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: yes

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

Section II: Object of the contract

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

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

Services
Service category No 25: Health and social services
Main site or location of works, place of delivery or of performance: Foster care services to be delivered at the residences of foster carers.
NUTS code UKM

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

The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 25
Duration of the framework agreement

Duration in years: 4
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 120 000 000 GBP

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

Notwithstanding the reference to “framework agreement” in II.1.3, tenderers are asked to note that this is a voluntary advert for a ‘Part B’ service. Following this tender, the arrangements to be entered into with successful providers of the service will take a form similar to a framework agreement. (Please refer to part VI.3 of this notice and the tender documents for further information.).
The requirement is for the provision of placements related to foster care in Scotland. It is anticipated that placements will be required for “Looked After” and “Accommodated” Children aged between 0 -18 in accordance with the Looked After Children (Scotland) Regulations 2009 (and any amending or replacing legislation).
The provider must be registered with the Care Inspectorate as a provider of a foster care service in accordance with the Public Services Reform (Scotland) Act 2010.
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.

II.1.6)Common procurement vocabulary (CPV)

85311300, 85311000, 85300000

II.1.7)Information about Government Procurement Agreement (GPA)
II.1.8)Lots

This contract is divided into lots: no
II.1.9)Information about variants

Variants will be accepted: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

Under the framework purchasers may from time to time purchase a placement from a provider.
Tenderers should note that under this there is no guarantee of any business, use, level of use or continuity of business during the lifetime of the framework.
Variant bids may be considered where tenderers are able to meet the requirements of the core service as set out in schedule 1 [Service Specification] to the framework terms and conditions and wish to offer a variant core service which includes services or support in addition to this. Variants will only be considered where the agreed fee for the variant falls within the assessed price range for the financial element of the tender (commercial envelope) i.e. agreed fees above the scoring range for variant offers will not be considered.
For the avoidance of doubt, variant bids still require to satisfy all of the legal, economic, financial and technical conditions relating to the suitability of tenderers to enable bids to be considered. Only variants to the technical and commercial envelopes of the tender will be considered and only where the variant enables the service to be delivered in a way which achieves the requirements of the framework.
Estimated value excluding VAT: 120 000 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: The framework will be for 2 years with the option to extend for up to two further periods of up to 1 year at the sole discretion of Scotland Excel.
II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 2
II.3)Duration of the contract or time limit for completion

Duration in months: 48 (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:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Payment terms are set out in the framework terms and conditions, which will be appended to the tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

