{
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    "id": "ocds-r6ebe6-0000539042-2018-12-12T00:00:00Z",
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            "contactPoint": {
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            "contactPoint": {
                "name": "Angus Corby",
                "email": "angus.corby@transport.gov.scot",
                "telephone": "+44 1412727256",
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                "postalCode": "G4 0HF"
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            "contactPoint": {
                "name": "Rebecca Long",
                "email": "rebecca.long@transport.gov.scot",
                "telephone": "+44 1412727100",
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    "buyer": {
        "name": "Transport Scotland",
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    "planning": {
        "documents": [
            {
                "id": "JUN322726",
                "documentType": "plannedProcurementNotice",
                "title": "A9 Dualling Programme: Native Seeds Supply",
                "description": "Scottish Ministers have announced a project to provide continuous dualling of the A9 between Perth and Inverness by 2025. This will include the provision of a significant amount of native vegetation of local provenance to help integrate the road and its structures into the adjacent landscape whilst mitigating any residual impact on surrounding sensitive receptors. To address this requirement, Transport Scotland has identified the need to appoint suitable supplier(s) to supply all native wildflower and grass seed likely to be required for the A9 Dualling Programme.",
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        "id": "ocds-r6ebe6-0000539042",
        "title": "A9 Dualling Programme: Native Seeds Supply",
        "description": "Scottish Ministers have announced a project to provide continuous dualling of the A9 between Perth and Inverness by 2025. This will include the provision of a significant amount of native vegetation of local origin to help integrate the road and its structures into the adjacent landscape whilst mitigating any residual impact on surrounding sensitive receptors. To address this requirement, Transport Scotland has identified the need to appoint suitable supplier(s) to supply all native origin wildflower and grass seed likely to be required for the A9 Dualling Programme.",
        "status": "unsuccessful",
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                ],
                "relatedLot": "2"
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        ],
        "value": {
            "amount": 1200000,
            "currency": "GBP"
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        "mainProcurementCategory": "goods",
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                "id": "1",
                "title": "Native Seed Supply - Phase 1 - Lot 1",
                "description": "Transport Scotland is an agency of the Scottish Government and contracts in the name of and on behalf of the Scottish Ministers. Transport Scotland has identified the requirement to appoint a Supplier(or Suppliers) to supply all wildflower and grass seed likely to be required for the A9 Dualling Programme. It is currently considered most appropriate to procure the supply of these seeds in 2 phases, the initial phase (i.e. Phase 1) addressing the immediate requirement over the next 4 years, and the subsequent phase (i.e. Phase 2) addressing the requirements through to 2025. This notice relates to Phase 1. Due to the uncertainty of supply volume it is considered that this requirement would be best met through the use of a framework agreement. Furthermore, due to the overall value of Phase 1 and magnitude of requirement it is considered best to divide Phase 1 into two lots. It is intended that a Supplier will be procured for each Lot, such that a single-supplier framework agreement be set up for each lot. Suppliers will have the opportunity to bid for both lots. It is intended that call-offs from the framework will commence immediately following conclusion of the framework agreement, such that seed collection commences this year.. The supplier will be procured through a competitive tender procedure, in accordance with the Public Contracts (Scotland) Regulations 2015. 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.",
                "status": "unsuccessful",
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                            "name": "Approach to seed collection, production and storage; how proof of seed source identification is managed; and how risks associated with logistics and programme delivery are managed.",
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                "id": "JUL326496",
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                "title": "A9 Dualling Programme: Native Seeds Supply",
                "description": "Scottish Ministers have announced a project to provide continuous dualling of the A9 between Perth and Inverness by 2025. This will include the provision of a significant amount of native vegetation of local origin to help integrate the road and its structures into the adjacent landscape whilst mitigating any residual impact on surrounding sensitive receptors. To address this requirement, Transport Scotland has identified the need to appoint suitable supplier(s) to supply all native origin wildflower and grass seed likely to be required for the A9 Dualling Programme.",
