Patent Attorney Services Framework Scotland

Patent Attorney Services Framework Scotland

Scottish Enterprise is seeking to establish a Framework to deliver patent attorney and associated services.

United Kingdom-Glasgow: Patent and copyright consultancy services

2018/S 058-128300

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Scottish Enterprise
Atrium Court, 50 Waterloo Street
Glasgow
G2 6HQ
United Kingdom
Contact person: Alison McManus
Telephone: +44 1592623006
E-mail: alison.mcmanus@scotent.co.uk
Fax: +44 1412481600
NUTS code: UKM82Internet address(es):Main address: http://www.scottish-enterprise.com/Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00398
I.2)Information about 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

I.4)Type of the contracting authority

Regional or local agency/office

I.5)Main activity

Economic and financial affairs

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Patent Attorney & Associated Services Support for Scottish Enterprise

Reference number: P18-0004

II.1.2)Main CPV code

79120000

II.1.3)Type of contract

Services

II.1.4)Short description:

Scottish Enterprise (SE) is seeking to establish a framework to deliver patent attorney and associated services. In practice for each distinct technology area (programme) and associated patent portfolio, we envisage identifying and appointing an IP service provider and particularly a lead patent attorney to manage and take care of these intellectual property rights under the instruction of SE’s IP Manager.

In addition, SE is procuring two associated services, firstly an annuity service provider to provide all renewal services in respect of the ITI Scotland patent portfolio (lot 7) and secondly, IP analyst provision (lot 8).

The framework will have 8 individual lots and we intend to appoint one supplier to each lot. The framework will be for a 3 year period, after this time, SE will have the option to extend the framework for a further 12 month period. Please refer to the supplementary information document for further information.

II.1.5)Estimated total value

Value excluding VAT: 950 000.00 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:

Explosives Detection Patent Portfolio

Lot No: 1

II.2.2)Additional CPV code(s)

79120000
79130000
79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of explosives detection including in particular an associated patent portfolio. The explosive detection R&D programme (now complete) focussed on the development of technologies and instrumentation in the area of stand off detection of explosives using laser spectroscopy. Every material has a unique spectroscopic fingerprint based on characteristic vibrational spectra which allows identification of threat materials. The explosive detection programme created platform technology in this area which is capable of real time stand off detection of trace amounts of explosives. Further details on the nature of this technology and inventions developed during the programme can be found by reviewing the explosive detection patent portfolio in Appendix 1 of the supplmentary information document.

Applications for this technology are envisaged in civil security and defence explosive detection markets with particular suitability in the areas of aviation security, mass transportation security, stadia and other public venues security, and critical infrastructure security.

A licence agreement is already in place with a Scottish based commercial partner.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3.a Minimum standards of eligibility — provided evidence of working on similar types of projects; and

3.b Technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability; and

3.c Human resources — possess the necessary human resources, qualified appropriately to perform the requirement; and

4. Satisfied minimum standards of economic and financial standing

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2)Description

II.2.1)Title:

Resonance Enhanced Drilling Patent Portfolio

Lot No: 2

II.2.2)Additional CPV code(s)

79100000
79130000
79120000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of Resonance enhanced drilling including in particular an associated patent portfolio. The resonance enhanced drilling R&D programme (now complete) focussed on the development of technologies and instrumentation in the area of onshore and offshore drilling and represents a special type of high frequency impact enhanced rotary drilling where in addition to a rotary drill-bit a controllable oscillator (magnetostrictive or mechanical) delivers high frequency axial oscillations in order to create resonance between a drill-bit and the material being drilled. This results in the amplification of the pressure exerted at the drill-bit significantly increasing drilling efficiency and speed whilst decreasing required Weight on Bit (WOB) and drill-bit wear. This makes it possible to drill through different formations with the same drill-bit, rather than having to stop for bit changes as is currently the case and creates the potential to unlock resources currently considered inaccessible or uneconomic. Further details on the nature of this technology and inventions developed during the programme can be found by reviewing the Resonance enhanced drilling patent portfolio in Appendix 1 of the Supplementary Information document.

