Legal Services Tender OFGEM

Legal Services Tender OFGEM

Framework for the provision of legal services to the Gas and Electricity Markets Authority.

UK-London: legal services

2012/S 147-246118

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Ofgem
9 Millbank, Westminster
Contact point(s): Procurement Dept
For the attention of: Gareth Morris
SW1P 3GE London
UNITED KINGDOM
Telephone: +44 2079017000
E-mail: gareth.morris@ofgem.gov.uk

Internet address(es):

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

Address of the buyer profile: http://www.mytenders.org/search/Search_AuthProfile.aspx?ID=AA10021

Further information can be obtained from: Ofgem
9 Millbank, Westminster
Contact point(s): Procurement
For the attention of: Gareth Morris
SW1P 3GE London
UNITED KINGDOM
Telephone: +44 2079017000
E-mail: gareth.morris@ofgem.gov.uk
Internet address: http://www.ofgem.gov.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Ofgem
9 Millbank, Westminster
Contact point(s): Procurement
For the attention of: Geoff Hopper
SW1P 3GE London
UNITED KINGDOM
Telephone: +44 2079017000
E-mail: geoff.hopper@ofgem.gov.uk
Internet address: http://www.ofgem.gov.uk

Tenders or requests to participate must be sent to: Ofgem
9 Millbank
For the attention of: Procurement Dept – via the myTenders ePortal
SW1P 3GE London
UNITED KINGDOM
Telephone: +44 2079017000
Internet address: http://www.ofgem.gov.uk

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
General public services
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:
Framework for the provision of legal services to the Gas & Electricity Markets Authority.
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: London & Glasgow in the 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: 10
Duration of the framework agreement

Duration in years: 2
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 0 and 3 000 000 GBP
Frequency and value of the contracts to be awarded: Contracts will be awarded on a call-off basis and the Authority provides no guarantee as to volume, frequency or value.

II.1.5)Short description of the contract or purchase(s)
To provide legal services to the Authority in respect of its work in relation to environmental and fuel poverty reduction programmes, the Offshore transmission programme and related matters and the Authority’s other regulatory and administrative functions.
Examples of schemes currently being administered by the Authority through E-Serve include:
— Renewable Heat Incentive (RHI),
— Feed-in-Tariffs (FITs),
— Climate Change Levy (CCL),
— Renewable Obligation Order (RO),
— Warm Home Discount Scheme,
— Carbon Emission Reduction Target (CERT) and Community Energy Saving Programme (CESP),
— Offshore Transmission Programme and related matters.
Please note that this is not an exhaustive list and may be subject to reviews which may increase or decrease the numbers of the schemes (for example, it is anticipated that the Authority will commence administration of Energy Company Obligation (ECO) in Autumn 2012 subject to the relevant the Order being made).
We also are likely to require legal advice on a number of aspects associated with this work including:
— Energy Regulation (including relevant legislation, licences and codes),
— EU Law,
— Public Law,
— Contract law,
— Procurement,
— Competition law,
— Planning,
— Data Protection/FOI,
— IT,
— IP,
— Tax.
In addition, Suppliers may be required to provide discrete pieces of legal advice including advice in relation to the Authority’s regulatory and statutory duties, its administrative functions, and challenge risk and mitigation.
Note: To register your interest in this notice and obtain any additional information please visit the myTenders Web Site at http://www.myTenders.org/Search/Search_Switch.aspx?ID=91195.

The awarding authority has indicated that it will accept electronic responses to this notice via a ‘Tender Submission Postbox’ facility. Further details of this facility are available at http://www.myTenders.org/PostBox/Postbox_Explain.aspx?ID=91195.

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. The postbox closes precisely at the time stated.

II.1.6)Common procurement vocabulary (CPV)

79100000

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:
To provide legal services to the Authority in respect of its work in relation to environmental and fuel poverty reduction programmes, the Offshore transmission programme and related matters and the Authority’s other regulatory and administrative functions.
Examples of schemes currently being administered by the Authority through E-Serve include:
— Renewable Heat Incentive (RHI),
— Feed-in-Tariffs (FITs),
— Climate Change Levy (CCL),
— Renewable Obligation Order (RO),
— Warm Home Discount Scheme,
— Carbon Emission Reduction Target (CERT) and Community Energy Saving Programme (CESP),
— Offshore Transmission Programme and related matters.
Please note that this is not an exhaustive list and may be subject to reviews which may increase or decrease the numbers of the schemes (for example, it is anticipated that the Authority will commence administration of Energy Company Obligation (ECO) in Autumn 2012 subject to the relevant the Order being made).
We also are likely to require legal advice on a number of aspects associated with this work including:
— Energy Regulation (including relevant legislation, licences and codes),
— EU Law,
— Public Law,
— Contract law,
— Procurement,
— Competition law,
— Planning,
— Data Protection/FOI,
— IT,
— IP,
— Tax.
In addition, Suppliers may be required to provide discrete pieces of legal advice including advice in relation to the Authority’s regulatory and statutory duties, its administrative functions, and challenge risk and mitigation.
Estimated value excluding VAT:
Range: between 0 and 3 000 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: Option to extend initial framework agreement by a further 2 years.
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 24 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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
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) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(6) 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.
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established.
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(2) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Suppliers are required to provide information in respect of their technical capacity as stated in the Pre-Qualification Questionnaire.
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: yes
Reference to the relevant law, regulation or administrative provision: Legal profession.
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: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Accelerated restricted
Justification for the choice of accelerated procedure: The Contracting Authority raised a PIN on 8th June 2012. This requirement is urgent owing to the expiry of current contracts for legal services in November 2012 and the need to ensure seamless transition to a new framework arrangement and continued legal support to the Authority’s ongoing work.
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 5
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:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2012/S 111-184434 of 8.6.2012

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
21.8.2012 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
31.8.2012
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 tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
VI.3)Additional information
The Authority has bespoke requirements for legal services in respect of the environmental and offshore programmes which it statutorily administers and is seeking to put in place a Framework Agreement with suppliers to meet these requirements.
The intention of this procurement exercise is to put in place a framework to meet the Authority’s need for legal services. The successful tenderer(s) will be required to provide legal support to the projects undertaken by Ofgem in connection with one or more of the areas of work outlined in Appendix A (of the PQQ document) during the Framework Period.
In addition, legal advisers may be required to provide discrete pieces of legal advice including advice in relation to the Authority’s other regulatory and statutory duties, its administrative functions, and challenge risk and mitigation.
Suppliers bidding will be assessed on their specialist capability in their chosen area and will need to demonstrate in-depth knowledge of their chosen specialist field.
Services will be provided on a call off basis, as and when required by the Authority. No guarantee relating to volumes of work can be given under any resulting Framework Agreement.
The intention is to award a two-year framework agreement with an option to extend by upto a further two years.
The PQQ document is available to be downloaded via the myTenders ePortal.
(MT Ref:91195).
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:30.7.2012

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