Section one: Contracting authority
one.1) Name and addresses
The City of Edinburgh Council
Waverley Court, 4 East Market Street
Edinburgh
EH8 8BG
Contact
Paula Deegan
Telephone
+44 1314693922
Country
United Kingdom
NUTS code
UKM75 - Edinburgh, City of
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00290
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Award of Contract for South West (Canalside) Older People's Day Opportunities
Reference number
CT2835
two.1.2) Main CPV code
- 85312100 - Daycare services
two.1.3) Type of contract
Services
two.1.4) Short description
Day opportunities encompass a wide range of activities for older people that involve supporting people to age well. The aim of day opportunities is to improve people’s quality of life by ensuring they remain or become active citizens who are socially engaged.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £249,129
two.2) Description
two.2.2) Additional CPV code(s)
- 85312100 - Daycare services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
South West Locality of Edinburgh
two.2.4) Description of the procurement
This requirement had been previously published on PCS as part of Day Opportunities Framework in January 2020. It was anticipated that the incumbent provider would bid however they did not and as such, there was not enough capacity within the South West of Edinburgh. Various PIN's have since been published to establish interest from the market, the latest being in May 2021. Two providers indicated interest and negotiations were undertaken. However, one provider withdrew their interest and negotiations continued with the remaining provider (expedited due to the lack of service within the SW).
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Form of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
This Contract falls within the category of contracts covered by Regulation 74 of The Public Contracts (Scotland) Regulations 2015 and is being awarded in accordance with the process set out in Regulation 33, in particular Regulation 33 (1) section (b)where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons — (ii)competition is absent for technical reasons; there is a limited supply market. It is an interim arrangement only.
four.1.10) Identification of the national rules applicable to the procedure
Information about national procedures is available at: https://www.gov.scot/policies/public-sector-procurement/
four.1.11) Main features of the award procedure
Negotiated procedure due to COVID-19 pandemic and the continued requirement of the service.
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
11 April 2022
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 1
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 0
five.2.3) Name and address of the contractor
Libertus Services
20 Gracemount Drive
Edinburgh
EH16 6RN
Telephone
+44 1316720982
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £249,129
Section six. Complementary information
six.3) Additional information
This is an interim arrangement only due to C-19 pandemic as it is in the interests of the individuals within the South West Locality to be supported with this service.
(SC Ref:664071)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
Court of Session Parliament House
Parliament Square
Edinburgh
EH1 1RQ
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
A tenderer that suffers loss as a result of a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session. The City of Edinburgh Council (the Council) will have a minimum standstill period of 10 days before awarding the contract. The communication of the award decision notice will be sent by fax or e-mail to all tenderers with the standstill period commencing on the next day. If proceedings are started in the Sheriff Court or the Court of Session against the Council in respect of the decision to award the contract within the standstill period then the Council is prevented from awarding the contract. Post contract award the Sheriff Court or the Court of Session may (1) award damages provided proceedings are brought within 3 months from the date when the grounds for the bringing of the proceedings first arose (2) be entitled to issue an ineffectiveness order or impose a financial penalty on the Council. A claim for an ineffectiveness order must be made within 30 days of the Contract Award Notice being published in the OJEU or within 30 days of the date those who expressed an interest in or otherwise bid for the contract were informed of the conclusion of the contract or in any other case within 6 months from the date on which the contract was entered into.