Crown Commercial Service General Legal Services Panel Agreement
The Panel will comprise of 2 tiers. Panel Customers will be required to use the services of Suppliers on Tier 1.
United Kingdom-Liverpool: Legal services
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
The Minister for the Cabinet Office acting through Crown Commercial Service
9th Floor, The Capital, Old Hall Street
L3 9PP Liverpool
Telephone: +44 3450103503
E-mail: firstname.lastname@example.org, email@example.com
General address of the contracting authority: http://www.gov.uk/ccs
Address of the buyer profile: https://gpsesourcing.cabinetoffice.gov.uk
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
I.2)Type of the contracting authority
Other: public procurement
Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting authority:
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Primarily in the UK with some limited requirements overseas.
NUTS code UK
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
II.1.5)Short description of the contract or purchase(s)
This Panel Agreement will be for an initial Panel Period of two (2) years, with the option to extend for up to two (2) further periods of twelve (12) consecutive months.
The Panel will comprise of 2 tiers. Panel Customers will be required to use the services of Suppliers on Tier 1. Where Suppliers on Tier 1 are unable to accept Orders for services then Suppliers in Tier 2 will be used.
This procurement relates to the legal services which are listed in Schedule 3 of the Public Contracts Regulations 2015 (PCR) 2015 as a specific service. This procurement is being conducted under the Light Tough Regime (‘LTR’) is therefore subject to limited regulation and will be conducted in accordance with regulations 74 to 76 PCR 2015.
The anticipated maximum number of Suppliers to be appointed to the Panel is eighteen (18), with twelve (12) Suppliers within Tier 1 and six (6) Suppliers within Tier 2.
The procurement will be conducted in three (3) stages which will be run consecutively. Full details are available in the Invitation to Tender (‘the Invitation’). The Invitation can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1)
An overview of the stages are as follows:
Stage 1 — Eligibility (Eligibility Questionnaire).
Potential Providers will be required to complete an Eligibility Questionnaire.
Information submitted in the Stage 1 Eligibility Questionnaire will be evaluated to assess eligibility, capability to pursue a professional activity, economic and financial standing, and capacity and experience in accordance with the Invitation.
Following the evaluation of Potential Providers’ Stage 1 Eligibility Questionnaire Tender Submissions, for the purposes of determining which Potential Providers will be invited to Stage 2, the Authority will rank all Potential Providers from the highest Stage 1 Eligibility Score downwards as detailed in the Invitation.
A maximum of 50 Potential Providers will be invited to participate in Stage 2 of this Procurement. Where there are less than 50 Potential Providers assessed as eligible having satisfied the Stage 1 requirements less than 50 will proceed to Stage 2 — Suitability.
Where there are more than 50 Potential Providers assessed as eligible, Potential Providers ranked 1st to 50th will be invited via the e-Sourcing Suite to participate in Stage 2 — Suitability.
Where there are 2 or more Potential Providers who have tied scores and are placed in 50th position, the Authority will apply a tie breaker to determine which Potential Provider will proceed to Stage 2. The other Potential Provider will then be ranked 51st.
Stage 2 — Suitability (Suitability Questionnaire and Stage 2 Pricing):
Potential Providers will be required to complete a Suitability Questionnaire which includes the submission of two (2) case studies and a Stage 2 Pricing Matrix together forming the ‘Stage 2 Tender Submission’.
The Authority will evaluate the Stage 2 Tender Submissions as set out in the Invitation.
Stage 2 evaluation will be based on quality and price. The Stage 2 Quality Evaluation is weighted as 70 %. The Stage 2 Price Evaluation is weighted as 30 %.
Following the evaluation of Potential Providers’ Stage 2 Tender Submission for the purposes of determining the Potential Providers to be invited to Stage 3, the results of the Stage 2 Tender Submission will be ranked from the highest Stage 2 final score downwards.
A maximum of 24 Potential Providers will be invited to participate in Stage 3 of this Procurement.
