Section one: Contracting authority
one.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")
Gyle Square (NSS Head Office), 1 South Gyle Crescent
Edinburgh
EH12 9EB
Contact
David Bryce
Telephone
+44 1312757454
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
http://www.nss.nhs.scot/browse/procurement-and-logistics
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
www.publictenders.publiccontractsscotland.gov.uk
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
www.publictenders.publiccontractsscotland.gov.uk
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at
www.publictenders.publiccontractsscotland.gov.uk
one.4) Type of the contracting authority
National or federal Agency/Office
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Temporary Agency Nurses & Operating Department Practitioners
Reference number
NP51023
two.1.2) Main CPV code
- 79620000 - Supply services of personnel including temporary staff
two.1.3) Type of contract
Services
two.1.4) Short description
The Common Services Agency (more commonly known as National Services Scotland) ("the Authority") acting through its division
Procurement, Commissioning and Facilities is undertaking this procurement of the supply of Temporary Agency Nurses, Healthcare assistants and Operating Department Practitioners on behalf
of all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS Organisation established pursuant to the NHS (Scotland) Act 1978), any integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014,and Hospices
two.1.5) Estimated total value
Value excluding VAT: £300,000,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 79620000 - Supply services of personnel including temporary staff
- 85141200 - Services provided by nurses
- 79610000 - Placement services of personnel
- 79624000 - Supply services of nursing personnel
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
All NHS Scotland entities pursuant to National Health Service(Scotland) act 1978 & integrated Joint Boards pursuant to the Public Bodies (Joint Working) Scotland Act 2014 and Hospices
two.2.4) Description of the procurement
The Common Services Agency (more commonly known as National Services Scotland) ("the Authority") acting through its division Procurement, Commissioning and Facilities is undertaking this procurement of the supply of Temporary Agency Nurses & Operating Department Practitioners on behalf of all entities constituted pursuant to the National Health Service (Scotland) Act1978 (i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS Organisation established pursuant to the NHS (Scotland) Act 1978), any integrated Joint Boards established pursuant to the Public Bodies (Joint Working) Scotland Act 2014 and Hospices
two.2.5) Award criteria
Quality criterion - Name: Technical Merit / Weighting: 40
Quality criterion - Name: Implementation / Weighting: 10
Price - Weighting: 50
two.2.6) Estimated value
Value excluding VAT: £300,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
The Framework Agreement duration will be 3years (36 months) with 2 twelve months extensions available
The Common Services Agency shall be entitled (at its sole discretion) to extend the duration of the Framework agreement by two 12 calendar month periods
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
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 three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions
(1)Potential Framework Participants will be required to provide statements of account or extracts relating to their business.
(2) Please attach your bankers statement outlining the current cash and credit facility position and confirming the Contractor’s economic and financial standing.
(3)see contract/tender documentation which incorporates the requirements of the ESPD (Scotland) and the financial period of reporting is the previous 3 financial years.
(4) Potential Framework Participants will be required to provide confirmation of Employers Liability, Public Liability and any other relevant insurances, also confirm the limits of indemnity per occurrence and aggregate for Public Liability, and any other relevant insurances are above the minimum of 2 Million UKGBP for any one incident in any one year
Minimum level(s) of standards required:
Potential Framework Participants must hold a current full registration with the Care Inspectorate before 9 October 2023.
Potential Framework Participants must have Registration with Disclosure Scotland in relation to PVG scheme
Potential Framework Participants must confirm Employer liability of 5 Million UKGBP
Potential Framework Participants must submit with their tender at least two detailed references from NHS registered bodies or registered healthcare providers attesting to the nature, quality and effectiveness of services provided by the potential framework participant
three.1.2) Economic and financial standing
List and brief description of selection criteria
1) Potential Framework Participants will be required to provide a statement covering the 3 years previous financial years including the overall turnover of the Potential Framework Participants in respect of the activities which are of a similar type to the subject matter of this notice.
(2)Potential Framework Participants will be required to provide statements of account or extracts relating to their business.
(3) see contract/tender documentation which incorporates the requirements of the ESPD (Scotland) and the financial period of reporting is the previous 3 financial years.