Applications for this technology are primarily envisaged in oil and gas, mining, and geothermal markets.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the Agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3.a Minimum standards of eligibility — provided evidence of working on similar types of projects; and

3.b Technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability; and

3.c Human resources — possess the necessary human resources, qualified appropriately to perform the requirement; and

4. Satisfied minimum standards of economic and financial standing; and

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2)Description

II.2.1)Title:

Genome Segment Assembly Patent Portfolio

Lot No: 3

II.2.2)Additional CPV code(s)

79120000
79100000
79130000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of Genome segment assembly including in particular an associated patent portfolio. The Genome segment assembly R&D programme (now complete) focussed on the development of technologies and instrumentation in the area of synthetic biology. Synthetic biology is a technology area encompassing the construction of genetic sequences or pathways comprising multiple genes, in which the methodology is approached from an engineering viewpoint of bolting components together rather than the classical molecular biology viewpoint of using template directed assembly. GSA is a technique in this field and can combine multiple genes of interest into single DNA constructs/assemblies, in a quick and combinatorial manner. Further details on the nature of this technology and inventions developed during the programme can be found by reviewing the Genome segment assembly patent portfolio in Appendix 1 of the supplementary information document.

A licence agreement is already in place with a Scottish based commercial partner.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3.a Minimum standards of eligibility — provided evidence of working on similar types of projects; and

3.b Technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability; and

3.c Human resources — possess the necessary human resources, qualified appropriately to perform the requirement; and

4. Satisfied minimum standards of economic and financial standing; and

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2)Description

II.2.1)Title:

Composite Pipeline Systems Patent Portfolio

Lot No: 4

II.2.2)Additional CPV code(s)

79100000
79130000
79120000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of Composite pipeline systems including in particular an associated patent portfolio. The composite pipeline systems R&D programme (now complete) focussed on the development of onshore pipeline technology and particularly composite steel pipeline structures which are formed in the field by helically winding interlocking steel strip onto a corrosive resistant liner. This greatly reduces the pipe wall thickness, weight, and material cost relative to conventional pipes which are often manufactured off site transported thousands of miles and then welded together section by section. Application of this technology is primarily anticipated in the oil and gas market. Although secondary markets have been identified e.g. the transportation of water in places like Saudi Arabia. The ability to helically wind the pipe on site promises estimated cost savings of between 30-40 %. In addition to material costs, savings are achieved by reducing the number of welds, skilled welders, and other staff required to be housed for long periods in often remote hostile environments. Further details on the nature of this technology and inventions developed during the programme can be found by reviewing the composite pipeline systems patent portfolio in Appendix 1 of the supplementary information document.

A licence agreement is already in place with a Scottish based commercial partner.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the Agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3.a Minimum standards of eligibility — provided evidence of working on similar types of projects; and

3.b Technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability; and

3.c Human resources — possess the necessary human resources, qualified appropriately to perform the requirement; and

4. Satisfied minimum standards of economic and financial standing; and

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2)Description

II.2.1)Title:

Chronic Wound Care

Lot No: 5

II.2.2)Additional CPV code(s)

79100000
79130000
79120000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Specifically this lot is concerned with patent attorney provision in respect of assets developed as part of the Chronic wound care R&D programme including in particular an associated patent portfolio. The Chronic wound care R&D programme (now complete) focussed on the development of a point-of-care diagnostic platform technology that could be used to diagnose and monitor wound infection both in clinical environments and in the community. In practice a number of analyte detection methodologies and apparatus were created which have potentially broader application. This included a real time electro-impedance spectroscopy technique protected by 2 of the patent families below and another technique which uses dielectrophoresis to significantly increase the capture rate of an analyte which is protected by the third patent family. Further details can be derived by reviewing the patent portfolio in Appendix 1 of the supplementary information document.

Previous commercialisation efforts have not achieved the desired outcome and we are currently assessing the commercial prospects of the CWC assets.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the Agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3.a Minimum standards of eligibility — provided evidence of working on similar types of projects; and

3.b Technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability; and

3.c Human resources — possess the necessary human resources, qualified appropriately to perform the requirement; and

4. Satisfied minimum standards of economic and financial standing; and

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2)Description

II.2.1)Title:

Ubiquitin Proteasome System

Lot No: 6

II.2.2)Additional CPV code(s)

79100000
79130000
79120000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Specifically this lot is concerned with patent attorney provision in respect of assets developed as part of the Ubiquitin proteasome system R&D programme including in particular an associated patent portfolio. The Ubiquitin proteasome system R&D programme (now complete) focussed on the ubiquitin proteasome system which controls intracellular protein degradation in mammalian systems in a highly controlled manner. When it goes wrong, disease can occur due to either a build up of proteins that should be degraded, or conversely, degradation of required proteins. It has therefore been implicated in the onset of multiple diseases but due to a lack of relevant technologies required for identifying drug-like modulators of the system, attempts to create therapies that realign the UPS have proved intractable to date. The objective of the programme was develop technologies to link novel UPS components to disease, with a specific focus on cancer, and to provide proof of concept for drug discovery against this class of molecular targets. The programme focused on the components of the ubiquitin proteasome system that confer selectivity to the system and are the ultimate drug targets within the UPS, the ubiquitin E3 ligases. Ubiquitin E3 ligases strongly implicated in specific diseases were selected based on strength of validation and the input from the Programme advisory group. Multiple technologies were initially tested and new combinations developed that allowed early hit identification. Extensive downstream assay workflows were developed in parallel allowing hits to be thoroughly interrogated. Novel biochemical, biophysical and cell-based assays were used to selectively identify and prioritise lead molecules against the E3 ligases of interest. Further details can be derived by reviewing the patent portfolio in Appendix 1 of the supplementary information document.

