Section one: Contracting authority
one.1) Name and addresses
Forestry and Land Scotland
Great Glen House, Leachkin Road
Inverness
IV3 8NW
procurement@forestryandland.gov.scot
Telephone
+44 3000676000
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
https://forestryandland.gov.scot
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA30371
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Environment
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Concessions at Various Visitor Sites
Reference number
C0235
two.1.2) Main CPV code
- 55520000 - Catering services
two.1.3) Type of contract
Services
two.1.4) Short description
Forestry and Land Scotland is seeking a service provider to deliver catering concessions at its visitor hub sites at Glentrool, Kirroughtree and The Lodge.
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 55500000 - Canteen and catering services
- 55330000 - Cafeteria services
- 77300000 - Horticultural services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
FLS welcomes over 10 million visitors each year, with a portfolio that includes visitor centres, forest parks, urban forests, campsites, beaches, mountains, lochs, and iconic viewpoints. A range of commercial agreements provide opportunities for businesses to deliver catering, retail, accommodation, and outdoor recreation at these sites.
FLS has a requirement to place a contract with an external service provider for the provision of catering concessions at Glentrool, Kirroughtree and The Lodge. The contract will include concessionaire obligations in relation to repair and maintenance of the occupied buildings.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 70
Price - Weighting: 30
two.2.6) Estimated value
Value excluding VAT: £13,500,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
120
This contract is subject to renewal
No
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
Please note that the estimated value includes for the potential addition of catering concessions at two further properties - Glenmore and Glentress - during the contract period.
Economic operators may be excluded from this competition if they are in any of the situations referred to in regulation 40 of The Concession Contracts (Scotland) Regulations 2016.
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.2) Economic and financial standing
List and brief description of selection criteria
It is a requirement of this contract that bidders hold, or can commit to obtain prior to the commencement of any subsequently awarded contract, the types and levels of insurance indicated below:
- Employer’s (Compulsory) Liability Insurance = in accordance with any legal obligation for the time being in force.
- Public Liability Insurance = 5,000,000 GBP.
Bidders will be required to provide a Confirmation Letter from either a bank or from an independent Chartered Accountant, confirming the following:
- The availability of any initial investment/funding proposed by the bidder in its tender submission.
- The affordability of the Base Concession Fees to the bidder.
three.1.3) Technical and professional ability
List and brief description of selection criteria
Bidders will be required to provide examples that demonstrate that they have the relevant experience to deliver the services as described in part II.2.4 of the Find a Tender Service Contract Notice or the relevant section of the Site Notice.
Minimum number of relevant examples: 2 cafés (or equivalent)
Requirement: Examples provided must be relevant to the requirements sought in terms of scope, scale, volumes and financial return, however, there is no requirement for the examples provided to specifically be concessions/leases.
If bidders intend to use a supply chain to deliver the requirements detailed in the Contract Notice, they will be required to confirm that they have (or have access to) the relevant supply chain management and tracking systems, to ensure a resilient and sustainable supply chain.
Bidders with a turnover of less than 36,000,000 GBP will be required to provide a brief explanation of what steps are taken to ensure that slavery and human trafficking is not taking place in any part of their organisation (including any sub-contractors and the supply chain).
Bidders with a turnover of 36,000,000 GBP or more will be required to demonstrate compliance with the Modern Slavery Act 2015 by providing a link to their statement that sets out the steps they have taken to ensure that slavery and human trafficking is not taking place in any part of their organisation (including any sub-contractors and the supply chain).
All bidders will be required to include confirmation that they have systems in place to pay sub-contractors throughout the supply chain promptly and effectively, and must provide evidence, when requested, of:
a) their standard payment terms; and
b) ≥95% of all supply chain invoices being paid on time (in accordance with the terms of contract) in the last financial year.
If a bidder is unable to confirm (b), it will be required to provide an improvement plan, signed by its Director, which improves payment performance.
Bidders will be required to confirm that they and/or the service provider, and managerial staff have the relevant educational and professional qualifications, as follows:
- All Café Managers must hold The Royal Environmental Health Institute of Scotland (REHIS) (or equivalent) Intermediate Food Hygiene – Level 3 Certificate.
