Legal Tender – Court of Session – Edinburgh Agency Work

Legal Tender – Court of Session – Edinburgh Agency Work

1. Commercial Services — Legal; 2. Community Services — Legal; 3. Licensing Services;
4. Information Management.

United Kingdom-Newtown St Boswells: Legal services

2015/S 198-359639

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Scottish Borders Council
Council Headquarters
Contact point(s): Corporate Procurement Service
TD6 0SA Newtown St Boswells
UNITED KINGDOM
Telephone: +44 1835824000
Fax: +44 1835825150

Internet address(es):

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

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00394

Electronic access to information: http://www.publictendersscotland.publiccontractsscotland.gov.uk/

Electronic submission of tenders and requests to participate: http://www.publictendersscotland.publiccontractsscotland.gov.uk/

Further information can be obtained from: Scottish Borders Council
Council Headquarters
For the attention of: Corporate Procurement Service
TD6 0SA Newtown St Boswells
UNITED KINGDOM
Telephone: +44 1835824000
Fax: +44 1835825150
Internet address: http://www.scotborders.gov.uk

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

Regional or local authority

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:

Court of Session/Edinburgh Agency Work.

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: Scottish Borders.

NUTS code UKM24

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 a single operator

Duration of the framework agreement

Duration in years: 4

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

The Scottish Borders has a population of 112 430. The Legal and Licensing Services Division is part of the Legal and Democratic Services function within the Chief Executive Department of Scottish Borders Council.
The Legal and Licensing Services currently comprises four teams as follows:
1. Commercial Services — Legal;
2. Community Services — Legal;
3. Licensing Services;
4. Information Management.
Currently undergoing a restructure, the team comprises, in addition to the Chief Legal Officer, 3 Managing Solicitors, 6 Solicitors, 1 Trainee Solicitor and 2 Paralegals. The Licensing Team comprises a Team Leader with 2 Licensing Officers, a Licensing Standards Officer and a Civic Government Enforcement Officer. There is, in addition, 6 FTE Support staff across the teams.
All are located at Scottish Borders Council Headquarters in Newtown St Boswells and provide a range of legal services to the Council. The Council requires to appoint Edinburgh agents to represent them in actions in the Court of Session and to the Sheriff Principal.
The work carried out by the incumbent service provider over the last five years has included:
— 3 x Court of Session cases;
— 1 x Appearance in front of Information Rights Tribunal.
Indicative value — the spend on the Contract from July 2011 to March 2015 was 188 800 GBP. It is anticipated that the spend for this Framework Agreement will be 10 000 GBP per annum.
Note: the buyer is using PCS-Tender to carry out this procurement process. Please note this is a separate website and if you are not already registered, registration will be required.

To access PCS-Tender, record your interest in this notice and access the tender documentation please visithttps://www.publictendersscotland.publiccontractsscotland.gov.uk and search for project Code Project_4761 under ITTs Open to All Suppliers. Please use the Search/Filter function, then select Project Code from the drop-down. Please note that once you have expressed interest in the ITT it will move to your My ITTs area.

For further information on using PCS-Tender, please read the Supplier Response Guide:https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/supplierhelppage/PCS-TSupplierResponseGuide.pdf

If you have already registered on Public Contracts Scotland and PCS-Tender and paired your accounts you can access PCS-Tender through your Public Contracts Scotland Control Panel.

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:

II.2.2)Information about options

Options: yes
Description of these options: A 1 year extension option.

II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 1

II.3)Duration of the contract or time limit for completion

Starting 1.1.2016. Completion 31.12.2018

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 a reference from their bank.
(2) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(3) 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:
(1) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract.
(2) All candidates will be required to provide certification from an independent body attesting conformity to environmental management standards in accordance with the Community Eco-Management and Audit Scheme (EMAS); or the European standard BS EN ISO 14001.
(3) All candidates will be required to provide certification drawn up by an independent body attesting the compliance of the economic operator with quality assurance standards based on the relevant European standards.
(4) A statement of the principal goods sold or services provided by the supplier or the services provider in the past 3 years, detailing the dates on which the goods were sold or the services provided; the consideration received; the identity of the person to whom the goods were sold or the services were provided
(5) A check may be carried out by the contracting authority or by a competent official body of the State in which the candidate is established, to verify the technical capacity of the candidate; and if relevant, on the candidates study and research facilities and quality control measures;
(6) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
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

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

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 below

1. Relevant Knowledge and Expertise Pertinent to the Commission. Weighting 30

2. Experience of Accessing QC’s, Advocates and Solicitor Advocates. Weighting 25

3. Staffing Experience. Weighting 25

4. Demonstrates Comprehensive Understanding of the Requirements. Weighting 20

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:

SBC/CPS/1104
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

23.11.2015 – 12:00
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

Date: 23.11.2015 – 14:00

Place:

Corporate Procurement Service, Council Headquarter, Newtown St Boswells.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: This Framework Agreement will be re-advertised in 2019.
VI.2)Information about European Union funds

VI.3)Additional information

(SC Ref:412106).
VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Scottish Borders Council
Council Headquarters, Newtown St Boswells
TD6 0SA Melrose
UNITED KINGDOM
Telephone: +44 1835824000

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Scottish Borders Council will incorporate a minimum of 10 calendar day standstill period at the point of information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. If an appeal regarding the award of contract has not been successfully resolved The Public Contracts (Scotland) Regulations 2012 (SSI 2012 No.88) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rule to take action in the Sheriff Court or Court of Session. Any such action must be brought within 30 days of the date on which a tenderer knew or ought to have known of the breach. Where a contract has not been entered into the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. Additionally if certain criteria are met, the Court is obliged to order the payment of a financial penalty. If the contract has been entered into the Court may award damages, or where certain criteria are met, make an ineffectiveness order. Additionally, in certain circumstances the Court is obliged to order the shortening of the duration of the contract (the purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside award decision before the contract is entered into).
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

8.10.2015

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