Legal Services by Solicitors Framework

Legal Services by Solicitors Framework

Tenderers are invited to bid to become a member of a panel of legal advisers, each appointed under a Framework Agreement. 11 subject areas.

United Kingdom-Caerphilly: Legal services

2015/S 067-119926

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

The Welsh Ministers (National Procurement Service)
T’yr Afon, Bedwas Road
Contact point(s): Professional Services Category
CF83 8WT Caerphilly
UNITED KINGDOM
Telephone: +44 1443663871
E-mail: npsprofessionalservices@wales.gsi.gov.uk

Internet address(es):

General address of the contracting authority: http://npswales.gov.uk

Address of the buyer profile: http://www.sell2wales.gov.uk/search/Search_AuthProfile.aspx?ID=AA27760

Electronic access to information: http://www.etenderwales.bravosolution.co.uk/

Electronic submission of tenders and requests to participate: http://www.etenderwales.bravosolution.co.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

Body governed by public law

I.3)Main activity

General public services
Public order and safety
Environment
Economic and financial affairs
Health
Housing and community amenities
Social protection
Recreation, culture and religion
Education

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

The contracting authority is purchasing on behalf of other contracting authorities: yes

The framework will be available to use by NPS member organisationshttp://npswales.gov.uk/about-us/customer-member-organisations?lang=en. In addition the framework can also be used by Welsh Public sector organisations identified within the Invitation to Tender (ITT) documents

Section II: Object of the contract

II.1)Description

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

NPS Legal Services by Solicitors 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: Across Wales.

NUTS code UKL

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: 141

Duration of the framework agreement

Duration in months: 48

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

Estimated value excluding VAT:
Range: between 60 000 000 and 100 000 000 GBP

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

This procurement exercise is being conducted by the National Procurement Service for Wales (NPS), which is hosted by the Welsh Government. NPS acts on behalf of the Welsh public sector to deliver value for money from the procurement of common and repetitive goods and services ‘once for Wales’.
The NPS on behalf of the Welsh public sector wishes to establish a Framework Agreement for the provision of Solicitors’ legal services.
Tenderers are invited to bid to become a member of a panel of legal advisers, each appointed under a Framework Agreement. Arrangements will comprise the following subject area packages:
1. Civil Litigation
2. Criminal Litigation
3. Corporate Governance and Ethical Standards
4. Employment Law
5. Major IT and Commercial Contracts
6. Planning and Environmental Law
7. Property
8. Adult Social Services Law
9. Child Social Services Law
10. Education Law
11. Specialist Welsh & UK Higher Education Advice for the Higher Education Funding Council for Wales (HEFCW)
The list of organisations that are eligible to utilise the Framework Agreement can be located under section 3 of the Specification.

NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site athttp://www.sell2wales.gov.uk/Search/Search_Switch.aspx?ID=24815

II.1.6)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

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: yes
Tenders may be submitted for one or more lots

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:

The range of services covered by the framework are described within Annex B – Information About Lots.
The framework will be let for a period of 48 months with the option to implement a break clause after 24 months and 36 months as described within the ITT documentation.
Estimated value excluding VAT:
Range: between 60 000 000 and 100 000 000 GBP

II.2.2)Information about options

Options: no

II.2.3)Information about renewals

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

Information about lots

Lot No: 2Lot title: Criminal Litigation

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Magistrates Proceedings (Claimant and Defendant)
– Crown Court Proceedings (Claimant and Defendant)
– Judicial Review Proceedings
– Magistrate Court Civil Actions
– Magistrates Prosecutions
– Enforcement Proceedings
– Injunctions
– Health and Safety Prosecutions
– Food Prosecutions
– Trading Standard Prosecutions
– Planning Prosecutions
– Planning Public Enquiries / Appeals
– Fraud Prosecutions.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 5Lot title: Major IT and Commercial Contracts

1)Short description

The provision of legal advice and associated guidance.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– EU Procurement Advice
– IT Contracts and Advice on Procurement
– Building Contracts
– Engineering Contracts Services
– Contracts
– Performance Bonds
– Guarantees
– Service Level Agreements
– Commercial Agreements
– Entertainment Agreements
– Contract and IP Disputes
– Waste Management
– State Aid
– Charities
– Company Law including Formation of Companies
– Partnership / Multi Agency Agreements
– PFI Agreements
– Funding Agreements
– Trust Agreements
– Charities
– School Construction Agreements
– Joint Venture Agreements.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 6Lot title: Planning and Environmental Law