Where there are 2 or more Potential Providers who have tied scores and are placed in 24th position, the Authority will apply a tie breaker to determine which Potential Provider will proceed to Stage 3. The other Potential Provider will be then be ranked 25th.
Stage 3 — Compatibility (Compatibility Meeting and Stage 3 Pricing):
Potential Providers will be required to attend a Stage 3 Compatibility Meeting and submit a Stage 3 Pricing Matrix.
The Authority will evaluate one (1) of the case studies submitted at Stage 2 during the Stage 3 Compatibility Meeting (‘Stage 3 Quality Evaluation’). The Authority will evaluate the Stage 3 Pricing Matrix (‘Stage 3 Price Evaluation’) in accordance with the Invitation.
The Stage 3 Quality Evaluation is weighted as 70 %. The Stage 3 Price Evaluation is weighted as 30 %.
Following the evaluation of Stage 3, for the purposes of determining the final decision to award all results will be ranked from the highest Stage 3 final score downwards.
Although this Procurement is being run under the Light Touch Regime, the Authority has chosen to observe a Standstill Period. Following a Standstill Period of ten (10) calendar days and subject to there being no substantive challenge to the Intention to Award, a Panel Agreement will be formally awarded, subject to contract, to:
Potential Providers ranked in 1st to 12th position a Tier 1 Panel Agreement; and
Potential Providers ranked in places 13th to 18t h position a Tier 2 Panel Agreement.
Where there are 2 or more Potential Providers who have tied scores and are placed in the 12th position, the Authority will apply a tie breaker to determine which Potential Provider will be awarded a place on Tier 1. The other Potential Provider will then be ranked as 13th and awarded a place on Tier 2 of the Panel.
Where there are 2 or more Potential Providers who have tied scores and are placed in the 18th position, the Authority will apply a tie breaker to determine which Potential Provider will be awarded a place on Tier 2 of the Panel. The other Potential Provider will then be ranked in 19th position.
II.1.6)Common procurement vocabulary (CPV)
79100000, 79110000, 79111000, 79112000, 79130000, 79140000
II.1.7)Information about Government Procurement Agreement (GPA)
II.1.9)Information about variants
II.2.1)Total quantity or scope:
Suppliers on the Panel will be full service providers of legal services, authorised and regulated by the SRA and/or appropriate regulatory bodies in other EU jurisdictions and will be able to provide all of the following Mandatory Specialisms:
Information law including data protection law,
Information technology law,
Intellectual property law,
Litigation and dispute resolution,
Non complex finance,
Projects / PFI/PPP,
Public procurement law,
Real estate and real estate finance,
The Panel will also cover Optional Specialisms. This includes Education law, Child law, Energy and natural resources, Food, Rural and Environmental Affairs, Franchise law, Health and Healthcare, Health and Safety, Life sciences, Public inquiries and inquests, Telecommunications, the law of International trade, investment and regulation and Public international law.
