Item 3 - Flexible Framework for the Provison of Supported Living
Renfrewshire Council · 12 September 2024
Back to Finance, Resources and Customer Services Policy Board — 12 September 2024 and its agenda
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___________________________________________________________________ To: Finance, Resources and Customer Services Policy Board On: 12 September 2024 ___________________________________________________________________ Report by: The Director of Finance and Resources, Renfrewshire Council and the Chief Officer, Renfrewshire Health and Social Care Partnership ___________________________________________________________________ Heading: Flexible Framework for the Provision of Supported Living and Community Based Support Services for Adults with Social Care Needs (RC-CPU-23-210) ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to seek the approval of the Finance, Resources and Customer Services Policy Board to authorise the Head of Corporate Governance to award a place on the Flexible Framework Agreement for the Provision of Supported Living and Community Based Support Services for Adults with Social Care Needs (RC-CPU-23-210) (“Flexible Framework Agreement”) to the tenderers detailed within Appendix 1 of this report. 1.2 The recommendation to award this Flexible Framework Agreement follows a procurement exercise which was conducted as an Open Procedure for an above Threshold contract in accordance with the Public Contracts (Scotland) Regulations 2015, as amended, for Social and Other Specific Services. 1.3 A Contract Strategy for this Flexible Framework Agreement was approved by: 1.3.1 The Chief Finance Officer, RHSCP on 16 May 2024;
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1.3.2 The Head of Mental Health, Learning Disability & Alcohol & Drug Recovery Services, RHSCP on 19 May 2024; 1.3.3 The Corporate Procurement Manager, Renfrewshire Council on 16 May 2024. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Finance, Resources and Customer Services Policy Board: (a) Authorises the Head of Corporate Governance to award a Flexible Framework Agreement for the Provision of Supported Living and Community Based Support Services for Adults with Social Care Needs, reference RC-CPU-23-210 to the 23 tenderers listed in Appendix 1 of this report; (b) Authorises the maximum approved contract value of up to £210,000,000 for the Flexible Framework period, including use of any extension periods, for all Individual Service Contracts (ISCs) made under this Flexible Framework Agreement; (c) Authorises an initial period of 4 years with the option to extend at the discretion of the Council for a further period of 12 months on 3 occasions. The anticipated Commencement Date of the Flexible Framework Agreement is 1 November 2024; the actual Commencement Date will be confirmed in the Council’s Letter of Acceptance to each successful tenderer identified in appendix 1 of this report; (d) Notes that where the Council reopens the Flexible Framework Agreement, a recommendation will be presented to the Finance Resources and Customer Services Policy Board for approval of any New Entrants. _________________________________________________________
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3. Background 3.1 This Flexible Framework Agreement will be used by RHSCP (who support the Council in the performance of social care functions) and where necessary, the Council, to purchase services via Individual Service Contract(s) for Adults with support needs relating to Mental Health, Learning Disabilities, Autism, Physical Disabilities, complex needs or other care and support inclusive of personal care, housing support, non-personal care, emotional and practical support. There may be the occasional requirement for a ISC to be arranged for a child. The new Flexible Framework Agreement will be used for future replacements for the Council’s current contracts for these services. 3.2 Successful Providers will deliver outcome focussed support for individuals assessed as requiring these Services and will include both Self Directed Support (SDS) options 2 and 3. 3.3 The procurement process for the Flexible Framework Agreement was conducted using the Open Procedure in accordance with the Public Contracts (Scotland) Regulations 2015 for a Social and Other Specific Services and the Council’s Standing Orders Relating to Contracts. 3.4 A Contract Notice was published on the Find a Tender Service via the Public Contracts Scotland website on 28 June 2024. The Invitation to Tender was also published and available on this date from Public Contracts Scotland – Tender. The original tender submission deadline was 12 noon on 29 July 2024 and extended to 12 noon on 31 July 2024 by the Council. 3.5 During the tender period, 87 economic operators viewed the tender opportunity; 33 submitted tender responses and 54 failed to respond by the Tender Deadline. Feedback was sought from those who did not submit, and responses included that economic operators could not meet the scope of requirements included or did not meet the minimum tender requirements. 3.6 Tender submissions were evaluated against a pre-determined set of criteria in the form of the Single Procurement Document (SPD), evaluated by representatives from the Corporate Procurement Unit (CPU) and by representatives from RHSCP, Health and Safety and Risk teams, against pre-determined bidder selection criteria which assessed competence and expertise. Ten tenderers did not pass the technical experience element of the SPD and were not evaluated further.