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Planning and Environmental Law Advice
– Advice on Determination of Planning Applications
– Consents and Conditions
– Section 106 Agreements
– Planning Public Enquiries / Appeals
– Planning Prosecutions
– Planning Enforcement
– Contaminated Land
– Building Regulations
– Judicial Review Proceedings
– Rights of Way
– Drainage
– Commons & Village Greens
– Highway Advice
– Flooding Advice
– Parliamentary Agents Services (including legislative drafting and advice on vires).
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 1Lot title: Civil Litigation

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– County Court Proceedings (Claimant and Defendant)
– High Court Proceedings (Claimant and Defendant)
– Judicial Review Proceedings
– Magistrate Court Civil Actions
– Licensing Proceedings / Appeals
– Possession Proceedings
– Anti Social Behaviour Orders
– Enforcement Proceedings
– Bankruptcy and Insolvency Proceedings
– Housing Disrepair Claims
– Injunctions
– Planning Public Enquiries / Appeals
– Personal Injury
– Housing Law
– Licensing Law
– Travellers.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales Zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 11Lot title: Specialist Welsh & UK Higher Education Advice for the Higher Education Funding Council for Wales (HEFCW)

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Interpretation of Higher Education legislation as it affects HEFCW, HE Providers and the Higher Education Sector in Wales
– Welsh Government Higher Education (Wales) Act 2015 – to include advice relating to Financial Memorandum requirements, Fee Plans and Quality Assurance
– 1992 Further Education/Higher Education Act, Education Act 2005, and other related HE legislation
– Institutional Risk Assessment
– Charity Commission role for higher education in Wales
– Governance at higher education institutions.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area package will be let on the basis of one zone to cover all Wales.
There will be one supplier appointed.

Lot No: 3Lot title: Corporate Governance and Ethical Standards

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Monitoring Officers Support
– Advice to Standards Committee
– Investigations
– Advice on Council Constitutions and Governance Issues
– Ombudsman Complaints
– Freedom of Information and Data Protection
– Local Authority Powers and Vires
– General Local Authority Law.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 4Lot title: Employment Law

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– General Advice
– Contract Formation
– Secondment Agreements
– Discrimination Law
– Equal Pay
– Pensions
– Advice on Legislative Changes TUPE
– Grievance Handling
– Dismissal Procedures
– Dispute Resolution
– Compromise Agreements
– Tribunal Work
– School Employment Law
– Other Payroll / HR Matters
– Police Authority Work
– Senior Officer Complaints Police Staff Appeals.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 7Lot title: Property

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Sales of Commercial Land and Property
– Purchase of Commercial Land and Property
– Lease of Commercial Land and Property
– Compulsory Purchase Orders and Inquiries
– Development Agreements
– Section 106 Agreements
– Commercial Leases
– Redevelopment Project Agreements
– Licences and Concession Agreements
– Agriculture Agreements
– Highway Agreements
– Rent Review and Associated Proceedings
– Road Adoption Agreements
– Conveyancing Ancillary Documents / Agreements
– Sale of Land and Property
– Purchase of Land and Property
– Lease of Land and Property
– Legal Charges
– Shared Ownership
– Land Tribunal
– Compulsory Purchase Orders and Public Inquiries
– Allotment Agreements
– Right to Buy Disposals
– Commons and Village Greens
– Land Charges
– Housing Law.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 8Lot title: Adult Social Services Law

1)Short description

The provision of legal advice and associated guidance.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Legal Advice to Social Work Teams
– Advice relating to Health and Social Care including Mental Health, Community Care, Residential Care, Older People, People with Disability, Elderly Mentally Inform and all other aspects of Social Care
– Proceedings relating to Health and Social Care matters
– Public Interest Immunity issues including attendance at Court
– Advice and Conduct of Proceedings relating to Judicial Review
– Court of Protection.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 9Lot title: Child Social Services Law

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Public Interest Immunity issues including attendance at Court
– Advice and Conduct of Proceedings relating to Judicial Review
– Legal Advice to Social Work Teams
– Children Act Proceedings in all Courts
– Adoption and Children Act proceedings in all Courts
– Fostering and Adoption Advice.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Lot No: 10Lot title: Education Law

1)Short description

The provision of legal advice and associated services.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

Within this subject area legal advice and services may be required in relation to, but not restricted to:
– Advice to LEA’s and Schools
– Special Needs Tribunals
– School Appeals Panels
– Legal Advice on School Governance
– School Attendance Prosecutions
– School re-organisations
– Public Interest Immunity issues including attendance at Court
– Advice and Conduct of proceedings relating to Judicial Review
– Advice on Legislation to Universities and Further Education Colleges
– Advice on University and Further Education College Governance
– Advice on Further Education student complaints
– Policy Advice.
4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

This subject area will be split into North and South Wales zones.
A maximum of 7 suppliers will be awarded a place within each zone.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

As set out in the Invitation to Tender (ITT).
The awarding authority reserves the right to request parent company and/or other guarantees of performance and financial liability.