The Authority welcomes and encourages Tender Submissions from economic operators collaborating as a Group of Economic Operators or Key Contracting elements of its obligations. Full details are available in the Invitation. The Invitation can be accessed: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1)
Estimated value excluding VAT: 400 000 000 GBP
II.2.2)Information about options
II.3)Duration of the contract or time limit for completion
Section III: Legal, economic, financial and technical information
III.1.1)Deposits and guarantees required:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: This Procurement will be managed electronically via the Authority’s e-Sourcing Suite. To participate in this Procurement, participants must 1st be registered on the e-Sourcing Suite. If you have not yet registered on the e-Sourcing Suite, please go online to: https://gpsesourcing.cabinetoffice.gov.uk you can then access the link ‘Register for CCS eSourcing’. Please note that, to register, you must have a valid DUNS number (as provided by Dun & Bradstreet) for the organisation which you are registering, who will be entering into a contract if invited to do so. Full instructions for registration and use of the system can be found at: https://www.gov.uk/government/publications/esourcing-tool-guidance-for-SuppliersOnce you have registered on the e-Sourcing Suite, a registered user can express an interest for a specific procurement. This is done by emailing:ExpressionOfInterest@crowncommercial.gov.uk Your email must clearly state: the name and reference for the procurement you wish to register for; the name of the Potential Provider; and the name and contact details for the registered individual sending the email. The Authority will process the email and then enable the Potential Provider to access the procurement online via the e-Sourcing Suite. The registered user will receive a notification email to alert them once this has been done. As a user of the e-Sourcing Suite you will have access to e-Sourcing Suite email messaging service which facilitates all messages sent to you and from you in relation to any specific RFX event. Please note it is your responsibility to access these emails on a regular basis to ensure you have sight of all relevant information. For technical assistance on use of the e-Sourcing Suite please contact Crown Commercial Service Support Desk email:eEnablement@crowncommercial.gov.uk A full copy of the procurement documentation for this Procurement will be available for unrestricted and full direct access, free of charge via the Crown Commercial Service website from the date of the publication of the contract notice: http://ccs-agreements.cabinetoffice.gov.uk/procurement-pipeline
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Potential Providers will be assessed on the basis of information provided in the Invitation.
The Invitation can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1)
The Authority shall use a credit reference agency as the 1st step in determining financial risk in relation to Potential Providers’ Tender Submission. The Authority will request a financial risk score based on the information provided by Potential Providers in their response to the Stage 1 Eligibility Questionnaire.
In assessing the financial risk represented by Potential Providers, the Authority may take into account a copy of its audited accounts for the most recent 2 financial years and/or 1 or more of the following in respect of its organisation:
a) A statement of the turnover, profit and loss account, current liabilities and assets, and cash flow for the most recent year of trading for this organisation; or
b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position; and/or
c) An alternative means of demonstrating financial status if any of the above are not available (e.g. forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank or an alternative means of demonstrating financial status).
Potential Providers must possess the required level of Insurance cover detailed in the Invitation. The Invitation can be accessed at:https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1)
Information and formalities necessary for evaluating if the requirements are met:
Potential Providers will be assessed on the basis of information provided in response to the Invitation. The Invitation can be accessed at:https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1)
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service
Section IV: Procedure
IV.1.1)Type of procedure
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.2.2)Information about electronic auction
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders
Electronically, via web-based portal.
Section VI: Complementary information
VI.1)Information about recurrence
VI.2)Information about European Union funds
A full copy of the procurement documentation for this Procurement will be available for unrestricted and full direct access, free of charge via the Crown Commercial Service website from the date of publication of the contract notice: http://ccs-agreements.cabinetoffice.gov.uk/procurement-pipeline
Please be advised that the Authority does not consider that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) to be an issue in respect of this Procurement at Panel Agreement Award Stage as services are not provided at this level. At the Legal Services Contract stage, the Authority takes the view that TUPE is unlikely to apply. It is the responsibility of Potential Providers to take their own advice and consider whether TUPE is likely to apply at the Legal Services Contract stage and to act accordingly.
Cyber Essentials is mandatory for Central Government Contracts which involve handling personal information and providing certain ICT products and services. The Government is taking steps to further reduce the levels of cyber-security risk in its supply chain through the Cyber Essentials Plus scheme. The scheme defines a set of controls which, when properly implemented, will provide organisations with basic protection from the most prevalent forms of threat coming from the internet. There are two (2) levels of certification: Cyber Essentials and Cyber Essentials Plus. To participate in this Procurement, Potential Providers must be able to demonstrate that they comply with the technical requirements prescribed by Cyber Essentials Plus for services under and in connection with this Procurement. Potential Providers may be awarded a place on the Panel Agreement but shall not enter into any Call Off Procedure and/or any Legal Services Contract with Panel Customers until they are able to demonstrate to the Authority that they meet the technical requirements prescribed by Cyber Essentials Plus for services under and in connection with this Procurement.