Previous commercialisation efforts have not achieved the desired outcome and we are currently assessing the commercial prospects of the UPS assets.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the Agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3.a Minimum standards of eligibility — provided evidence of working on similar types of projects; and

3.b Technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability; and

3.c Human resources — possess the necessary human resources, qualified appropriately to perform the requirement; and

4. Satisfied minimum standards of economic and financial standing

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2)Description

II.2.1)Title:

Cross Programme Patent Renewals Service

Lot No: 7

II.2.2)Additional CPV code(s)

79120000
79100000
79130000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Across all programmes we require a single supplier to take over and provide renewal/annuity payment service in respect of the entire ITI Scotland portfolio (see appendix 1 of the supplementary information document). The provider will be responsible for ensuring all maintenance/annuity/renewal payments are made in good time and no payment deadlines are missed. The provider will work in tandem with and under instruction of the programme lead patent attorney (see above) and/or the SE IP Manager. The standard instruction will be to automatically renew all cases unless otherwise instructed and it’s envisaged that reminders and sufficient opportunity will be provided to allow other instructions if required e.g. to passively abandon by not making renewal payment. This function is currently provided by multiple service providers and we would like to consolidate this service into one provider.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the Agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3. Minimum standards of eligibility — provided evidence of working on similar types of projects; and

4. Satisfied minimum standards of economic and financial standing

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2)Description

II.2.1)Title:

Cross Programme IP Analyst Support

Lot No: 8

II.2.2)Additional CPV code(s)

79140000
79120000
79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

In addition to the patent attorney support above we require IP analyst support. To clarify this support is expected to include:

— The provision of various types of patent search services to include both legal and business type searches. It’s thought this could include e.g. patentability searches, freedom to operate searches, and patent landscape studies. This will demand access to and a good knowledge of specialist searching tools e.g. Thomson Innovation,

— For a small number (2 or 3) of the programmes above (with particular focus on the Life Sciences area) the IP analyst will be responsible for the day to day management and direction of the portfolio in support of SE’s IP Manager. To be clear each programme will be assigned a patent attorney and that is not the requirement of this role. Instead the IP analyst is expected to leverage their (Life Sciences) technical background considering and scrutinising the available options in tandem with the patent attorney and SE’s IP manager,

— Providing general support in the area of IP covering wide range of ad hoc tasks,

— Assisting and supporting in the ongoing evaluation of the ITI Scotland patent portfolio,

— Assisting and supporting the monetisation of the portfolio as appropriate.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

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

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement will be in place for a period of 36 months with Scottish Enterprise having the option to extend the agreement for a further 12 month period to a maximum of 48 months as detailed above.

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

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

It is intended that 5 economic operators will be taken forward to tender stage. These economic operators shall be who have:

1. Submitted a compliant submission, comprising the completed ESPD.

2. Satisfied the relevant selection criteria under the exclusion grounds.

3.a Minimum standards of eligibility — provided evidence of working on similar types of projects; and

3.b Technical or professional ability — provided evidence demonstrating an acceptable level of technical or professional ability; and

3.c Human resources — possess the necessary human resources, qualified appropriately to perform the requirement; and

3.d Relevant tools, plant or Technical equipment – have demonstrated access to the necessary equipment to perform the requirement.

4. Satisfied minimum standards of economic and financial standing

5. Achieved the first, second, third, fourth or fifth highest combined weighted scores in respect of technical or professional ability calculated in accordance with the responses to the statements outlined in Section III.1.3 of this contract notice.

However, if an economic operator has not submitted a compliant submission as described in 1 above, failed in respect of either 2, 3, 4 or 5 above, then that economic operator shall be excluded from the ranking of scores described in 5 as above.

Economic operators shall be required to self-certify their adherence to the above selection criteria via the ESPD (Question Ref 5.1). Suppliers shall be required to submit appropriate means of proof at a later stage as stated in Regulation 60 of the Public Contracts (Scotland) Regulations 2015.