It is anticipated that the bidding entity will be a provider registered with the Care Inspectorate to provide a foster care service. However, should a variant to this be proposed and accepted, any grouping of providers will have joint and several liability.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Providers must be registered with the Care Inspectorate in Scotland to provide a foster care service from the commencement date of the framework.
Successful providers must hold (or achieve upon initial inspection) and maintain minimum Care Inspectorate grades of 4 in all areas throughout the duration of the framework and any individual placement agreement entered into under the framework.
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 must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(2) 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.
The scope of the services to be provided under this framework falls within the definition of a “Part B” services contract as listed in Annex II B of Directive 2004/18/EC and part B of Schedule 3 to the Public Contracts (Scotland) Regulations 2012 (hereinafter referred to as the “Regulations”) and therefore the tender process and framework are not subject to the full requirements of the Regulations but Scotland Excel has decided to apply certain discrete parts of the Regulations to the tender process. In particular it has decided to use Regulation 23 as part of its qualification criteria applied to tenderers.
(4) The tenderer will be excluded from the tender process if any of the following conditions following grounds for mandatory exclusion apply:
If the economic operator, its directors or any other person(s) having powers of representation, decision or control of the company has been convicted of any of the following offences:-.
— The common law offence of conspiracy where the conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework decision 2008/841/JHA,
— An offence under sections 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010,
— Corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906 where the offence relates to active corruption as defined in Article 3 of the Council Act of 26 May 1997 and article 3(1) of Council Joint Action 98/742/JHA,
— Bribery or corruption within the meaning of sections 68 and 69 of the Criminal Justice (Scotland) Act 2003 where the offence relates to active corruption, or bribery within the meanings of sections 1 or 6 of the Bribery Act 2010,
— The common law offence of incitement to commit a crime,
— Fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Communities, within the meaning of the following:
— the offence of cheating the Revenue,
— the common law offence of fraud,
— the common law offence of theft or fraud,
— fraudulent trading within the meaning of section 458 of the Companies Act 1985 or section 993 of the Companies Act 2006,
— fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994,
— an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993:
— the common law offence of uttering,
— the common law offence of attempting to pervert the course of justice,
— Money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002 or the Money Laundering Regulations 2007, or an offence in connection with proceeds of drug trafficking within the meaning of sections 49, 50 or 51 of the Drug Trafficking Act 1994,
— Any other offence within the meaning of Article 45(1) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 in the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts as amended from time to time(the “Public Sector Directive”) as defined by the national law of any relevant state.
(5) The tenderer may be excluded from the tender process, at the sole discretion of Scotland Excel, if any of the following criteria for discretionary criteria for exclusion apply- If the economic operator, its directors or any other person(s) having powers of representation, decision or control of the company has been convicted of any of the following offences:
— being an individual is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order made against that individual or has made any composition or arrangement with or for the benefit of creditors or has made any conveyance or assignment for the benefit of creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of that individual’s estate, or is the subject of any similar procedure under the law of any other state,
— being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate,
— being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of the above procedures or is the subject of similar procedures under the law of any other state,
— has been convicted of a criminal offence relating to the conduct of that economic operator’s business or profession,
— has committed an act of grave misconduct in the course of that economic operator’s business or profession,
— has not 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 economic operator is established,
— has not 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,
— is guilty of serious misrepresentation in providing any information referred to in this regulation or regulation 24 to 27 or has not provided such information in response to a request by the contracting authority in relation to procedures for the award of a public services contract, is not licensed in the relevant State in which the economic operator is established or is not a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member,
— or subject to paragraphs (7), (8), (9), (10), (11), (12) and (13) of Regulation 23, is not registered on the professional or trade register of the relevant State specified in Schedule 6 of the Regulations in which that economic operator is established under conditions laid down by that State.
Tenderers are advised to note that failure to disclose information relevant to sections (4) and (5) or serious misrepresentation in relation to the information disclosed may result in the tenderers exclusion from this competition or the termination of participation in any subsequent framework that may be awarded to you and/or termination of any individual placement agreements entered into with purchasers under the framework.
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 a reference from their bank.
(2) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(3) 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.
(4) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.
Financial information provided by tenderers will be analysed by a suitably qualified individual on behalf of Scotland Excel to determine the financial viability of the tenderer to participate in the framework. This may include obtaining an Dun & Bradstreet report or similar. Where this analysis reveals concerns, in the sole opinion of Scotland Excel, about the financial viability of the tenderer the tenderer may be excluded from the tender process.
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) 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.
(5) Tenderers who have had requirements, recommendations or complaints from the Care Inspectorate (or equivalent) since 1st April 2011 must evidence that appropriate action was taken to comply with the requirements of the regulator within any timescales stipulated by the regulator (where appropriate) or that the tenderer has taken action rectify the issue within a reasonable timescale, or tenderers must provide a sufficient plan, to the complete satisfaction of the Scotland Excel, which demonstrates that appropriate action will be taken as required by the regulator within any timescales given by the regulator (where appropriate) or that action will be taken to recify the issue with a reasonable timescale.
(6) Tenderers must provide policies/procedures to the complete satisfaction of Scotland Excel prior to the commencement date. For further information tenderers are referred to the tender documents but the list includes:
— Complaints,
— Children’s Rights,
— Child Protection,
— Allegations,
— Protected Disclosures/Whistle Blowing,
— Non-Discrimination and Observance of Statutory Requirements relative to Equalities,
— Business Continuity.
(7) Tenderers must also agree to reflect in their agreements with foster carers all necessary requirements of the framework and provide evidence of this to the complete satisfaction of Scotland Excel.
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: Performance of the certain parts of the service specified in the framework is reserved for individuals registered with the relevant professional or regulatory body and is specifically defined in the framework but in general social workers and care staff must be registered with the relevant Scottish or British bodies and subject (where applicable) to membership of the Protection of Vulnerable Groups (PVG) Scheme.
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. Quality (technical envelope). Weighting 60

2. Finance (commercial envelope). Weighting 40

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:

26-10
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2012/S 170-281459 of 3.8.2012

Other previous publications

Notice number in the OJEU: 2011/S 124-205965 of 29.6.2011

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: 30.10.2012
IV.3.4)Time limit for receipt of tenders or requests to participate