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                "id": "JUL326496-1",
                "title": "Summary of Financial Ratios for ESPD",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=JUL326496&idx=1",
                "datePublished": "2018-07-30T08:56:15Z",
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                "id": "JUL326496-2",
                "title": "Outline information to support Contract Notice",
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            {
                "id": "JUL326496-3",
                "title": "Notification of A9 Seed Supply Briefing Paper August 2018",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=JUL326496&idx=3",
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                "id": "DEC339922",
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                "title": "A9 Dualling Programme: Native Seeds Supply",
                "description": "Scottish Ministers have announced a project to provide continuous dualling of the A9 between Perth and Inverness by 2025. This will include the provision of a significant amount of native vegetation of local origin to help integrate the road and its structures into the adjacent landscape whilst mitigating any residual impact on surrounding sensitive receptors. To address this requirement, Transport Scotland has identified the need to appoint suitable supplier(s) to supply all native origin wildflower and grass seed likely to be required for the A9 Dualling Programme.",
                "url": "https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=DEC339922",
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        ],
        "contractTerms": {
            "performanceTerms": "It is the Employer's policy to measure the performance of each Supplier on a regular basis. In the event that a Supplier performance falls below a satisfactory level, the Supplier will be invited to determine a means of rectifying the situation. Repeated or continual performance failures may result in suspension or termination of the contract and/or removal from the Framework."
        },
        "secondStage": {
            "invitationDate": "2018-09-26T00:00:00Z"
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        "selectionCriteria": {
            "criteria": [
                {
                    "type": "suitability",
                    "description": "Where applicable economic operators must be enrolled in the relevant professional or trade registers kept in the Member state of its establishment (as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015) (e.g. registered under Companies House). Economic operators should provide details under Question Ref. 4A.1.a. Accreditation Economic Operators shall be required to be a signatory of Flora Locale's Code of Practice for Collectors, Growers and Suppliers of Native Flora or be willing to be a signatory. Economic operators must provide accreditation details under Question Ref. 4C.6. Standards and Specification Subject to the other provisions of the Contract, the standards and specifications which the Contractor shall comply will include: - Flora Locale's Code of Practice for Collectors, Growers and Suppliers of Native Flora"
                },
                {
                    "type": "economic",
                    "description": "Economic Operators shall be required to satisfy minimum standards of economic and financial standing. To determine these standards, Economic Operators shall: (a) in response to ESPD, Question Ref. 4B.1.a provide the specified annual turnover for the last two years of trading, or for the period which is available if trading for less than two years; (b) in response to ESPD, Question Ref. 4B.6 provide the name, value and/or range of NINE financial criteria for the last two years of trading, or for the period which is available if trading for less than two years; and (c) in response to ESPD, Question Ref. 4B.5 confirm they already have or can commit to obtain, prior to commencement of the contract the required levels of insurance. In addition to the information requested under (a) and (b), economic operators are required to provide a link / copies of the associated annual accounts as filed at Companies House (or equivalent if not a UK registered company) for the last two years of trading, or for the period which is available if less than two years. This information has been requested to enable Transport Scotland to perform their own assessment and confirm the financial ratios submitted. Ultimately, ensuring the correct score is allocated, and to ensure no misinterpretation. Where there exist differences in ratios, between those provided and those calculated by Transport Scotland, clarification will be sought.",
                    "minimum": "Economic operators shall be required to satisfy minimum standards of economic and financial standing. These are described below: Evaluation Criteria Ratios (Question Ref. 4B.6) The financial information received under ESPD, Question Ref. 4B.6 shall be evaluated and scored out of 50 by allocating a score against nine individual economic and financial standing evaluation criteria, namely: 1. Acid Test Ratio 2. Cash Interest Cover Ratio 3. Return on Capital Employed 4. Operating Profit Ratio 5. Net Worth 6. Gearing 7. Annual Contract Value to Turnover 8. Filed Accounts 9. Audit Report The individual scores shall be weighted, with the most recent (\"Year 1\") financial statements weighted at 67% and the previous (\"Year 2\") statements being weighted at 33%, to form an aggregated score for each of the nine criteria over the two years. The maximum cumulative score resulting from the summation of the nine economic and financial standing aggregated scores shall be 50 marks. A submission shall be marked as a FAIL and will not be considered further if the score achieved by a Single Economic Operator or a Group of Economic Operators is less than 50 percent of the available marks. The Economic and Financial Standing Evaluation Criteria Ratios and Scoring criteria can be downloaded via the Public Contracts Scotland portal www.publiccontractsscotland.gov.uk. Where the submission has been submitted by a Group of Economic Operators, the information submitted by each Group Member will be evaluated in the proportion of the percentage shareholdings or percentage equity/interest of each Group Member and a score determined for such Group of Economic Operators on that basis. Insurance (Question Ref. 4B.5) In response to Question Ref. 4B.5.b economic operators must confirm they already have or can commit to obtain any other insurance, including Employers Liability, required by the Framework Agreement or by the appropriate legislation, with a sum insured / limit of indemnity to satisfy the Contract or legal requirements. In response to Question Ref. 4B.5c Economic Operators must confirm they already have or can commit to obtain, prior to the commencement the following levels of insurance: Public Liability Insurance = 2000000 GBP In responding to Question Ref. 4B.5.b and 4B.5.c of the ESPD, where the bidder ticks the box \"No, and I cannot commit to obtain it\" they shall be marked as FAIL."
                },
                {
                    "type": "technical",
                    "description": "Economic operators shall be required to insert suitable responses to Statements (a) to (i) set out below, within Question Ref.4C.1 of the ESPD, demonstrating that they have the required minimum standards of eligibility and technical and professional ability. Answers to these statements shall be answered by single economic operators and by groups of economic operators (group members should not respond individually). A \"group of economic operators\" is defined as an unincorporated consortium or joint venture. Responses to Statement (a) shall be assessed on the basis of PASS or FAIL. Economic operators who fail to satisfy these minimum standards (either they answer 'No' or fail to provide an acceptable answer) shall be excluded from the procurement competition. Statement (b) is not scored but is required to be completed in order to answer Statements (c) to (e). Responses to Statement (c), (d) and (e) shall be assessed on the basis of score with a minimum threshold, using the following scoring mechanism: - Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion (0 - 2 Unacceptable); - Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/ capacity/capability (3 - 4 Weak); - Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature (5 - 6 Acceptable); - Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (7 - 8 Good); - Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (9 -10 Excellent). A response shall be marked as a FAIL and will not be considered further if the score achieved for any response to statements (c), (d) or (e) is less than or equal to 2. Where a response is greater than 2 it shall be weighted in order to calculate a score out of 100 for the 3 statements. Under ESPD, Question Ref. 4C.7 economic operators shall be required to insert suitable responses to Statements (f), (g), and (h) detailing that they have in place an appropriate quality, environmental and health and safety management systems. Economic operators are required to provide details of a recognised accredited system or own non-accredited system, which ultimately shall be adopted if awarded the contract. Subsequently, under ESPD, Question Ref. 4D.1 economic operators are required to confirm their compliance and be able to provide the appropriate certification if appropriate. The responses to Statements (f), (g) and (h) shall be assessed on the basis of PASS or FAIL. Economic operators who have no management system in use will not be considered for this contract. The response to Statement (i) shall be assessed on the basis of PASS or FAIL. Economic Operators who are not registered or are not willing to commit to registration shall be excluded from the procurement competition.",
                    "minimum": "Statement (a) - Within the last 5 years have you delivered a similar supply contract to collect seeds, produce (harvest/process), store and deliver native, local origin seed material of a similar type to this contract to the value of at least 0.25M GBP in 2018 prices exclusive of VAT? If you answer 'Yes', details must be provided. Note: The responses to Statements (b) to (e) inclusive shall have predominantly been carried out in the last 5 years. Statement (b) - Provide information on no more than 3 \"reference projects\" which reflect similar works in terms of scope and size to the Lots you are applying for, detailing your role and the scope of the services performed. (Max 500 Words per reference project) Statement (c) - Logistics and risk management associated with programme deliveries (Weighting 60%: Max 1000 Words) - Provide details of approach to production and