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3.7 All 23 Tenderers detailed in Appendix 1 confirmed compliance with the minimum selection criteria set within the SPD. 3.8 Each tender submission was then evaluated against the published award criteria of 70% Quality and 30% Price, by both representatives from CPU and RHSCP. The Total Score for each tenderer is detailed in Appendix 1. 3.9 The Invitation to Tender identified the Council’s minimum cyber security requirements. At a minimum, Tenderers were required to be IASME Cyber Essentials Plus certified, or be working towards certification. Any Tenderer who did not have IASME Cyber Essentials Plus was required to commit to obtain it within 12 months of the Commencement Date and enter a Probationary Period on the Flexible Framework Agreement. These Providers will be required to evidence accreditation to the Council within 12 months. The 16 tenderers detailed in Appendix 1 of this report with the annotation (P) will be entered into this Probationary Period. 3.10 As part of the Invitation to Tender, Tenderers were required to confirm their commitment to delivering Community Benefits throughout the Flexible Framework Agreement. All Tenderers detailed in Appendix 1 have confirmed their commitment to this requirement. The approach to Community Benefits will be linked to cumulative annual spend of ISC’s made with each Provider awarded a place on the Flexible Framework Agreement. This requirement will also apply to any New Entrants appointed through any future reopening of the Flexible Framework Agreement. 3.11 The Flexible Framework Agreement is not ranked and ISC’s will be awarded based on the needs of the individual service user requiring support. 3.12 The Flexible Framework Agreement will be reopened to allow Providers to join at a later date as a New Entrant. The timescales for any reopening will be dependent on the Council’s identified requirements. Any New Entrant will be required to satisfy the same minimum criteria as those awarded from the Commencement Date. ___________________________________________________________________ Implications of the Report 1. Financial - The costs of £210,000,000 excluding VAT for the initial four year period plus further extension of 3 x 12 months will be met from the RHSCP Adult Services Budget. The anticipated Commencement Date for the Flexible Framework Agreement is 1 November 2024.
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As this is a Flexible Framework Agreement, there is no guarantee of ISC’s or business for any Provider through the Flexible Framework. 2. HR & Organisational Development - N one arising directly from this report. 3. Community/Council Planning – Place – working together to enhance wellbeing across communities - Developing local plans that reflect the voices of our communities, alongside strengthening our local partnerships, working together to deliver local priorities. Fair – nurturing bright, happy and healthy futures for all – o Reducing inequalities in Renfrewshire, focusing on supporting our communities and empowering people to live fulfilled lives; o Working with a range of partners to support the improved health and wellbeing of our citizens. 4. Legal - This procurement was carried out in accordance with the procedures for an above Threshold contract under the Public Contracts (Scotland) Regulations 2015, as amended, for Social and Other Specific Services contracts and the related requirements under the Council’s Standing Orders Relating to Contracts. 5. Property/Assets – None arising directly from this report. 6. Information Technology - All Tenderers recommended award of a place on the Flexible Framework Agreement (detailed in Appendix 1) cyber security evidence was evaluated by the Council’s Security & Compliance team and met the Council’s minimum requirements. ICT will support the review of cyber security evidence for those Providers on a Probationary Period and any Tenderers applying as a New Entrant at a future date. 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website.
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8. Health & Safety - All Tenderers recommended award of a place on the Flexible Framework Agreement (detailed in Appendix 1) tender submissions were evaluated by the Corporate Health and Safety team and meet the Council’s minimum requirements. 9. Procurement – The procurement procedures outlined within this report shall ensure that the Council meets its statutory requirements in respect of procurement procedures, efficiency and modern Government. 10. Risk - All Tenderers recommended award of a place on the Flexible Framework Agreement (detailed in Appendix 1) insurance evidence was evaluated by the Council’s Risk team and met the Council’s minimum requirements. 11. Privacy Impact - As part of the procurement exercise, a data protection impact assessment was conducted by the RHSCP and the Council’s Information Governance team. Providers awarded places on the Flexible Framework Agreement will be Data Controllers and will be required to comply with the Conditions of Contract including Data Protection Conditions. 12. Climate Risk – The level of impact associated with the services was assessed using the Scottish Government Sustainability Test and is considered to be low impact. 13. Children’s Rights – This report demonstrates compliance with Article 23 (children with disabilities) of the United Nations Convention on the Rights of the Child. 14. Cosla Policy Position – Not applicable. _______________________________________________________ List of Background Papers – None ___________________________________________________________________ Author: Sarah Ford, Senior Procurement Specialist, Corporate Procurement Unit, Sarah.Ford@renfrewshire.gov.uk
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Appendix 1 Recommended Tenderers for Flexible Framework for the Provision of Supported Living and Community Based Support Services for Adults with Social Care Needs (RC-CPU-23-210) Tenderer Company Registration Number Total Score Active Healthcare Services Limited (P) SC483112 73.15% Affinity Trust 06893564 93.60% All Care Services Ltd (P) SC599935 72.48% Ayrshire Care Solutions Ltd (P) SC523204 37.78% Capability Scotland SC036524 90.66% Care Solutions Homecare Ltd (P) SC508883 69.48% Community Integrated Care 02225727 94.20% Cornerstone Community Care (P) SC070762 86.87% Delight Supported Living Ltd (P) SC364247 74.24% Enable Scotland (Leading the Way) SC145263 94.38% HRM Homecare Services Ltd SC167583 71.98% Key Housing Association Ltd (P) SP1938RS 99.45% Living Ambitions Ltd 02622175 94.25% McFarlane Trust Ltd. (P) SC115949 86.45% Partners for Inclusion (P) SC262549 88.23% Quarriers (P) SC014361 92.34% RAMH (P) SC141458 82.67% Scottish Action for Mental Health SC082340 91.50% Scottish Autism (P) SC081123 88.42% SCRT Limited (P) SC346942 86.24% The Richmond Fellowship Scotland Limited (P) SP2450RS 97.28% Turning Point Scotland (P) SC194639 86.02% Wheatley Care (P) SC252526 96.16% (P) = do not currently have IASME Cyber Essentials Plus and have committed to obtain it within 12 months of the Commencement Date. These Tenderers will enter a Probationary Period on the Flexible Framework Agreement.