The Authority reserves the right for the Authority and/or Panel Customers for an electronic auction to be held during the Legal Services Contract Stage among the Parties to the Panel Agreement(s). Electronic ordering and/or electronic invoicing and/or electronic payment may be used during the period of the Panel Agreement and throughout the lifespan of any Legal Services Contract.
Potential Providers should note that, in accordance with the UK Government’s policies on transparency, the Authority intends to publish the procurement documentation and the text of any Panel Agreement awarded, subject to possible redactions at the discretion of the Authority. The terms of the proposed Panel Agreement will also permit a Panel Customer awarding a Legal Services Contract under this Panel Agreement, to publish the text of that contract, subject to possible redactions at the discretion of the Customer. Further information on transparency can be found at:https://www.gov.uk/government/publications/procurement-and-contracting-transparency-requirements-guidance
From 2.4.2014, the Government is introducing its new Government Security Classifications (GSC) classification scheme to replace the current Government Protective Marking Scheme (GPMS). A key aspect of this is the reduction in the number of security classifications used. All Potential Providers should make themselves aware of the changes as it may impact on this Requirement. The link below to the Gov.uk website provides information on the new GSC:https://www.gov.uk/government/publications/government-security-classifications
The Authority expressly reserves the right: (i) not to award any Panel Agreement as a result of the procurement process commenced by publication of this notice; and (ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will the Authority be liable for any costs incurred by the Potential Provider. If the Authority decides to enter into a Panel Agreement with the successful Supplier, this does not mean that there is any guarantee of subsequent Legal Services Contracts being awarded or that there is an exclusivity in any way in respect of the relevant services. Any expenditure, work or effort undertaken prior to contract award is accordingly a matter solely for the commercial judgement of Potential Providers. Any Orders placed under this Panel Agreement will form a separate Legal Services Contract under the scope of this Panel Agreement between the Supplier and the Customer. The Authority and Panel Customers utilising the Panel Agreement reserve the right to use any electronic portal during the life of the Panel Agreement.
The Authority reserves the right for the Authority and/or Panel Customers for an electronic auction to be held during the Legal Services Contract Stage among the Parties to the Panel Agreement(s).
Electronic ordering and/or electronic invoicing and/or electronic payment may be used during the period of the Panel Agreement and throughout the lifespan of any Legal Service Contract.
The time-limit for the receipt of Tender Submissions referenced in Section IV.3.4) is the time-limit for the receipt of Stage 1 Tender Submissions, please refer to Section 6 of Attachment 1 The Invitation for further information regarding time-scales.
The duration referenced in Section II.3) is for the placing of Orders.
This Panel Agreement will be for an initial Panel Period of two (2) years, with the option to extend for up to two (2) further periods of twelve (12) consecutive months.
The value provided in Section II.2.I) is only an estimate. We cannot guarantee to Suppliers any business through the Panel Agreement.
The following UK public sector bodies are authorised and enabled to use the Panel:
— All Ministerial and Non Ministerial UK Government Departments, including their Executive Agencies and other subsidiary bodies;
— Other parts of Central Government holding Crown Status employing Civil Servants;
— All non-Crown Status Government Companies wholly or partly owned by Central Government Departments and their subsidiaries;
— The non-Departmental Public Bodies, other Public Bodies, Public Corporations and their subsidiary bodies sponsored by Central Government Departments which are not covered by the above categories but are named below;
— Any successor bodies to any of the above; and
— All new bodies created which fall within the criteria set out above.