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

Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

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

III.1.2)Economic and financial standing

List and brief description of selection criteria:

Lot 1: ESPD Question 4B.1.2 and 4B.1.3 Bidders will be required to have an average yearly turnover of a minimum of 63 000 GBP for the last 2 years.

Lot 2: ESPD Question 4B.1.2 and 4B.1.3 Bidders will be required to have an average yearly turnover of a minimum of 60 000 GBP for the last 2 years.

Lot 7: ESPD Question 4B.1.2 and 4B.1.3 Bidders will be required to have an average yearly turnover of a minimum of 93 000 GBP for the last 2 years.

Lots 1, 2 and 7: ESPD Question 4B.3 — Where turnover information is not available for the time period requested, the bidder will be required to state the date which they were set up or started trading.

Lots 1, 2 and 7: ESPD Question 4B.4 — Bidders will be required to state the value for the liquidity ratio. The liquidity ratio should be equal to or greater than 0.8.

All lots: 4B.5.1 — Please confirm whether you already have or can commit to obtain, prior to the commencement of the contract, appropriate levels of insurance for this contract. Bidders that do not already have, or cannot commit to obtain insurances may be excluded from further participation in this procurement exercise.

— Employer’s (Compulsory) Liability Insurance — 5 000 000 GBP,

— Professional Indemnity Insurance — Bidders should state the value that they consider to be appropriate for the contract.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

ESPD: Question Ref. 4C.1.2 (Lots 1-8) – Economic operators shall be required to insert suitable responses in relation to the specific lot/s applied for, demonstrating that they have the required minimum standards of eligibility and technical and professional ability. Answers to these statements shall be answered by single economic operators and by groups of economic operators (group members should not respond individually). A “group of economic operators” is defined as an unincorporated consortium or joint venture. Examples may be submitted in a separate document to allow room to provide details of the service provided.

ESPD, Question Ref. 4C.6.1 (Lots 1-6, Lot 8) economic operators shall be required to insert suitable responses in relation to the specific lot/s applied for demonstrating that the proposed individuals have the requisite experience, educational and professional qualifications to perform the requirements of the framework.

ESPD Question Ref: 4C.9 (Lot 8) economic operators shall be required to insert suitable responses in relation the specific Lot/s applied for demonstrating that they have the relevant tools, plant or technical equipment available to perform the requirements of the framework.

The responses to all statements below shall be assessed on the basis of a score with a minimum threshold, using the following scoring mechanism:

— Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion (0-Unacceptable),

— Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/ capacity/capability (1-Weak),

— Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature (2-Acceptable),

— Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (3-Good),

— Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (4-Excellent).

An ESPD submission shall be marked as a Fail and will not be considered further if the score achieved for any statement is less than but not equal to 2. Where a response is equal or greater than 2 it shall be weighted in order to calculate a total combined score out of 400 in response to all statements per lot.

Minimum level(s) of standards possibly required:

Lots 1-6: ESPD Question 4C.1.2: Economic operators are required to demonstrate relevant previous experience. Economic operators should provide 3 examples (per individual lot applied for in respect of Lots 1-6) that demonstrate that they, and in particular the proposed lead patent attorney, has the relevant experience to deliver patent attorney services as described in part II.2.4 of the OJEU contract notice or the relevant section of the site notice. Economic operators should select 3 examples of previous work which they consider relevant or similar in nature to the lot applied for, providing patent numbers for any cases highlighted and clearly explaining their reasoning. Ideally it is envisaged examples will come from the same or similar technology space as the relevant lot. For each example, economic operators should provide the client name, the nature of the client organisation, the full scope of services provided, the nature of the proposed lead patent attorney’s involvement, and the start and end dates of commission.

(Question weighting 20 % per example, overall 60 % weighting).

Lots 1-6 ESPD Question 4C.6.1: Economic operators are required to confirm that their managerial staff have the relevant educational and professional qualifications for delivery of the contract. Due to the nature of the service, we would expect that the lead patent attorney could point to at least a first degree in a technical discipline relevant to the lot being tendered for and also membership of the Chartered institute of patent attorneys (or equivalent European body). (Question weighting 40 %).

Lot 7 ESPD Question 4C.1.2: Economic operators are required to provide 3 examples of previous commissions which are similar/relevant to the renewals service described in part II.2.4 of the OJEU contract notice or the relevant section of the site notice. Ideally examples should describe renewal services for patent portfolios of comparable size and territorial coverage (see supporting Information document). For each example economic operators should provide the client name, the nature of the client organisation, the full scope of services provided, and the start and end date of the commission. (Question weighting 33.3 % per example, overall 100 % weighting).

