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
Section I: Contracting authority
Unit 5, Anchor Mill, 7 Thread Street
For the attention of: Social Care Team
PA1 1JR Paisley
Telephone: +44 3003001200
Fax: +44 1416187423
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)
The contracting authority is purchasing on behalf of other contracting authorities: yes
Aberdeen City Council
Argyll and Bute Council
City of Edinburgh Council
Comhairle nan Eilean Siar
Dumfries and Galloway Council
Dundee City Council
East Ayrshire Council
East Dunbartonshire Council
East Lothian Council
East Renfrewshire Council
Glasgow City Council
Moray Council, The
North Ayrshire Council
North Lanarkshire Council
Orkney Islands Council
Perth and Kinross Council
Scottish Borders Council
Shetland Islands Council
South Ayrshire Council
South Lanarkshire Council
West Dunbartonshire Council
West Lothian Council
Section II: Object of the contract
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
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
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.
85311300, 85311000, 85300000
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
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.
Number of possible renewals: 2
Section III: Legal, economic, financial and technical information
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.
(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.
(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.
(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:
— Children’s Rights,
— Child Protection,
— 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.
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.
Section IV: Procedure
The most economically advantageous tender in terms of the criteria stated below
1. Quality (technical envelope). Weighting 60
2. Finance (commercial envelope). Weighting 40
Scotland Excel, Anchor Mill, Paisley.
Section VI: Complementary information
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.
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 firstname.lastname@example.org.
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 email@example.com 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.
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.