- All café workers must hold, or obtain within six weeks of commencing employment, The Royal Environmental Health Institute of Scotland (REHIS) (or equivalent) Elementary Food Hygiene – Level 2 Certificate.
The Service Provider must ensure at all times that all workers engaged in delivery of the service hold qualifications and certifications commensurate with their duties.
Bidders will be required to confirm their average annual manpower for the last three years, and their number of managerial staff for the last three years.
Bidders will be required to confirm whether they intend to subcontract and, if so, for what proportion of the contract.
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
It is a mandatory requirement of this contract that all workers engaged in delivery of the service are paid at least the real Living Wage.
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.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2022/S 022-190089
four.2.2) Time limit for receipt of tenders or requests to participate
Date
6 January 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
Tender must be valid until: 5 May 2023
four.2.7) Conditions for opening of tenders
Date
6 January 2023
Local time
12:30pm
Place
Inverness
Information about authorised persons and opening procedure
Tenders will be opened by a Regulated Procurement Officer.
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: Yes
Estimated timing for further notices to be published: 19 August 2032
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
It is possible that the Transfer of Undertaking (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE Regulations) will apply to this tender.
Question Scoring Methodology for Technical Criteria shall be the Procurement Journey Methodology.
Any bidder that receives a score of zero (0) or one (1) for one or more technical questions will be excluded from the tender.
Any bidder that receives an overall technical score of below 50% out of 100% (of the 70% overall quality weighting) will be excluded from the tender.
The Service Provider should note that FLS may modify the Contract, irrespective of the monetary value of those modifications, within the scope permitted under Regulation 46(1) of the Concession Contracts (Scotland) Regulations 2016, should operational reasons require it.
Specifically, FLS may consider the addition of catering concessions at two further properties - Glenmore and Glentress - during the contract period.
It should be noted that FLS has received interest from a local community body in making an asset transfer request under Community Empowerment (Scotland) Act 2015 for the Glenmore Forest Café. FLS has agreed to give the community body time to prepare and consider their application. Should the community body decide not to submit an asset transfer request, or, if the request is unsuccessful, FLS’s decision as to whether or not to add the Glenmore Forest Café to this contract will thereafter be made, which may be beyond the current lease expiry date.
Other reasons for modification may include, but are not limited to:
- a successful Community Asset Transfer (CAT) application;
- a significant change in national or global socio-economic conditions, requiring a change to a Concession Fee;
- a change in public procurement policy;
- a change in government policy;
- a change to the Key Performance Indicators (KPIs); and
- a change to the reporting requirements.
The Scottish Government Supplier Journey:
https://www.supplierjourney.scot/
The Buyer Help and Guidance on PCS-T here:
https://www.publictendersscotland.publiccontractsscotland.gov.uk/web/buyerhelp.html
The Supplier Development Programme is available to assist Suppliers with public procurement including training events:
https://www.sdpscotland.co.uk/buyers/forestry-and-land-scotland-45/
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 22642. 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:
It is recognised that service providers may wish to use existing sub-contractors and as such it has not been deemed necessary to include the Sub-Contracting Clause, which requires suppliers to advertise their sub-contracting opportunities on Public Contracts Scotland.
The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:
The inclusion of mandatory Community Benefits has not been deemed appropriate for this contract for the following reasons:
- This contract itself will deliver benefits to the community, with most service users being from local communities.
- There may be a transfer of staff under TUPE meaning that employment opportunities may be limited.
(SC Ref:713097)
six.4) Procedures for review
six.4.1) Review body
The Inverness Justice Centre
Longman Road
Inverness
IV1 1AH
Telephone
+44 1463230782
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under The Concession Contracts (Scotland) Regulations 2016 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.
six.4.4) Service from which information about the review procedure may be obtained
Court of Session
Parliament House, Parliament Square
Edinburgh
EH1 1RQ
supreme.courts@scotcourts.gov.uk
Telephone
+44 1312252595
Country
United Kingdom