Section one: Contracting authority
one.1) Name and addresses
WEST LOTHIAN COUNCIL
West Lothian Civic Centre
Livingston
EH54 6FF
Contact
Tom Henderson
Tom.Henderson@westlothian.gov.uk
Country
United Kingdom
NUTS code
UKM78 - West Lothian
Internet address(es)
Main address
https://www.westlothian.gov.uk/
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00140
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://www.publictendersscotland.publiccontractsscotland.gov.uk
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://www.publictendersscotland.publiccontractsscotland.gov.uk
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
CC13701 - Early Learning & Childcare Services - Re-opening of Framework CC13109
two.1.2) Main CPV code
- 80110000 - Pre-school education services
two.1.3) Type of contract
Services
two.1.4) Short description
West Lothian Council intend re-opening The Flexible Framework for Early Learning and Childcare services (contract reference CC13109) to new entrants.
two.1.5) Estimated total value
Value excluding VAT: £22,334,488
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKM78 - West Lothian
two.2.4) Description of the procurement
West Lothian Council intend to re-open flexible framework for early learning and childcare services (Contract Reference CC13109) to new entrants.
This requirement follows Scottish Government Follows the Child and providers will need to have National Standards gradings of good or above.
Please note that there is no requirement for providers who have been appointed to framework CC13109 to re-apply.
The council will be using the allowable flexibilities of the Light Touch Regime and this is detailed within the Invitation to Tender e.g. re-opening to new entrants, reduced timescales for tender return.
two.2.5) Award criteria
Quality criterion - Name: National Care Standards / Weighting: 50
Price - Weighting: 50
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
33
This contract is subject to renewal
Yes
Description of renewals
At the sole discretion of the council, this contract may be extended for a period of a further 12 months.
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Whilst the dates have been included, these may be subject to change to reflect the academic term dates i.e. this contract is for a period of 33 months.
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
Service Providers must be able to meet the National Standards criteria - Good or Above.
This is a mandatory requirement
three.1.2) Economic and financial standing
List and brief description of selection criteria
Following consultation with the council's Risk & Insurance Manager, bidders will be expected to have the following Insurances in place at contract commencement :
Professional Indemnity 2M GBP
Employers Liability 10M GBP
Public Liability 10M GBP
The council will also undertake Dun and Bradstreet checks and Minimum levels are provided.
Minimum level(s) of standards required:
West Lothian Council will use Dun and Bradstreet’s DBAi financial reporting system to assess the financial stability of tenderers.
Tenderers with a Failure Score of 50 or above on the DBAi system will be deemed to have evidenced satisfactory financial stability. Please
note that below 50 will not be considered as having met this criteria. If a tenderer has a Failure Score of less
than 50, the tenderer may be required to submit their last three years accounts
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
Service providers will be required to undertake service provision in accordance with the Service Specification
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: 40
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.2.1) Previous publication concerning this procedure
Notice number: 2023/S 000-029193
four.2.2) Time limit for receipt of tenders or requests to participate
Date
30 August 2024
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.7) Conditions for opening of tenders
Date
30 August 2024
Local time
12:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: Yes
Estimated timing for further notices to be published: In accordance with provisions 74 - 76 of the
Public Contracts (Scotland) Regulations 2015 for the Award of contracts for social and other specific services,the council may re-open this Flexible Framework to other providers at quarterly intervals after contract commencement in August 2024 and new service providers will be able to apply to be appointed to the Flexible Framework.
six.3) Additional information
All information supplied by the Authority must be treated in confidence and not disclosed to third parties except
insofar as this is necessary to obtain sureties or quotations for the purpose of submitting the tender. All information supplied by you to the
Authority will similarly be treated in confidence except:
(i) for any information required to be disclosed or otherwise provided by the Authority to any person in order to comply with the Freedom
of Information (Scotland) Act 2002 and any codes of practice applicable from time to time relating to access to public authorities’
information.
The Tenderer shall co-operate, facilitate, support and assist the Authority in the provision of this information. In the event the Authority is
required to provide information to any person as a result of a request made to it under such Act and/or codes, the Authority shall adhere to
the requirements of such Act and/or codes in disclosing information relating to this Agreement, the Project documents and the Contractor.
(ii) that references may be sought from banks, existing or past clients, or other referees submitted by the tenderers;
(iii) for the disclosure of such information with regard to the outcome of the procurement process as may be required to be published in the
Supplement to the current World Trade Organisation or elsewhere in accordance with the requirements of UK government policy on the
disclosure of information relating to government contracts.
Procedures for Review - An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session’
Re SPD question 4B.6 In relation to D&B checks
In the event that the tenderer is not required to publish accounts and therefore does not have a Dun & Bradstreet or equivalent
rating, tenderers should be able to provide financial accounts when requested. Please note that if you intend on attaching 2 years accounts, these must include financial data over a 3 year period.
The council will review any information which is comparable to a Dun & Bradstreet score of 50 from a recognised Agency to substantiate
the Tenderer’s financial status.
In the event that a firm does not meet the financial criteria for consideration but has a parent company that does, the firm may still be eligible for consideration where their Tender Submission is supported by a Parent Company Guarantee.
Should after review of the financial evaluation the tenderer fail, then the tender submission may be rejected.
Police Scotland and D&B checks will be carried out.
Community Benefits proposals will not form part of the award criteria and will not be evaluated. However, any Community Benefits
proposals offered will become contractual obligations.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 27253. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:
As the council is not procuring services for Education services but is doing so for parent/carers this is deemed to be an excluded contract in accordance with Regulation 4 1 (b) 1 of the Procurement Reform (Scotland) Act 2014 where a contract is an excluded contract for the purposes of section 3 if (a) it is a contract of a kind to which Public Contracts Regulations do not apply by virtue of regulation 4 or 7 to 18 of those regulations, b(i) it is for the purpose of acquiring goods, works or services in order to sell, hire or provide them to other persons.
(SC Ref:773819)
six.4) Procedures for review
six.4.1) Review body
Livingston sheriff court
West Lothian Civic Centre
Livingston
EH54 6FF
Country
United Kingdom