CPU7109 - Alternative Provision (Education) Services Open Framework

Once this Tender Notice is published, Tender documents can be obtained from the East Midlands Procurement Portal at www.eastmidstenders.org ↗ by searching for CPU7109.

This Open Framework is for the provision of Alternative Provision (Education) Services.

Nottingham City Council is seeking Tenders from sufficiently experienced and qualified providers to establish a multi-Lot, multi-Supplier Open Framework of independent Alternative Education Provision Suppliers in compliance with the Act.

This Procurement consists of Lots as detailed below:

Lot 1 - SEND & Specialist Education

Lot 2 - Crisis & Stabilisation

Lot 3 - Core Education, Post-16 & Long-Term AP

The Authority is seeking to put in place an Open Framework to establish the initial Framework and appoint one or more Framework Members to deliver services. This Procurement is intended to set up a list of approved Framework Members. There is no limit to the number of Suppliers who can be Framework Members. Contract Award Procedures will then be conducted, and Call-off contracts will then be awarded.

The Open Framework Mechanism allows the Authority to 're-open' the Framework to new Framework Members, while allow existing Framework members to also remain as Framework Members. The Authority reserves the right to re-open the Framework to new potential Framework Members when it deems it is required to ensure:

• Procurement legislation is complied with.
• Capacity requirements can be met.
• To ensure adequate competition in the Call-off Award Procedure.
• To meet needs that are not satisfied by current Framework Members.
• Increased area to serve due to Local Government Re-organisation.
• Other reasons deemed reasonable by the Authority.

The Authority will post a Tender Notice on Find Tender Service/CDP when it re-opens the Framework for new Tender submissions.

As this Procurement is for a 'Light Touch Contract', the process and award of Call-off contracts may include some flexibilities permitted by this Special Regime of the Procurement Act (2023) and the Schools exemptions.

The Framework will consist of Independent Schools (privately funded, including public schools) and Independent Providers.

Publicly Owned/Funded Schools (inc LA maintained schools, faith schools, grammar schools, state boarding schools, voluntary schools), Academy Trusts and Free Schools do not need to register or apply to be on this framework as awards to these organisations are exempt under the Procurement Act 2023.

This is a light touch special regime contract as per Sections 8 and 9 of the Procurement Act 2023. The process to be used will be the Open Procedure as per Section 20 of the Procurement Act 2023.

Users of the Framework

There will be numerous users of the Framework (Framework User) that will be able to award Call-off Contracts via this Framework.

The main Framework User is anticipated to be Raleigh Educational Trust (PPON) is PHWL-2499-QDND.

Other Framework Users will fall into the following categories if they are in the Nottingham City Council authority boundary area:

• Publicly Owned/Funded Schools (inc LA maintained schools, faith schools, grammar schools, state boarding schools, voluntary schools)
• Pupil Referral Unit (RET)
• Academies / Multi Academy Trusts
• Free Schools

TUPE

The initial tendering of this Procurement does not give rise to the Transfer of Undertakings (Protection of Employment) 2006 Regulations, as no existing services are being transferred. Where existing services are reviewed and put out as a Call-off Award Procedure opportunity then TUPE may be considered in each relevant case.

Consideration of SME's

SME's have been considered as below:

• Advanced notice promoted via Pipeline Notice.
• PME Process
• Requirement split via Lots.
• Longer than required bid time provided.
• No insurance required at Framework stage.
• Low liability cap amounts.
• Framework can be re-opened for new SME's/Suppliers

Framework Term

The first framework for a term of up to three years starting from 14 April 2027 to 13 April 2030 and a second framework for a term of up to a further five years from 14 April 2030 to 13 April 2035.

The actual Framework dates and number of Frameworks are indicative only, but the total Term is of all Frameworks added together is a maximum of eight years.

In the event that only one supplier is appointed to any individual Framework in the scheme of Frameworks during the open Framework Period then the maximum term for the Framework, and the open Framework, will be 4 years from the date on which the single supplier Framework is awarded.

PME

Pre-market Engagement has been undertaken and Notice was published on the CDP on the 25 March 2026, notice reference2026/S 000-027146.

Tender Modifications

The Authority reserves the right to:

• Refine/modify the Procurement process and/or terms
• Refine the Pass / Fall Criteria
• 'Roll' the Procurement back to an appropriate previous stage.
• Refine the Specification
• Refine the Framework Agreement

LGR

Local Government Reorganisation (LGR) is the process in which the structure and responsibilities of local authorities are reconfigured. The Government has set out plans to move away from the current two-tier system of county and district councils which are in place in some parts of county of Nottinghamshire and other parts of England.

The Authority has now received the Government's proposed decision regarding LGR in Nottinghamshire and it will extend the boundary area for Nottingham City Council's successor organisation.

There is some uncertainty over the exact timing of when the new structure will be implemented but the latest information is that the Authority will remain in their current format until at least April 2028.

The period of all Contracts, Frameworks and Call-off Contracts under this Procurement is likely to be impacted by LGR. The current intention is that this Contract / Framework / Call-off Contract would continue following any new implemented structure.

As a consequence of LGR, any resulting Contract, Framework Agreement or Call Off Contract may be required to be transferred, assigned or novated (in whole or in part) to one or more successor authorities or other public bodies established as part of LGR, in accordance with applicable legislation.

Suppliers acknowledge and accept that the Authority must comply with all statutory, regulatory and other legal requirements arising in connection with LGR and, to the extent necessary to do so, reserves the right to make such amendments to the procurement arrangements and/or any resulting Contract, Framework Agreement or Call Off Contract as are required or permitted by law.

Suppliers must submit their Tender on the basis that such transfer, assignment, novation or amendment may occur and that no additional charges, price adjustments or termination rights shall arise solely as a result of LGR. Any reasonable steps taken by the Authority or a successor authority to notify Suppliers of matters arising from LGR shall be sufficient for the purposes of this procurement.

Following the identification of the above known risks, the Authority reserves the right to modify the Agreement/Call-off Contract and scope during the term of the Framework in accordance with Schedule 8, Paragraphs 1, 5 and 8 of the Procurement Act 2023.

Clarifications/Questions/Inquiries

All questions/clarifications must be submitted via the Portal (more details below). Do not expect emails/calls to be responded to.

All Suppliers should access the 'Messages' section of the e-procurement system (The Portal) on a regular basis to check for any clarifications issued on this project and/or any public exchange of information between interested parties, before final submission of their bid. It is the sole responsibility of Suppliers to do so.

East Midlands Procurement Portal (the Portal)

Once this Tender Notice is published, Tender documents can be obtained from the East Midlands Procurement Portal at www.eastmidstenders.org ↗ by searching for CPU7109. You will need register on this website to use it.

Please note if you require any assistance regarding the registration on the East Midlands Procurement Portal please contact Proactis direct via Helpdesk on Tel: 0330 005 0352 or Email: [email protected]. This is not a Council website, so we are unable help.

Central Digital Platform (CDP) - Also referred to as Find A Tender Service

Suppliers participating in procurements are now required to register on the Central Digital Platform (CDP). Suppliers can submit their Core Supplier Information and, where a procurement opportunity arises, share this information with the contracting authority via the CDP.

It is free to use and will mean suppliers should no longer have to re-enter this information for each public procurement but simply ensure it is up to date and subsequently shared with the appropriate Contracting Authority.

Part 1 of the Procurement Specific Questionnaire provides confirmation that suppliers have taken these steps.

The CDP can be found here: www.find-tender.service.gov.uk/Search ↗

You may have previously registered on the previous Find a Tender Service before the 24 February 2025. You will need to re-register on this enhanced platform.

Guidance can be found here:

www.gov.uk/government/collectio… ↗

Suppliers are required to fully complete the required information are part of the registration process on the CDP.

Please note The Council has no influence on the operation, control and content required on this platform. It is advised that Suppliers interested in this opportunity register on the CDP as soon as possible. Even if you are not interested in this opportunity, registration will give you access to all contract opportunities published on this site.

Please also see Associated Tender Documents for more information about the Authority's requirements.