Department of Health Civil Litigation Framework

Department of Health Civil Litigation Framework

Civil Litigation and Arbitration in Medicines and Pharmaceutics Light Touch Regime Framework.

United Kingdom-London: Legal services

2017/S 026-046625

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

The Secretary of State for Health acting through the Department of Health
79 Whitehall
For the attention of: Garry Raisbeck
SW1A 2NS London
United Kingdom
E-mail: supplier.helpdesk@dh.gsi.gov.uk

Internet address(es):

General address of the contracting authority:https://www.gov.uk/government/organisations/department-of-health

Address of the buyer profile: https://www.gov.uk/government/organisations/department-of-health/about/procurement

Electronic access to information: https://www.showa.dh.gov.uk/OA_HTML/AppsLocalLogin.jsp

Electronic submission of tenders and requests to participate:https://www.showa.dh.gov.uk/OA_HTML/AppsLocalLogin.jsp

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

Ministry or any other national or federal authority, including their regional or local sub-divisions

I.3)Main activity

Health

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Civil Litigation and Arbitration in Medicines and Pharmaceutics (CLAMP) LTR Framework.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: UK.

NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 5

Duration of the framework agreement

Duration in years: 5
Justification for a framework agreement, the duration of which exceeds four years: 3 year term with 2 consecutive optional extensions of 1-year (3y+1y+1y).
Procurement made under the Light Touch Regime (LTR).

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 6 500 000 and 10 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

The Department of Health intends to conduct a procurement under the Light Touch Regime to establish a panel of law firms pursuant to a multi-supplier pseudo framework agreement to act for, and provide advice to, the Department of Health in connection with Civil Litigation Arbitration and Mediation against companies in the pharmaceutical industry.
The requirement will be for the provision of exploratory legal and professional advice, market structure analysis (incorporating financial analysis) and representation within civil proceedings. The scope of civil proceedings may include but shall not be limited to investigation into deceit, anti-competitive agreements, patent infringement and the abuse of dominant market positions by companies. Invitation to Tender documentation is available via the Department of Health’s online tendering portal BMS, details of how to obtain the tender documents are provided in section VI.3 of this notice.
The procurement will relate to legal services within the meaning of Schedule 3 of the Public Contracts
Regulations 2015.
Given that the procurement process will relate to ‘social and other specific services’ only, it will be subject to limited regulation and accordingly will be conducted in accordance with Regulations 74 to 76 of the Public Contracts Regulations 2015. Any references to fully regulated processes or requirements are for ease of reference only and should not be taken as recognition or acceptance that the same apply to the procurement.

II.1.6)Common procurement vocabulary (CPV)

79100000, 79311400, 79111000, 79112000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

3 year term with 2 consecutive optional extensions of 1-year (3y+1y+1y).
Procurement made under the Light Touch Regime (LTR).
Estimated value excluding VAT:
Range: between 6 500 000 and 10 000 000 EUR

II.2.2)Information about options

Options: yes
Description of these options: 3 year term with 2 optional consecutive optional extensions of 1-year (3y+1y+1y).
Procurement made under the Light Touch Regime (LTR).
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)

II.2.3)Information about renewals

This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

Details are provided in the Instruction documents issued as part of the Invitation to Tender (ITT) pack.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Details are provided in the Instruction documents issued as part of the Invitation to Tender (ITT) pack.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

All participants must provide a current Solicitors Regulation Authority Number (or equivalent). All participants must provide the information requested for technical and professional ability as set out in the Invitation to Tender (ITT). Details are provided in the Instruction documents issued as part of the Invitation to Tender (ITT) pack.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation

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: All participants must provide the information requested for technical and professional ability as set out in the Invitation to Tender (ITT). Details are provided in the Instruction documents issued as part of the Invitation to Tender (ITT) pack.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: We will exclude Potential Providers where there is a high risk of:
Insolvency over the lifetime of the contract.
Inability to cope with the contract size.
Insufficient financial capacity to deliver the services effectively.
You will be awarded a pass in this section if you meet these requirements:
Your turnover for each of the last two years must be greater than or equal to 3 200 000 GBP
You must have a current ratio (current assets/current liabilities as referenced in the last audited accounts) greater than or equal to 1
Where these requirements are not met (or where information is not available), we may seek further information including unaudited accounts, management accounts, cash-flow statements and any other appropriate documentation.
An assessment will be made using all available information, including financial accounts submitted, established indicators of risk and financial strength through Dunn & Bradstreet (or equivalent), financial value and nature of the project.
We may (at our sole discretion) award a pass mark where Potential Providers can provide a guarantee of performance and financial standing through a parent company guarantee from the ultimate asset-owning parent and/or a performance bond.
Only in the event material concerns may not be rectified will Potential Providers receive a Fail.
Minimum level(s) of standards possibly required: Your turnover for each of the last two years must be greater than or equal to 3 200 000 GBP

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
All participants must provide the information requested for technical and professional ability as set out in the Invitation to Tender (ITT). Details are provided in the Instruction documents issued as part of the Invitation to Tender (ITT) pack.
Minimum level(s) of standards possibly required:
All participants must provide the information requested for technical and professional ability as set out in the Invitation to Tender (ITT). Details are provided in the Instruction documents issued as part of the Invitation to Tender (ITT) pack.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

ITT 60357 ‘Civil Litigation Arbitration Mediation in Pharmaceutics LTR Framework’

IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2016/S 249-459737 of 24.12.2016

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 3.3.2017 – 10:00
Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

6.3.2017 – 11:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 3 (from the date stated for receipt of tender)

IV.3.8)Conditions for opening of tenders

Date: 6.3.2017 – 11:01

Place:

Electronically, via web-based portal.

Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information

This procurement exercise will be conducted via the DH’s e-Tendering portal. We call this system BMS (Business Management System). Applicants wishing to be considered for The Civil Litigation Arbitration and Mediation in Pharmaceutics must register their details and download and complete the Invitation to Tender (ITT) documents and submit their response via BMS. The following link will take you to the guidance documentation for using the BMS i.e. to register and download instructions on how to respond.

https://www.gov.uk/government/organisations/department-of-ealth/about/procurement

If you require assistance, please contact the Supplier Helpdesk on +44 1132545777 orsupplier.helpdesk@dh.gsi.gov.uk This helpdesk is available 10:00 to 16:00, Monday to Friday excluding Bank Holidays.

Registration is a simple 1-step process; supplier must register as a company/organisation; then each employee who may undertake a tendering exercise must then register as an individual. Once this stage is completed, it is then possible to register an expression of interest for this tender. Note: Standard BMS functionality will only acknowledge one recipient per supplier for each individual tender. If you require the tender to be seen by multiple users we suggest using a centralised e-mail address (dhtenders@example.com).

Log on instructions are as follows:
Stage 1 — Registration (New suppliers):
Those who have not previously contracted with DH will first need to ensure that their company details are registered in the system:
a) Go to the link above;
b) Click on ‘New Supplier’;
c) Complete and send the details in the automated e-mail that appears;
d) Within 3 working days, you will receive an e-mail with your login information; a unique username and password.
Note: Standard BMS functionality requires the registered e-mail address to function as individual’s username.
Stage 2 — Post Registration (those already registered):
Once registered, candidates must express interest as follows:
a) Go to the link above;
b) Select ‘Login into e-Tendering System’;
c) Select sourcing home page and enter Invitation to Tender (ITT) number (ITT 60357 ‘CLAMP’) (as given in IV.3.1) above) in search field provided.

If you are not already registered on BMS, whilst you do so, you will be able to download all the Invitation to Tender (ITT) documents from Contracts Finder, by copy and paste into your browser or clicking on the following link: https://www.contractsfinder.service.gov.uk/Search

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

High Court
WC2A 2LL London
United Kingdom

Body responsible for mediation procedures

High Court
WC2A 2LL London
United Kingdom

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: If you have a complaint or seek to challenge the outcome, please follow the guidance contained within the Invitation to Tender (ITT) documentation.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

3.2.2017

 

Related Posts

Intellectual Property Services Framework – University of Glasgow

West Yorkshire Legal Services Framework

Provide Legal Support Services to Ebbsfleet Development Corporation

Provide Legal Services to South Downs National Park Authority

Enjoyed this post? Share it!