(4) Potential Framework Participants will be required to provide confirmation of Employers Liability, Public Liability and any other relevant insurances
three.1.3) Technical and professional ability
List and brief description of selection criteria
Potential Framework Participants must be able to demonstrate experience in providing an efficient, responsive and effective service for the provision of registered medical practitioners on an agency/locum basis (including an understanding of the need to accurately assess the skills and capabilities required against those offered by individual doctors) and the capability to provide Agency Services to Participating
Authorities across Scotland.
Minimum level(s) of standards possibly required
Additional minimum conditions relating to the provision of temporary agency nurses & operating department practitioners are detailed in the Framework Terms & Conditions.
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
Minimum conditions relating to pay and commission rates are detailed in the ITT
three.2.3) Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.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: 35
In the case of framework agreements, provide justification for any duration exceeding 4 years:
Justification for any framework agreement duration exceeding 4 years: Changes to practise will require change to fully implement. This award may take the additional year extension option that would take it past the 4 year point, this will be determined during the 4th year of the framework.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
26 June 2023
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.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)
four.2.7) Conditions for opening of tenders
Date
26 June 2023
Local time
12:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
The procurement involves the establishment of a framework agreement with several operators
Fair Work Practices
The Procurement Reform (Scotland) Act 2014 allows Scottish Ministers to publish statutory guidance to support its implementation.
Addressing Fair Work Practices, including the Real Living Wage, in Procurement
This guidance the first element of guidance to be published under section 29 of the Procurement Reform (Scotland) Act 2014 and applies to procurements which commence on or after 1 November 2015.
Background (from the guidance)
The Public Sector in Scotland is committed to the delivery of high quality public services, and recognises that this is critically dependent on
a workforce that is well-rewarded, well-motivated, well-led, has access to appropriate opportunities for training and skills development, are diverse and is engaged in decision making. These factors are also important for workforce recruitment and retention, and thus continuity of service.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 23676. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
The Contracting Authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
The contractor shall ensure that all contracts with sub-contractors and Suppliers which the Contractor intendsto procure following the
Commencement Date, and which the Contractor has not, before the date of this Contract, already planned to award to a particular
Sub-contractor or Supplier, are advertised through the PublicContracts Scotland procurement
portal(www.publiccontractsscotland.gov.uk)and awarded following a fair, open, transparent and competitive process proportionate to the
nature and value of the contract
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits has been provided as follows:
Background (from Scottish Government - Scottish Procurement Policy Note 6/2014 20th November 2014)
- The Scottish Model of Procurement aims to secure the maximum economic benefit from the 10 billion UKGBP spent by the
public sector on goods and services each year, through an approach that balances the business friendly and the socially
responsible.
- The Public Procurement Reform Programme delivers value that goes beyond savings and benefits – improving supplier
access to public contracts, particularly for SMEs; maximising efficiency and collaboration; and placing the local,
social and economic aspects of sustainability at the heart of the purchasing process.
- The Procurement Reform (Scotland) Act 2014 has established a national legislative framework for sustainable public
procurement that supports Scotland’s economic growth through improved procurement practice – and requires public bodies
to consider how their procurement activity can improve the economic, social and environmental wellbeing of the
authority’s area.
- It also specifically requires public bodies to consider imposing community benefit requirements as part of a major
contract; these might relate to, for example, employment opportunities or to sub-contracting opportunities
(SC Ref:725147)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
Telephone
+44 1312252525
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Precise information on deadline(s) for review procedures:
The Authority will notify economic operators who submitted a tender or (where no deselection process has previously been made) applied
to be selected to tender, of its decision to award the Framework Agreement which notification will contain, among other
information, a summary of the reasons as to why the economic operator was unsuccessful. The notification will
incorporate a ‘standstill period’ of a minimum of 10 (ten) clear calendar days (or a minimum of 15 (fifteen) if the
communication method used is not electronic) between the date on which the Authority despatches the notice(s) and the
date on which the Authority proposes to conclude the relevant Framework Agreement.
The bringing of court proceedings against the Authority during the standstill period will automatically continue the
prohibition on entering into the Framework Agreement until the court proceedings are determined, discontinued or
disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the
courts before the Framework Agreement has been entered into include the setting aside of the decision to award the
Framework Agreement to the winning tenderer(s).
The bringing of court proceedings against the Authority after the Framework Agreement has be entered into will not
affect the Framework Agreement unless grounds for the imposition of special penalties under the Public Contracts
(Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the
Framework Agreement has been entered into are limited to the award of damages