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

As set out in the Invitation to Tender (ITT).
Payment terms will be indicated in the contract documents. Tenders to be priced in Sterling. Payment to be made in Sterling only.

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

None specified. Save that in the case of a partnership or consortium or other group of more that one legal entity bidding together, the contract will be with either (1) all bidders on the basis of joint and several liability, or (2) with one or more of the parties acting as ‘prime contractor’ (and where more than one, on a joint and several liability basis). Where the contract is with a special purpose company with separate legal personality established for the project, the contracting authority will require sufficient guarantees to be given by participants in that company or their parents.

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: (1) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please see information contained within the ITT.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Please see information contained within the ITT.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

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:

NPS-PS0001-14

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

Prior information notice

Notice number in the OJEU: 2014/S 91-159654 of 13.5.2014

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

5.5.2015 – 14:00
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
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: Between 24 – 48 months.
VI.2)Information about European Union funds

VI.3)Additional information

The Invitation to Tender (ITT) documentation can be accessed via https://etenderwales.bravosolution.co.uk

– The first person from your Organisation to use the Platform will be required to register on behalf of the Organisation.
– Registration involves accepting a User Agreement, and providing basic information about your Organisation and about the User performing the Registration.
– The User who performs the Registration becomes the Super User for the Organisation.
– On registering on the Platform the Super User will select a username and will receive a password.
– The Password will be sent by e-mail to the e-mail address that was specified in the User Details section of the Registration page.
– In order to log-in to the Platform please enter your Username and Password.
– Note: If you forget your Password then visit the homepage and click “Forgot your password?”
– Registration should only be performed once for each Organisation.
– If you think that someone in your Organisation may have already registered on this Platform then you must not register again.
– Please contact the person who Registered (i.e. the Super User) in order to arrange access to the Platform.
– Contact the Helpdesk immediately if you are unable to contact the Super User (for example if they have left your Organisation).
HOW TO FIND THE ITT:
– Once logged in you must click on ‘ITTs Open to all Suppliers’.
– The etender references for this framework are:
Project:28650
MANDATORY ITTs
The following ITTs must be completed by ALL Tenderers:
itt_45061 – Qualification questionnaire
itt_45284 – Generic Technical questionnaire
ITT’s SPECIFIC TO EACH SUBJECT AREA
The following ITTs must be completed by Tenderers wishing to bid for each subject area:
itt_45484 – Civil Litigation Technical questionnaire
itt_45489 – Criminal Litigation Technical questionnaire
itt_45490 – Corporate Governance & Ethical Standards
itt_45492 – Education Law
itt_45493 – Employment Law
itt_45494 – Major IT & Commercial Contracts
itt_45495 – Planning & Environmental Law
itt_45497 – Property
itt_45498 – Social Services (Adult)
itt_45617 – Social Services (Child)
itt_45618 – Specialist Welsh and UK Higher Education advice for the Higher Education Funding Council for Wales (HEFCW)
– Click on the title to access summary details of the ITT. If you are still interested in submitting a tender, click the ‘Express an Interest button’. This will move the ITT from the ‘Open to all Suppliers’ area to the ‘My ITT’s’ on the home page.
– You will then see the full details of the ITT in the qualification and technical envelopes along with any relevant documents in the ‘Attachments’ area.

If you have any queries regarding the requirements please message using the e-tenderwales message portal. If you are seeking help on using the etenderwales system please email the bravo solutions helpdesk at help@bravosolution.co.uk or 0800 3684852

If you require the documentation in an alternative format, please use the ‘Messages’ area to contact the buyer directly, who will be able to provide a more suitable format. For example, Braille, Large Print, Word Document or Audio format.
(WA Ref:21030)
The Welsh Ministers (NPS) will not be liable for any bidder costs arising from the non award of this framework.
(WA Ref:24815)
Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:
Details about Community Benefits can be found in the ITT documentation.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

30.3.2015

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