Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Scottish Government
4 Atlantic Quay, 70 York St
Glasgow
G2 8EA
UK
Contact person: Geri Bradley
Telephone: +44 7917497741
E-mail: Geri.Bradley@gov.scot
NUTS: UKM
Internet address(es)
Main address: http://www.scotland.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10482
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.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 abovementioned address
Tenders or requests to participate must be sent electronically to:
https://www.publictendersscotland.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:
https://www.publictendersscotland.publiccontractsscotland.gov.uk/
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Childrens Services Advocacy Support and Legal Representation
Reference number: 581963
II.1.2) Main CPV code
85311300
II.1.3) Type of contract
Services
II.1.4) Short description
The Scottish Government is seeking a supplier to provide a demand led service for both Advocacy Support and Legal Advice service to children, aged 12-15.
II.1.5) Estimated total value
Value excluding VAT:
860 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
79112000
79100000
II.2.3) Place of performance
NUTS code:
UKM
Main site or place of performance:
Scotland
II.2.4) Description of the procurement
The Scottish Government has a requirement to place a contract with an external service provider for the Provision of Children’s Service – Advocacy Support and Legal Representation.
The Education (Additional Support for Learning) Act 2004 provides the legal Framework for the provision of additional support for learning. The Education (Scotland) Act 2016 amends the 2004 Act to provide that children (aged Between 12-15 with capacity) can access certain rights conferred on them by the 2004 Act.
The Service Provision consists of the management/administration and delivery of the following:
Advocacy Support – To support children to prepare them to use their rights, using these rights and understanding the outcome of their use and to support children to understand the outcome where their parents have used their rights in relation to the child.
Legal Representation – To provide advice and representation in support of children using their rights to make a reference to the Additional Support Needs jurisdiction of the First-tier Tribunal for Scotland.
II.2.5) Award criteria
Criteria below:
Quality criterion: Understanding of the Requirement
/ Weighting: 40
Quality criterion: Service management, Ordering and Contract Management including Data Collection, Protection and Confidentiality
/ Weighting: 15
Quality criterion: Staff and Service/Contract Quality Management
/ Weighting: 25
Quality criterion: Community Benefits
/ Weighting: 5
Quality criterion: Fair Work First
/ Weighting: 5
Quality criterion: Exit Strategy
/ Weighting: 5
Quality criterion: Business Continuity and Disaster Recover (BCDR)
/ Weighting: 5
Price
/ Weighting:
30
II.2.6) Estimated value
Value excluding VAT:
860 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/07/2022
End:
31/03/2025
This contract is subject to renewal: Yes
Description of renewals:
Following the end of the initial 33 months the contract maybe extended by a period of up to 12 months.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
Bidders will be required to have membership to the following to perform services
Legal Representation: Membership of the Law Society of Scotland is required.
Advocacy: Membership of the Scottish Independent Advocacy Alliance.
PVG scheme membership is required.
III.1.2) Economic and financial standing
List and brief description of selection criteria:
Bidders will be required to state the value for their Current Ratio for the previous financial year
Bidders will be required to confirm they have the required levels of insurance cover specified below
Minimum level(s) of standards required:
Current ratio: Bidders must have a minimum current ratio of 1.0.
Current Ratio will be calculated as follows:
net current assets divided by net current liabilities.
There must be no qualification or contra-indication from any evidence provided in support of the bidders economic and financial standing
Insurance Cover
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 at the time being in force = 5,000,000 GBP (5 Million)
Public Liability Insurance = 2,000,000 GBP (2 Million)
Professional Indemnity Insurance = 2,000,000 GBP (2 Million).
Such insurances must be maintained for the duration of the Contract and for a minimum of 5 years following the expiry or termination of the Contract as appropriate.
III.1.3) Technical and professional ability
List and brief description of selection criteria:
The Bidder must demonstrate the following:
a. Service Contracts – examples of relevant experience in last 3 years
III.2) Conditions related to the contract
III.2.1) Information about a particular profession
Participation is reserved to a particular profession: Yes
Reference to the relevant law, regulation or administrative provision:
Educational and Professional Qualifications legal qualifications required which The Bidder must demonstrate that they are compliant with Scots Law (LLB plus Diploma in Professional Legal Practice), and a member of the Law Society of Scotland.
The Bidder must specify a working knowledge of education law specifically related to additional support for learning and experience of working with children.
III.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 IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
07/04/2022
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7) Conditions for opening of tenders
Date:
07/04/2022
Local time: 12:00
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
Yes
Estimated timing for further notices to be published:
Yes it is likely that a future procurement will be undertaken to replace this contract when it expires after additional extension period
VI.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3) Additional information
Question Scoring Methodology for Award Criteria outlined in Invitation to Tender.
0 Unacceptable Nil or inadequate response. Fails to demonstrate an ability to meet the requirement.
1 Poor Response is partially relevant but generally poor. The response addresses some elements of the requirement but contains insufficient/limited detail or explanation to demonstrate how the requirement will be fulfilled.
2 Acceptable Response is relevant and acceptable. The response addresses a broad understanding of the requirement but may lack details on how the requirement will be fulfilled in certain areas.
3 Good Response is relevant and good. The response is sufficiently detailed to demonstrate a good understanding and provides details on how the requirements will be fulfilled.
4 Excellent Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates a thorough understanding of the requirement and provides details of how the requirement will be met in full.
Additional criteria for Cyber and Data Security Question.
Cyber security will be scored on a pass/fail basis.
Tenderers are also asked to confirm that they will pay staff that are involved in the delivery of services under the contract, at least the real Living Wage.
Tenderers who do not pass these questions will not be subject to Commercial Analysis. As a result the tender will not be considered further.
Bidders must complete the SPD (Scotland) to demonstrate adherence to the Exclusion and Selection Criteria for this procurement.
If there are named subcontractors/technicians upon which the bidder will rely to meet the selection criteria, these named parties must complete and reattach the SPD Supplier Response Form attached to SPD
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 20761. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
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:
- Graduate, Apprenticeships work placements and/or Trainee placements
- Supplier engagement with schools, colleges and/or universities
- Targeted employment support, recruitment and work-related training for priority groups within the community (for example long-term unemployed and young people) as part of your proposed workforce.
- Support for existing Charity and Third Sector Organisations that deliver benefits to the communities
- Use of SMEs or supported businesses as part of your supply chain
Up-skilling the existing workforce;
- Equality and diversity initiatives;
- Educational support initiatives.
(SC Ref:684304)
VI.4) Procedures for review
VI.4.1) Review body
Edinburgh Sheriff Court and Justice of the Peace Court
27 Chambers Street
Edinburgh
EH1 1LB
UK
VI.5) Date of dispatch of this notice
28/02/2022