The non-Departmental Public Bodies, other Public Bodies, Public Corporations and their subsidiary bodies sponsored by Central Government Departments are listed below:
Advisory Conciliation and Arbitration Service (ACAS),
Arts and Humanities Research Council,
Bank of England,
Biotechnology and Biological Sciences Research Council,
BIS (Postal Services Act 2011) Company Limited,
British Business Bank PLC (and Capital for Enterprise Limited. now part of BBB),
British Tourist Authority,
Building Regulations Advisory Committee,
Care Quality Commission (CQC),
Centers for Disease Control and Prevention Limited,
Children and Family Court Advisory Service,
Civil Nuclear Police Authority,
Civil Service Arbitration Tribunal,
Civil Service Commission,
College of Policing,
Commission for Local Administration,
Committee on Climate Change,
Commonwealth Scholarship Commission,
Competition and Markets Authority,
Construction Industry Training Board,
Criminal Cases Review Commission,
Crown Commercial Services,
CTRL Section 1 Finance PLC,
Defence Equipment and Support,
Diamond Light Source,
Directly Operated Railways Limited,
Disabled People’s Employment Corporation (GB) Limited,
Disclosure and Barring Service,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
English Tourist Board,
Equalities and Human Rights Commission,
Financial Reporting Council,
Fire Services College,
Gangmasters Licensing Authority,
Government Communications Headquarters (Do Not Publish),
Groundwork Trusts (en bloc),
Health Education England (HEE),
Her Majesty’s Inspectorate of Constabulary,
Her Majesty’s Passport Office,
High Speed 2 Limited,
Higher Education Funding Council for England (HEFCE),
HM Crown Prosecution Service Inspectorate,
HM Treasury UK Sovereign Suk UK PLC,
Homes and Communities Agency,
Independent Chief Inspector,
Independent Commission For Aid Impact (ICAI),
Independent Housing Ombudsman Limited,
Independent Police Complaints Commission,
Industrial Injuries Advisory Council,
Information Commissioner’s Office,
Intelligence Services Commissioners Office,
Judicial Appointments and Conduct Ombudsman,
Judicial Appointments Commission,
Lease Conferences Limited,
Legal Services Board,
Legal Services Ombudsman,
Local Ed Property Limited,
Local Government Boundary Commission for England,
London Continental Railways Limited,
Low Carbon Contracts Company Electricity Settlements Company,
Low Pay Commission,
Marine Management Organisation,
Medical Research Council (MRC),
Migration Advisory Committee,
National Employment Savings Trust (NEST),
National Health Service Trust Development Authority,
National Savings and Investments,
Natural Environment Research Council (NERC),
NHS Blood and Transplant,
NHS Business Services Authority,
NHS Digital (HSCIC),
Nuclear Decommissioning Agency,
Nuclear Decommissioning Authority Archives Limited,
Office for Fair Access,
Office for Nuclear Regulation,
Office for the Commissioner of Public Appointments,
Office of the Immigration Services Commissioner,
Official Solicitor and Public Trustee,
Pension Protection Fund,
Pensions Advisory Service,
Rail Accident Investigation Branch,
Research Council UK Shared Services Centre Limited,
Research Councils (En Bloc),
Revenue and Customs Digital Technology Services,
Science and Technology Facilities Council Innovations Limited,
Security and Intelligence Services (Do Not Publish),
Security Industry Authority,
Shared Services Connected Limited,
Social Security Advisory Committee,
Student Loans Company,
The Chief Inspector of the UK Border Agency,
The Children and Family Court Advisory and Support Service,
The Committee for the Protection of Animals Used for Scientific Purposes,
The Crime Concern, Marks and Spencer, Groundwork Partnership (t/a Youth Works),
The Leasehold Advisory Service,
The National Archive,
UK Asset Resolutions,
UK Atomic Energy Authority,
UK Commission for Employment and Skills,
UK Financial Investments Limited (UKFI),
UK Government Investments Financing Plc,
Urban Development Corporations,
Valuation Office Agency,
Youth Justice Board for England and Wales.
The following link: (https://www.ons.gov.uk/economy/nationalaccounts/uksectoraccounts/datasets/publicsectorclassificationguide) sets out details of the bodies that fall within the categories set out above and may be referred to as a point of reference.
VI.4.2)Lodging of appeals
VI.5)Date of dispatch of this notice: