CONTRACT NOTICE – OFFICIAL JOURNAL

Section I: Contracting Authority

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Merthyr Tydfil County Borough Council

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

Various locations within the boundaries of Rhonnda-Cynon-Taff and Merthyr Tydfil

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

Framework duration of 10 years that is, a fixed term of 6 years with an option to extend for a further 2 plus 2 years.

This procurement falls under the Light Touch Regime and accordingly is governed by Regulations 74-77 of the Public Contracts Regulations 2015. Regulation 33 (Framework agreements) does not apply to this procurement. So as to bring further benefits to the services being procured , the Council is seeking to put in place a longer term Framework Agreement.

Estimated total value of purchases for the entire duration of the framework agreement

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

Rhondda Cynon Taf County Borough Council (RCT) is acting on behalf of itself and Merthyr Tydfil County Borough Council (“The Contracting Authorities”) for the purposes of the establishment of a framework agreement for the provision of Domiciliary Care Services.

Domiciliary Care Services are services that deliver support to a person in their own home, to help them remain independent for as long as possible. There are circa 1,500 people that currently receive these services across RCT and Merthyr, accounting for approximately 15,000 weekly hours of care being delivered by the independent sector. Providers should note that these are current estimated figures and the actual numbers are expected to fluctuate during the term of the framework.

Providers are required to deliver a range of Domiciliary care services to Service User’s including but not limited to Elderly Frail, Physical Disability, Mental Health, Substance Misuse and Learning Disability needs. It will be expected that any successful provider be registered with CSSIW for all these types.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

one lot only

one or more lots

all lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or limit for completion

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

III.1.4)

Other particular conditions to which the performance of the contract is subject

III.2)

Conditions for Participation

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

(1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.

(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.

(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.

(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.

(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.

(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.

(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.

(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established

(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.

Any other conditions set out in the MOU and tender documents

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

III.3)

Conditions Specific to Service Contracts

III.3.1)

Is provision of the service reserved to a specific profession?

III.3.2)

Will legal entities be required to state the names and professional qualifications of the personnel responsible for the execution of the service?

Section IV: Procedure

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate

Objective criteria for choosing the limited number of candidates

As set out in the MOU

IV.1.3)

Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

RCT/PSS/S198/16

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)

Language or languages in which tenders or requests to participate can be drawn up

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender 

IV.3.8)

Conditions for opening tenders

Section VI: Other Information

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

VI.3)

Additional Information

All communication for this procurement will be conducted via the eTenderWales portal. It is the Candidates responsibility to ensure their contact details within eTenderWales are accurate. If you have any questions or require any clarifications these must be submitted via the ‘Messages’ function within the portal as soon as possible.

Bidders should note that the services which are the subject of this procurement fall within Schedule 3 to the new Public Contracts Regulations 2015 (“the 2015 Regulations”) and accordingly the so called “Light Touch Regime”, as set out in Regulations 74-77, applies to this procurement. To this end the Council has chosen to follow a procurement procedure which is akin to the Restricted Procedure. For the avoidance of doubt the Council is not required to procure these services in line with the full extent of the 2015 Regulations, and is only obliged to comply with those parts of the 2015 Regulations which apply to the Light Touch Regime. That said, this procurement will follow a clear, structured and transparent process in order to ensure a fair and level playing field is maintained at all time and that all bidders are treated equally and fairly.

The Council reserves the right to award all, part or none of the business forming the subject matter of this procurement and to abandon, halt, postpone this procurement at any time. Under no circumstances will the Council incur any liability (including, but not limited to, liability as to costs) in respect of this procurement exercise, the abandonment of the same, or any documentation issued as part of this procurement exercise.

It is proposed that existing care packages will transfer to the new Framework Agreement. It is therefore expected that The Transfer of Undertakings (Protection of Employment) - TUPE shall apply. The detail as to the transitional arrangements will be set out in the Invitation to Tender documentation.

(WA Ref:38583)

Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:

As to be set out in the tender documents

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

Any contract award will be conditional on the Contract being approved in accordance with the Council’s internal procedures and the Council being generally able to proceed and will allow a voluntary standstill period of a minimum of 10 calendar days to elapse before sending confirmation of contract award to the successful Tenderer.

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Dispatch date of this Notice

ANNEX A

Additional Addresses and Contact Points

I)

Address and contact points from which further information can be obtained

II)

Address and contact points from which specifications and additional documentation may be obtained

III)

Address and contact points to which Tenders/Requests to Participate must be sent

ANNEX B

Information About Lots

1)

Short Description

Rhondda, Taf West and Taf South

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

Services to be carried out in Rhondda, Taf West and Taf South

4)

Indication about different contract dates

5)

Additional Information about lots

ANNEX B

Information About Lots

1)

Short Description

Cynon, Taf North, Merthyr

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

Services carried out in Cynon, Taf North, Merthyr

4)

Indication about different contract dates

5)

Additional Information about lots