Provision of Dementia Residential Care Services and Transfer of Claremont House and Castle Grange (K...

Kirklees Council is undertaking a procurement exercise to transfer two dementia care residential facilities to the independent sector. Key features of the procurement are:
* Freehold transfer of land for the market value of the property with covenant restrictions for 15 years;
* Financial model supports transitional funding for initial 5 years;
* Transfer of the businesses as going concerns through a Business Transfer Agreement;
* Provision of dementia care residential services for the existing service users resident at the time of transfer, through a Care Services Agreement.

This Procurement Exercise is for two lots; Lot 1 is Claremont House and Lot 2 is Castle Grange.

The Contract will commence on 1st September 2018 for a period of 5 years with the option to extend for a further period, or for successive periods, up to 31st August 2025.

The Council would like the existing residents to be able to remain at the Care Homes for the rest of their natural lives and on the same terms as under the Contract.

Bidders should note that the Contract relates to services that fall under the “light touch” regime of Regulations 74 to 77 of the PCR 2015. This Procurement Exercise will therefore be run in accordance with the PCR 2015 as they apply to “light touch” services. While the Council is following a process similar to the competitive procedure with negotiation under the PCR 2015 neither that fact nor any other statements, acts or omissions of the Council in connection with this Procurement Exercise should be taken as indicating that the Council intends to be bound by the provisions of the PCR 2015 or the general principles of the Treaty on the Functioning of the European Union to any greater extent than applies by law.

This is a single stage procurement and Bidders should submit both their completed Selection Questionnaires(SQ) and Supplier Submission Document (full Tender response) together by the deadline. Bidders should
note that their Tender responses will only be evaluated substantively once suitability of the Bidders has been assessed in accordance with the selection criteria and minimum levels of suitability, as detailed in the SQ. Bidders who fail to satisfy the minimum requirements stipulated in the SQ will be excluded from the process at this stage and their Tender response will not be subject to further evaluation.

In order to identify the Most Economically Advantageous Tender which best meets the Council’s requirements the Council may elect to either:
* award the Contract following the Evaluation Period without carrying out a Negotiation Period; or
* commence the Negotiation Period and enter into negotiations with the
Bidders who have submitted Tenders in order to improve the content of those Tenders.

It is the Council’s intention to only negotiate with Bidders in the event that, in the Council’s opinion, none of the bids received represent value for money. Alternatively, the Council may choose to award the Contract on the basis of Bidders’ Initial Tenders.

Bidders should note that the Council reserves the right to proceed to evaluate Tenders and identify a Successful Bidder without further correspondence with Bidders and so each Initial Tender submitted should be capable of assessment on its own merits without being subject to any negotiation. Bidders should note that the Council will not negotiate on the Procurement Documents, and are therefore requested not to submit mark-ups of the Contract or any other Procurement Document. Negotiations will be in relation to Bidders "offers" only.

Both homes currently each provides 30 residential places and 10 respite beds, however respite provision is not included in the services to be transferred. Therefore this tender offers the opportunity of at least 10 beds, per home, with which to operate any chosen service delivery model. The Council will endeavour to place residents in the Care Homes until the Contract Commencement Date so that the Care Homes transfer to the Successful Bidder with as many existing residents as possible. The Council expects that at the Contract Commencement Date there will be between 25 and 30 residents at each Care Home, although it cannot guarantee such numbers.

The Council anticipates that it may change the specification for the Contract during its term. Any changes to the specification are likely to be limited to changes to reflect new legislation and any change in legislation or update changes in relation to practice and the Council anticipates that these changes will leave the Successful Bidder in a no better and no worse position.

There are currently 59 members of staff working at Claremont House, and 53 at Castle Grange. All current staff are part time employees with the exception of managers and deputy managers at both homes who are all full time employees. TUPE will apply and employees will be eligible for either LGPS or a broadly comparable pension scheme. The LGPS admissions body will also require a bond.

The Kirklees Joint Strategy for Residential and Nursing Care Homes for Older People highlights that there will always be a need for care home provision; and additionally the Council’s Market Position Statement for Older People particularly highlights that there is a local shortage of high quality nursing home care for older people with dementia. This shortage remains acute and demand for it is likely to grow as more people are developing and living with dementia. The Council is particularly supportive of Bidders whose business models support the market shortage for both general nursing home care and nursing home care for people with dementia. The Council would like to see bids which support the market shortage for both general nursing home care and nursing home care for people with dementia where possible. There are a small number of marks available in the evaluation for Bidders who propose to provide nursing care from the Care Homes in future.

The social care services that are to be permitted under the restrictive covenant are:
A. The provision of personal and/or nursing care for those persons who are unable to provide it themselves or are in need of it by of reason old age and/or illness and/or disability; and
B. Accommodation for persons who require treatment for substance misuse; and
C. Assessment or medical treatment for persons detained under the Mental Health Act 1983; and
D. The provision of day services providing care and support for either (i) those person in need of it by reason of old age and/or illness and/or disability and/or (ii) the carers of those persons who are unable to look after themselves by reason of old age and/or illness and/or disability.