Legal Services Framework for Caledonia Housing Association

Legal Services Framework for Caledonia Housing Association

Legal Services Framework Agreement for a Registered Social Landlord encompassing Incorporated HA’s.

United Kingdom-Perth: Legal advisory and representation services

2017/S 194-398457

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Caledonia Housing Association
5 South St John’s Place
Perth
PH1 5SU
United Kingdom
Telephone: +44 8006781228
E-mail: gavin.high@caledoniaha.co.uk
NUTS code: UKM5
I.2)Joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: www.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: www.publiccontractsscotland.gov.uk
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: www.publiccontractsscotland.gov.uk

I.4)Type of the contracting authority

Body governed by public law

I.5)Main activity

Housing and community amenities

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Provision of Legal Services Framework.

Reference number: CAL/GH/LEGAL /001

II.1.2)Main CPV code

79110000

II.1.3)Type of contract

Services

II.1.4)Short description:

Legal Services Framework Agreement for a Registered Social Landlord encompassing Incorporated HA’s.

II.1.5)Estimated total value

Value excluding VAT: 860 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description

II.2.1)Title:

Conveyancing and related Issues

Lot No: 2

II.2.2)Additional CPV code(s)

79110000
79140000

II.2.3)Place of performance

NUTS code: UKM5
Main site or place of performance:

Perth.

II.2.4)Description of the procurement:

Conveyancing work and advice in dealing with related issues.

Transfer of new build housing developments to other housing providers.

Sale of properties through LIFT and MMR and other relevant Scheme.

Agreements relevant to disposals.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 80 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

May be extended for a further 1-year period.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Objective criteria for choosing the limited number of candidates:

The Procurement is a 2-stage Restricted Procedure.

All Bidders must be compliant with the minimum standard requirements of the ESPD.

Further Information can be found within sections III.1.1, III.1.2 and III.1.3 of this Contract Notice.

Part III. and Section B of Part IV will be scored on a pass/fail basis, and responses provided for Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

Excellent 5 Excellent level of relevant information with no information missing. Excellent level of confidence in the robustness of the answer to the question with no reservations. Excellent prospect of delivering on stated outcomes and adding value and efficiencies with no reservations. Overall excellent answer which gives no cause for concern.

Good 4 Very good level of relevant information provided with little information missing. Very good level of confidence in the robustness of the answer to the question with few reservations. Very good chance of delivering the outputs stated and delivering efficiencies. Overall a very good response which gives little cause for concern.

Satisfactory 3 Satisfactory level of relevant information provided. Reasonable level of confidence in the robustness of the answer to the question. Answer will deliver the outputs stated but some reservations. Overall a reasonable response but which raises some concerns.

Poor 2 Poor information provided below level expected. Some confidence in the robustness of the answer to the question. Answer has a chance of delivering the outputs stated. Overall a poor response which raises some concerns.

Unsatisfactory 1 Unsatisfactory little relevant information provided. Very little confidence in the robustness of the answer to the question. Answer has very little prospect of delivering the outputs stated. Overall an unsatisfactory response which causes significant degree of concern.

Bidders responses to Section III of the contract notice have a weighting of 4C1.2:80 % 4C6:20 %.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

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

II.2.14)Additional information

Any bidder who is not compliant with Regulation 58 of the Public Contracts (Scotland) Regulations 2015 may be excluded from participation.

II.2)Description

II.2.1)Title:

Employment Law

Lot No: 3

II.2.2)Additional CPV code(s)

79110000
79140000

II.2.3)Place of performance

NUTS code: UKM5
Main site or place of performance:

Perth.

II.2.4)Description of the procurement:

Advice re compliance of employment policies and practices, TUPE; Dispute resolution; Grievance and disciplinary issues, Pensions, and Settlement Agreements, Case law and good practice.

Work relating to Employment Tribunals and Employment Appeals Tribunals.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 80 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

May be extended for a further 1-year period.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Objective criteria for choosing the limited number of candidates:

The Procurement is a 2-stage Restricted Procedure.

All Bidders must be compliant with the minimum standard requirements of the ESPD.

Further Information can be found within sections III.1.1, III.1.2 and III.1.3 of this Contract Notice.

Part III. and Section B of Part IV will be scored on a pass/fail basis, and responses provided for Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

Excellent 5 Excellent level of relevant information with no information missing. Excellent level of confidence in the robustness of the answer to the question with no reservations. Excellent prospect of delivering on stated outcomes and adding value and efficiencies with no reservations. Overall excellent answer which gives no cause for concern.

Good 4 Very good level of relevant information provided with little information missing. Very good level of confidence in the robustness of the answer to the question with few reservations. Very good chance of delivering the outputs stated and delivering efficiencies. Overall a very good response which gives little cause for concern.

Satisfactory 3 Satisfactory level of relevant information provided. Reasonable level of confidence in the robustness of the answer to the question. Answer will deliver the outputs stated but some reservations. Overall a reasonable response but which raises some concerns.

Poor 2 Poor information provided below level expected. Some confidence in the robustness of the answer to the question. Answer has a chance of delivering the outputs stated. Overall a poor response which raises some concerns.

Unsatisfactory 1 Unsatisfactory little relevant information provided. Very little confidence in the robustness of the answer to the question. Answer has very little prospect of delivering the outputs stated. Overall an unsatisfactory response which causes significant degree of concern.

Bidders responses to Section III of the contract notice have a weighting of 4C1.2:80 % 4C6:20 %.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

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

II.2.14)Additional information

Any bidder who is not compliant with Regulation 58 of the Public Contracts (Scotland) Regulations 2015 may be excluded from participation.

II.2)Description

II.2.1)Title:

Finance Management and Governance Issues

Lot No: 4

II.2.2)Additional CPV code(s)

79110000
79140000

II.2.3)Place of performance

NUTS code: UKM5
Main site or place of performance:

Perth.

II.2.4)Description of the procurement:

Advice relating to Governance issues, including changes in status, structure, legislation and guidance notes.

Subsidiary advice on Group Structure and Company Legislation.

Advice on related matters and issues, including alternative funding / finance.

Production and assistance with regards to financial legal paperwork for large loans with lenders and with regards to financial legal paperwork to re-finance loans with lenders.

Standard Security work.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 160 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

May be extended for a further 1-year period.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Objective criteria for choosing the limited number of candidates:

The Procurement is a two stage Restricted Procedure.

All Bidders must be compliant with the minimum standard requirements of the ESPD.

Further Information can be found within sections III.1.1, III.1.2 and III.1.3 of this Contract Notice.

Part III. and Section B of Part IV will be scored on a pass/fail basis, and responses provided for Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

Excellent 5 Excellent level of relevant information with no information missing. Excellent level of confidence in the robustness of the answer to the question with no reservations. Excellent prospect of delivering on stated outcomes and adding value and efficiencies with no reservations. Overall excellent answer which gives no cause for concern.

Good 4 Very good level of relevant information provided with little information missing. Very good level of confidence in the robustness of the answer to the question with few reservations. Very good chance of delivering the outputs stated and delivering efficiencies. Overall a very good response which gives little cause for concern.

Satisfactory 3 Satisfactory level of relevant information provided. Reasonable level of confidence in the robustness of the answer to the question. Answer will deliver the outputs stated but some reservations. Overall a reasonable response but which raises some concerns.

Poor 2 Poor information provided below level expected. Some confidence in the robustness of the answer to the question. Answer has a chance of delivering the outputs stated. Overall a poor response which raises some concerns.

Unsatisfactory 1 Unsatisfactory little relevant information provided. Very little confidence in the robustness of the answer to the question. Answer has very little prospect of delivering the outputs stated. Overall an unsatisfactory response which causes significant degree of concern.

Bidders responses to Section III of the contract notice have a weighting of 4C1.2:80 % 4C6:20 %.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

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

II.2.14)Additional information

Any bidder who is not compliant with Regulation 58 of the Public Contracts (Scotland) Regulations 2015 may be excluded from participation.

II.2)Description

II.2.1)Title:

Housing & Estate Management

Lot No: 5

II.2.2)Additional CPV code(s)

79110000
79140000

II.2.3)Place of performance

NUTS code: UKM5
Main site or place of performance:

Perth.

II.2.4)Description of the procurement:

Advice and work on related matters, including Breach of Tenancy, legal access to properties, Housing Management policies, Alternative Tenures/Models.

Advice on Complaints management involving bodies such as SPSO, HOHP, PRHP etc.

Court work, including raising court actions for tenancy breach and defending actions raised against Caledonia or Caledonia employees.

Income recovery (inc. both current and former tenant rent arrears, recharges and any other debt owed to the Association).

