FTS050 Data Protection Services Framework

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-05fac3-2025-12-19T16:00:44Z",
    "date": "2025-12-19T16:00:44Z",
    "ocid": "ocds-h6vhtk-05fac3",
    "description": "SPD Q 2D1: Bidders are required to state, in so far as they are known, the subcontractors they propose to use. Such subcontractors are required to complete the relevant parts of the SPD (Sections A and B of Part II and Part III only) - the lead bidder is to collate and submit the SPD responses as part of their tender response. Copies of the SPD for completion by subcontractors can be downloaded by the lead bidder from the online SPD module in Part II. It is estimated that the total value of the framework over the maximum duration of 4 years will be GBP 287,000 (excluding VAT). This is the figure which has been used in II.1.5 & II.2.6. Where bidders rely on the capacity of other entities in order to meet selection criteria they are required to provide information relating to these entities with the relevant supporting SPD documentation being submitted. SPD 3D.12 Bidders should refer to the \"Conflict of Interest\" Section within the Scope of Requirements when completing this question. The Award criteria (Questions 4-8) will be marked according to the following criteria - refer to the tender documents for the evaluation criteria for Questions 1-3 and the minimum threshold score for Questions 4-6: 0 - Unacceptable - Nil or inadequate response which fails to demonstrate an ability to meet the requirement. 1 - Poor - Response is partially relevant but generally poor. It 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. It 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. It 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. It is comprehensive, unambiguous and demonstrate a thorough understanding of the requirement and provides details of how the requirement will be met in full. Tenders must be submitted via the PCS postbox and must be received by the published deadline. Late tenders will not be accepted and HIE will reject any submissions received after the deadline. Email or hard copy responses will not be accepted. NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=816177. The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx. Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems. 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: see tender documents (SC Ref:816177) Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=816177",
    "initiationType": "tender",
    "tender": {
        "id": "FTS 050",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "FTS050 Data Protection Services Framework",
        "status": "active",
        "classification": {
            "scheme": "CPV",
            "id": "79410000",
            "description": "Business and management consultancy services"
        },
        "mainProcurementCategory": "services",
        "description": "HIE requires a suitably qualified and experienced supplier to provide provide data protection services, including fulfilling Data Protection Officer duties under the General Data Protection Regulation and supporting the Data Protection Act 2018 including delivery of data protection advice, risk assessment and training. This Framework is being procured for Highlands and Islands Enterprise (HIE) and on behalf of Wave Energy Scotland (WES), Orkney Research Innovation Campus (ORIC), HIE Orkney, HIE Ventures Ltd (HIEVL), Cairngorm Mountain (Scotland) Ltd (CMSL), South of Scotland Enterprise (SOSE) as well as any other Contracting Authority wholly or partly under the control of, and/or partly or wholly owned HIE or SOSE, at any point during the term of this Framework (subject to case-by-case approval by HIE). It is expected that these services will be required from 8 April 2026 for an initial period of 3 years, unless terminated in accordance with the provisions of the Framework agreement, with HIE having the option to extend for a period or periods together not exceeding 1 year following the Initial Term. The 3-year budget currently available to deliver this service is between GBP 171,000 and GBP 216,000 (excluding VAT).",
        "value": {
            "amount": 287000,
            "currency": "GBP"
        },
        "lots": [
            {
                "id": "1",
                "description": "Objective 1 - Role of Data Protection Officer (DPO) as specified in the General Data Protection Regulations and in support of Data Protection Act 2018 Objective 2 - Monitor and remedy noncompliance and support personal data breach resolution Objective 3 - Organisational Compliance with Data Protection Legislation Objective 4 - Data Protection Impact Assessment (DPIA) process including advice and support Objective 5 - Reporting and monitoring Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.",
                "awardCriteria": {
                    "criteria": [
                        {
                            "name": "Prompt Payment Standard Clause",
                            "type": "quality",
                            "description": "pass/fail"
                        },
                        {
                            "name": "Cyber Security",
                            "type": "quality",
                            "description": "pass/fail"
                        },
                        {
                            "name": "Payment of the Real Living Wage",
                            "type": "quality",
                            "description": "pass/fail"
                        },
                        {
                            "name": "Management and Delivery Methodology",
                            "type": "quality",
                            "description": "20%"
                        },
                        {
                            "name": "Responsiveness and Business Continuity",
                            "type": "quality",
                            "description": "13%"
                        },
                        {
                            "name": "Management and Delivery Team",
                            "type": "quality",
                            "description": "20%"
                        },
                        {
                            "name": "Monitoring and Reporting of Community Benefits",
                            "type": "quality",
                            "description": "2%"
                        },
                        {
                            "name": "Fair Work Practices",
                            "type": "quality",
                            "description": "5%"
                        },
                        {
                            "type": "price",
                            "description": "40%"
                        }
                    ]
                },
                "value": {
                    "amount": 287000,
                    "currency": "GBP"
                },
                "contractPeriod": {
                    "durationInDays": 1440
                },
                "hasRenewal": true,
                "renewal": {
                    "description": "The contract will be awarded for an initial period of 3 years, unless terminated in accordance with the provisions of the Framework agreement, with HIE having the option to extend for a period or periods together not exceeding 1 year following the Initial Term."