delivery of seed material, demonstrating: how logistical issues and risks are addressed; stock capacity is maintained to address demand; the adoption of appropriate production methods to ensure the quality and reliability of seed germination; working to demanding timescales; and ensuring sustainable working practices are adopted. Statement (d)- Managing the proof of seed source identification process (Weighting 20%: Max 750 Words) - Provide details of approach to management of proof of seed source identification process, ensuring relevant records are maintained, appropriate management systems are in place, ensuring there is a substantive audit trail for the procurement of native origin seed from local sources appropriate to the project. Statement (e) - Fair Working Practices (Weighting 20%; Max 750 words) - Provide details of a commitment to fair working practices. The response should provide: evidence of a fair and equal pay policy; commitment to promoting equalities; and details of employee training initiatives (i.e. skill development, apprenticeships). Provide details of your management systems: Statement (f) - Quality Management System. This may be European Foundation Quality Model (EFQM) or equivalent; BS EN ISO 9001:2000 (Quality Management Systems); Other accredited or Own non-accredited management system. Statement (g) - Environmental Management System. This may BS EN ISO 14001:2004 (Environmental Management Systems) ; Other accredited or Own non-accredited management system. Statement (h) - Health and Safety Management System. This may BS EN ISO 18001:2007 (Occupational Health and Safety Management Systems) and associated standards; Other accredited or Own non-accredited management system. Professional requirements: Statement (i) - Economic operators shall be required to provide evidence that they are a signatory of Flora Locale's Code of Practice for Collectors, Growers and Suppliers of Native Flora or a statement that they are willing to be a signatory."
                }
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        "submissionTerms": {
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            "bidValidityPeriod": {
                "durationInDays": 90
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        "techniques": {
            "hasFrameworkAgreement": true,
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        "legalBasis": {
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    "language": "EN",
    "description": "Transport Scotland will conduct the proposed procurement process for the Contract on behalf of the Scottish Ministers. In the event of the conclusion of the framework agreement, it is the intention that 2 single-supplier framework agreements will be entered into between the Scottish Ministers and the most economically advantageous tenderer for each lot. Each selected economic operator shall be invited to submit a Tender on the same contract terms. The submission, comprising the completed ESPD, shall be submitted via the Public Contracts Scotland portal, by no later than 1200hrs BST on 29 August 2018. 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. The Scottish Ministers shall not evaluate any submission received past the specified deadline, unless the delay is caused by a situation out with the control of the economic operator, the determination of which shall be at the sole discretion of the Scottish Ministers. Compliance with achieving the specified deadline is the sole responsibility of the economic operator. Economic operators which alter their composition after making a submission will be the subject of re-evaluation. Any request by Economic Operators for clarification of any part of the documentation shall be made through the Public Contracts Scotland website. The deadline to submit questions relating to the submission via the Public Contracts Scotland portal is 1200hrs BST on 15 August 2018. Neither Transport Scotland nor the Scottish Ministers shall be responsible in any way to economic operators as a result of any delay or failure in answering any request for clarification or any decision not to answer a request for clarification (either in full or in part). Absence of a response from Transport Scotland or the Scottish Ministers shall not entitle economic operators to qualify their submission. The Scottish Ministers reserve the right not to conclude any contract as a result of the procurement process initiated by this notice and to make whatever changes the Scottish Minsters deem appropriate to the content, process, timing and structure of the procurement process. Transport Scotland and the Scottish Ministers shall have no liability for any costs howsoever incurred by those participating in the competition. Economic Operators should be aware that all information submitted to the Scottish Ministers may need to be disclosed and/or published by the Scottish Ministers in compliance with the Freedom of Information (Scotland) Act 2002. The estimated total value estimated in II.1.5 is the total value for the supply of native seed for both lots under Phase 1. It does not include Phase II. Community Benefits will be considered as part of the Invitation to Tender. (SC Ref:567510)",
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            "title": "Native Seed Supply - Phase 1 - Lot 2",
            "status": "unsuccessful",
            "statusDetails": "unsuccessful",
            "relatedLots": [
                "2"
            ]
        }
    ]
}