Court work, including raising court actions for tenancy breach and defending actions raised against Caledonia or Caledonia employees.

Guidance on the legislation on the private rented sector.

Pursuing court actions raised by the Association against third parties.

Preparation of Leases / Management Agreements.

Factoring.

Delivery of notices and other legal documents

Management of Sheriff Officers (As Required).

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 340 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

May be extended for a further 1-year period.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Objective criteria for choosing the limited number of candidates:

The Procurement is a 2-stage Restricted Procedure.

All Bidders must be compliant with the minimum standard requirements of the ESPD.

Bidders responses to Section III of the contract notice have a weighting of 4C1.2:80 % 4C6:20 %

Further Information can be found within sections III.1.1, III.1.2 and III.1.3 of this Contract Notice.

Part III. and Section B of Part IV will be scored on a pass/fail basis, and responses provided for Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

Excellent 5 Excellent level of relevant information with no information missing. Excellent level of confidence in the robustness of the answer to the question with no reservations. Excellent prospect of delivering on stated outcomes and adding value and efficiencies with no reservations. Overall excellent answer which gives no cause for concern.

Good 4 Very good level of relevant information provided with little information missing. Very good level of confidence in the robustness of the answer to the question with few reservations. Very good chance of delivering the outputs stated and delivering efficiencies. Overall a very good response which gives little cause for concern.

Satisfactory 3 Satisfactory level of relevant information provided. Reasonable level of confidence in the robustness of the answer to the question. Answer will deliver the outputs stated but some reservations. Overall a reasonable response but which raises some concerns.

Poor 2 Poor information provided below level expected. Some confidence in the robustness of the answer to the question. Answer has a chance of delivering the outputs stated. Overall a poor response which raises some concerns.

Unsatisfactory 1 Unsatisfactory little relevant information provided. Very little confidence in the robustness of the answer to the question. Answer has very little prospect of delivering the outputs stated. Overall an unsatisfactory response which causes significant degree of concern.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

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

II.2.14)Additional information

Any bidder who is not compliant with Regulation 58 of the Public Contracts (Scotland) Regulations 2015 may be excluded from participation.

II.2)Description

II.2.1)Title:

General Legal, Contractual and Procurement

Lot No: 1

II.2.2)Additional CPV code(s)

79112000
79140000

II.2.3)Place of performance

NUTS code: UKM77
Main site or place of performance:

Perth.

II.2.4)Description of the procurement:

The provision of general legal advice relating to services provided by Registered Social Landlords but not covered within the specialist lots.

Work and advice related to procurement and contractual issues.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 200 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

May be extended for a further 1-year period.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 5
Objective criteria for choosing the limited number of candidates:

The Procurement is a 2-stage Restricted Procedure.

All Bidders must be compliant with the minimum standard requirements of the ESPD.

Further Information can be found within sections III.1.1, III.1.2 and III.1.3 of this Contract Notice.

Part III. and Section B of Part IV will be scored on a pass/fail basis, and responses provided for Section C of Part IV of the ESPD (Scotland) will be scored in the following way:

Excellent 5 Excellent level of relevant information with no information missing. Excellent level of confidence in the robustness of the answer to the question with no reservations. Excellent prospect of delivering on stated outcomes and adding value and efficiencies with no reservations. Overall excellent answer which gives no cause for concern.

Good 4 Very good level of relevant information provided with little information missing. Very good level of confidence in the robustness of the answer to the question with few reservations. Very good chance of delivering the outputs stated and delivering efficiencies. Overall a very good response which gives little cause for concern.

Satisfactory 3 Satisfactory level of relevant information provided. Reasonable level of confidence in the robustness of the answer to the question. Answer will deliver the outputs stated but some reservations. Overall a reasonable response but which raises some concerns.

Poor 2 Poor information provided below level expected. Some confidence in the robustness of the answer to the question. Answer has a chance of delivering the outputs stated. Overall a poor response which raises some concerns.

Unsatisfactory 1 Unsatisfactory little relevant information provided. Very little confidence in the robustness of the answer to the question. Answer has very little prospect of delivering the outputs stated. Overall an unsatisfactory response which causes significant degree of concern.