                },
                "submissionTerms": {
                    "variantPolicy": "notAllowed"
                },
                "hasOptions": true,
                "options": {
                    "description": "HIE reserves the right, on giving reasonable written notice from time to time, to require changes to the Services (whether by way of the removal of Services, the addition of new Services, or increasing or decreasing the Services or specifying the order in which the Services are to be performed or the locations where the Services are to be provided). HIE shall not require any such change other than where it is permitted by Regulation 72 of the Public Contracts (Scotland) Regulations 2015. The Framework/Call-off Contracts may be modified for reasons including but not limited to: -Changes to budget availability -Organisation/s bringing the services in-house fully or partially and so the services are no longer required / reduced services are required -The addition of similar services -Increasing the volume of the services -Change in legislative requirements resulting in increased or reduced service In these situations, for the call-off contracts, HIE will agree a price variation based on the pricing submitted as part of your bid, for example, using the hourly rate to increase/reduce the services by a number of hours. Other framework users may also modify their relevant call-off contracts."
                },
                "status": "active"
            }
        ],
        "items": [
            {
                "id": "1",
                "additionalClassifications": [
                    {
                        "scheme": "CPV",
                        "id": "79411100",
                        "description": "Business development consultancy services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "75111200",
                        "description": "Legislative services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "79212000",
                        "description": "Auditing services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "72300000",
                        "description": "Data services"
                    }
                ],
                "deliveryAddresses": [
                    {
                        "region": "UKM"
                    }
                ],
                "relatedLot": "1"
            }
        ],
        "submissionMethod": [
            "electronicSubmission"
        ],
        "submissionMethodDetails": "http://www.publiccontractsscotland.gov.uk",
        "selectionCriteria": {
            "criteria": [
                {
                    "type": "suitability",
                    "description": "4A2A Bidders must provide, or commit to provide prior to the commencement of the framework agreement, an up-to-date Level 1 disclosure from Disclosure Scotland for the DPO, the DPO's deputy/ies and all personnel with access to Framework User systems or business information. (Information on how to apply for a Level 1 disclosure is available online at https://www.mygov.scot/apply-for-level-1-disclosure.)",
                    "appliesTo": [
                        "supplier"
                    ]
                },
                {
                    "minimum": "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: 4B5A Professional Risk Indemnity - GBP 3 million for each and every claim 4B5B Employer's (Compulsory) Liability Insurance - GBP 5M for each and every claim. 4B.6 (not scored) HIE as a public body must comply with HMRC IR35 provisions. Therefore, where you are bidding as a personal service company (PSC) or will be using a personal service company to provide services under the contract please identify these PSC (s) in your response to 4B6."
                }
            ]
        },
        "contractTerms": {
            "performanceTerms": "See Scope of Requirements and Tender Guidance document.",
            "hasElectronicOrdering": true,
            "electronicInvoicingPolicy": "allowed",
            "hasElectronicPayment": true
        },
        "otherRequirements": {
            "requiresStaffNamesAndQualifications": true
        },
        "procurementMethod": "open",
        "procurementMethodDetails": "Open procedure",
        "techniques": {
            "hasFrameworkAgreement": true,
            "frameworkAgreement": {
                "maximumParticipants": 1
            }
        },
        "coveredBy": [
            "GPA"
        ],
        "tenderPeriod": {
            "endDate": "2026-02-09T12:00:00Z"
        },
        "submissionTerms": {
            "languages": [
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            ],
            "bidValidityPeriod": {
                "durationInDays": 90
            }
        },
        "awardPeriod": {
            "startDate": "2026-02-09T12:00:00Z"
        },
        "bidOpening": {
            "date": "2026-02-09T12:00:00Z"
        },
        "hasRecurrence": true,
        "recurrence": {
            "description": "HIE reserves the right to re-tender for these services upon termination or at the end of the contract, including any extension period."
        }
    },
    "parties": [
        {
            "id": "GB-FTS-1479",
            "name": "Highlands and Islands Enterprise",
            "identifier": {
                "legalName": "Highlands and Islands Enterprise"
            },
            "address": {
                "streetAddress": "An Lochran, 10 Inverness Campus",
                "locality": "Inverness",
                "region": "UKM6",
                "postalCode": "IV2 5NA",
                "countryName": "United Kingdom"
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                        "scheme": "COFOG",
                        "description": "Economic affairs"
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        },
        {
            "id": "GB-FTS-6933",
            "name": "Wave Energy Scotland Limited",
            "identifier": {
                "legalName": "Wave Energy Scotland Limited"
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            "address": {
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                "locality": "Inverness",
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        {
            "id": "GB-FTS-65704",
            "name": "Orkney Research and Innovation Campus LLP",
            "identifier": {
                "legalName": "Orkney Research and Innovation Campus LLP"
            },
            "address": {
                "streetAddress": "The Robert Rendall Building, Franklin Road",
                "locality": "Stromness",
                "region": "UK",
                "postalCode": "KW16 3AN",
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        {
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            "address": {
                "streetAddress": "Carmont House, The Crichton, Bankend Road",
                "locality": "Dumfries",
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                "postalCode": "DG1 4TA",
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        {
            "id": "GB-FTS-169806",
            "name": "HIE Ventures Ltd.",
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        {
            "id": "GB-FTS-1262",
            "name": "Inverness Sheriff Court and Justice of the Peace Court",
            "identifier": {
                "legalName": "Inverness Sheriff Court and Justice of the Peace Court"
            },
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                "countryName": "United Kingdom"
            },
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    ],
    "buyer": {
        "id": "GB-FTS-1479",
        "name": "Highlands and Islands Enterprise"
    },
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