13.11.2012 – 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

until: 1.4.2013
IV.3.8)Conditions for opening tenders

Date: 13.11.2012 – 12:00
Place:

Scotland Excel, Anchor Mill, Paisley.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: It is anticipated that further contract notices would be published for any future tender exercises for this service in good time before the end of this framework to ensure continuity of the service.
VI.2)Information about European Union funds
VI.3)Additional information

This notice has been published on an entirely voluntary basis.
The scope of the services to be provided in this framework fall within the definition of a “Part B” services contract as listed in Annex II B of Directive 2004/18/EC and part B of Schedule 3 to the Public Contracts (Scotland) Regulations 2012 (hereinafter referred to as the “Regulations”) and therefore are not subject to the full requirements of the Regulations.
Any reference to any of the Regulations, either directly or in the terms used, from which this framework is exempt is coincidental and should not be construed as applying any of the Regulations to this tender process or bringing any of them into force.
Where it is not required to follow one of the procedures set out in the Regulations, Scotland Excel 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 “Open Tendering” procedure identified therein. This provides that tender documents are made available to anyone wishing to receive them.
Scotland Excel intends to use an electronic tendering system (PCS-Tender Module) for this exercise. Interested parties can access the tender documents via this system at https://www.publictendersscotland.publiccontractsscotland.gov.uk (please note this is a different website from Public Contracts Scotland (the system on which this notice is published) and must be accessed separately at the above address).

The tender documents will be accessible online on Friday 28th September. The last date for accessing the tender documents will be 12noon on Tuesday 30th October.
The system requires providers who have not used this system previously to register their details. Once logged in providers can access the tender document by searching for project 30- Foster Care Services. Please note that the tender documents are only available to access online. These will not be sent to you. If you experience difficulty in accessing the tender documents please contact Bravo Solutions for help on +44 8003684850 or help@bravosolution.co.uk.

Scotland Excel intends to hold one tenderer information session open to all interested parties to explain various aspects of the tendering process, the use of the electronic tendering system (PCS-Tender Module) and to give an general overview of the operation of the proposed framework. This session will be strictly to discuss matters of process and no discussions will be entered into regarding specific bids.
It is envisaged that the session will take place on Tuesday 2nd October at 1pm to allow tenderers ample time to consider the guidance provided in making their respective offers. If you are interested in attending this session please email social.care@scotland-excel.org.uk confirming the name of the tenderer, representative who will attend and a valid email address through which confirmation of the session can be sent by 12noon on Monday 1.10.2012.

There will be no repeat of this session but information will be made available to all tenderers regardless of attendance.
Further to this session, Scotland Excel will make available a message facility through the electronic tendering system (PCS-Tender Module) which tenderers may use to ask for clarification of any points in the tender before the closing date for the messaging facility which is 12noon on Tuesday 6th November 2012. This system provides for open and transparent record of communications throughout the tender period and submitted questions will be anonymised and presented to all tenderers along with Scotland Excel’s response to ensure equal treatment of tenderers.
Collaborative arrangements:
This framework is being arranged by Scotland Excel on behalf of its member Local Authorities (Councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994). Scotland Excel is formed by agreement among Local Authorities throughout Scotland and is a Joint Committee under Section 57 of the Local Government (Scotland) Act 1973, on behalf of whom The Renfrewshire Council will act as the contracting authority. The Joint Committee is comprised of representatives from all of the member councils and is responsible for regulating the operation of Scotland Excel. Scotland Excel will prepare, negotiate and approve contracts on behalf of the member Local Authorities or other organisations using Scotland Excel’s services. This framework shall be open to all 32 Local Authorities in Scotland for as long as they remain members of Scotland Excel.
A List of bodies entitled to use the framework is provided below. For further information about Scotland Excel, Tenderers are referred to the website: http://www.scotland-excel.org.uk.

For the purposes of this framework the contracting authority shall be The Renfrewshire Council acting for Scotland Excel in terms of Regulation 3(2).
Organisations entitled to access the framework, together with any successors in statutory function and bodies established by councils to carry out their functions in respect of the service (including any NHS Trusts which have entered joint arrangements affecting the service) including: 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, 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, The Moray Council, West Dunbartonshire Council, West Lothian Council.
(SC Ref:234920).

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: An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2012 may bring proceedings in the Sheriff Court or the Court of Session insofar as they apply.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:

28.9.2012