Bidders responses to Section III of the contract notice have a weighting of 4C1.2:80 % 4C6:20 %.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

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

II.2.14)Additional information

Any bidder who is not compliant with Regulation 58 of the Public Contracts (Scotland) Regulations 2015 may be excluded from participation.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation

III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

List and brief description of conditions:

Question 4.2 ESPD Bidders are required to be regulated and /or authorised (as appropriate) to practice law by the relevant professional regulatory body or bodies in the jurisdiction(s) in which they practice.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

QUESTION 4B 1.2 Bidders who wish to bid for Lot 1 only will be required to have a average yearly turnover of 100 000 GBP per annum for the last 3 trading years.

Bidders who wish to bid for Lot 2 only will be required to have a average yearly turnover of 40 000 GBP per annum for the last 3 trading years.

Bidders who wish to bid for Lot 3 only will be required to have a average yearly turnover of 40 000 GBP per annum for the last 3 trading years.

Bidders who wish to bid for Lot 4 only will be required to have a average yearly turnover of 80 000 GBP per annum for the last 3 trading years.

Bidders who wish to bid for Lot 5 only will be required to have a average yearly turnover of 170 000 GBP per annum for the last 3 trading years.

Bidders applying for multiple lots should accumulate the turnover value shown above for each lot ensuring their turnover meets the accumulated turnover requirement.

Annual accounts will be required as evidence.

Question 4B 1.3 ESPD If the above information is unavailable bidders will be required to provide the date they set up or started trading.

Question 4B 5.1 Bidders must hold or commit to holding the types and levels of insurance indicated below ,prior to the commencement of any subsequently awarded contract.

Employers(Compulsory) Liability Insurance = 10 000 000 GBP Pounds

Public Liability Insurance = 5 000 000 GBP Pounds.

Professional Indemnity Insurance = 5 000 000 GBP Pounds.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

See Below

ESPD Evaluation

ESPD Question 4C 1.2 =80 %

ESPD Question 4C 6 =20 %.

Minimum level(s) of standards possibly required:

Question 4C 1.2 ESPD Bidders are required to provide 4 examples from the last 3 years for each Lot they are applying for that demonstrate they have the relevant experience to deliver the service described in II.2.4 of the OJEU Contract Notice or the appropriate section of the site notice.

Question 4C 6 Individuals delivering services under the Framework must be legally qualified and hold an unrestricted certificate of practice issued by the relevant professional regulatory body (e.g. The Law Society of Scotland) unless otherwise agreed (Paralegals or Trainee Solicitors).

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract

III.2.1)Information about a particular profession

Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision:

Bidders are required to be regulated and / or authorised (as appropriate) to practice law by the relevant professional regulatory body or bodies in the jurisdiction(s) in which they practice.

Unless agreed otherwise (paralegals or trainee solicitors) individuals employed in delivering services under the framework must be legally qualified and hold an unrestricted license to practice issued by the relevant professional regulatory body for example The Law Society for Scotland.

III.2.2)Contract performance conditions:

Refer to the conditions in the draft ITT document attached to the OJEU Contract Notice.

III.2.3)Information about staff responsible for the performance of the contract

Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Restricted procedure

IV.1.3)Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 10
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 07/11/2017
Local time: 12:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

Date: 01/12/2017

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 4 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used

VI.3)Additional information:

1 The draft ITT document contains the full award criteria ratios, questions, weightings and scoring regime.

2 The Portal will close to questions seven days prior to the date for return of ESPDs and a published response provided 3 days prior to the submission of documents. If required the date of submission will be changed to achieve this.

3 To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk

4 The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is also available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx

5 Bidders 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.

Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=512238

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx

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.

Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361

A summary of the expected community benefits has been provided as follows:

The Community Benefits offering from Bidders appointed to the Framework should encompass the following options:

Apprenticeship / Internship opportunities which they could offer.

Support for local projects.

Only bidders who are ranked number 1 in each lot will be required to provide any of the above benefits they offer.

(SC Ref:512238)

Download the ESPD document here: http://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=512238

VI.4)Procedures for review

VI.4.1)Review body

Caledonia Housing Association
5 South St John’s Place
Perth
PH1 5SU
United Kingdom
Telephone: +44 8006781228
E-mail: gavin.high@caledoniaha.co.ukInternet address:www.caledoniaha.co.uk
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

06/10/2017

 

Read More

Barnsley Council Legal Services Framework

Corporate Legal Services Tender 2017

Homes and Communities Agency Legal Services Framework

DfE Due Diligence and Legal Services Suppliers

Tender for Legal Case Management System

Enjoyed this post? Share it!