Lot 8 ESPD Question 4C.1.2: Economic operators are required to provide 3 examples of previous commissions which are similar/relevant to the IP Analyst service described in part II.2.4 of the OJEU Contract Notice or the relevant section of the site notice. Ideally individual examples will demonstrate the full requirements of the IP analyst service as described, however examples which demonstrate part requirements are acceptable provided in combination the three examples demonstrate the key aspects of the IP analyst service. For each example economic operators should provide the client name, the nature of the client organisation, the full scope of services provided, and the start and end date of the commission. (Question weighting 20 % per example, overall 60 % weighting).

Lot 8 ESPD Question 4C.6.1: Economic operators are required to confirm that their managerial staff have the relevant educational and professional qualifications for delivery of the contract. Due to the nature of the service we would expect that the proposed IP Analyst would have a Lifesciences background with a first degree in a Lifesciences subject. (Question weighting 25 %).

Lot 8 ESPD Question 4C.9: Economic operators are expected to have access to a patent searching tool and details must be provided within the ESPD response. (Question weighting 15 %).

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:

ESPD Question 4A.2: In respect of Lots 1-6, Economic operators must be registered with the Intellectual property regulation board (IPReg) Register of patent attorneys (UK), or equivalent under another European body. Details must be provided in the ESPD submission.

The response to this question shall be assessed on the basis of Pass or Fail. Economic operators who do not hold a particular authorisation or membership in accordance with the specified requirements shall not be considered further in this procurement competition.

III.2.2)Contract performance conditions:

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: 8
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: 27/04/2018
Local time: 11:00

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

Date: 21/05/2018

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
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:

ESPD Question 2A.17 — Form of Participation (Notably as part of a group, consortium, joint venture or similar).

Any contract will be entered into with the nominated lead organisation and all members of the consortium, who will in these circumstances each be required to execute said contract together with all ancillary documentation,evidencing their joint and several liability in respect of the obligations and liabilities of the contract. It will be for members of the consortium to sort out their respective duties and liabilities amongst each other. For administrative purposes, any associated documentation will be sent to the nominated lead organisation.

ESPD Question 2D.1.2 — If a substantial proportion of work would go to a subcontractor we may ask for a completed ESPD form for those subcontractors (only sections A and B of Part II and Part III will be requested). We will advise bidders if we require this information at a later stage.

At tender stage, economic operators will be expected to present a community benefit proposal detailing how, in the event they should be successful in winning the contract, they will address community benefits. Further detail will be provided at tender stage.

At tender stage, economic operators will be expected to demonstrate their commitment to being a best practice employer in the delivery of the contract and encourage a positive approach to work force related matters with any subcontractors. Further detail will be provided at tender stage.

The framework will be based on Scottish enterprise terms and conditions for professional services. Each selected economic operator shall be invited to submit a tender on the same contract terms. The terms and conditions of contract will be provided at tender stage.

The supplier will be procured through a competitive tender procedure, in accordance with the restricted procedure as provided for in the Public Contracts (Scotland) Regulations 2015.

To be considered for this framework, economic operators are required to complete the European single procurement document (ESPD) inaccordance with this contract notice. A separate submission should be provided in respect of each lot applied for and must be clearly referenced in terms of lot numbers. Economic operators shall be evaluated in accordance with the Public Contracts (Scotland) Regulations 2015, on the basis of information they have provided within the ESPD.

The ESPD can be downloaded via the Public Contracts Scotland portal (www.publiccontractsscotland.gov.uk).

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=528669

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.

(SC Ref:528669).

Download the ESPD document here: http://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=528669.

VI.4)Procedures for review

VI.4.1)Review body

Scottish Enterprise
Atrium Court, 50 Waterloo Street
Glasgow
G2 6HQ
United Kingdom
Telephone: +44 1592623006
E-mail: alison.mcmanus@scotent.co.uk
Fax: +44 1412481600Internet address:http://www.scottish-enterprise.com/

VI.4.2)Body responsible for mediation procedures

Single Point of Enquiry
5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
United Kingdom
Telephone: +44 1412425466
E-mail: SPOEprocurement@scotland.gsi.gov.uk

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

In the first instance, contact the Senior director of facilities management and Procurement at Scottish Enterprise, with any concerns or enquiries.

Email: https://www.scottish-enterprise.com/help/contact-us

An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session.

VI.4.4)Service from which information about the review procedure may be obtained

Scottish Enterprise
50 Waterloo Street, Atrium Court
Glasgow
G2 6HQ
United Kingdom
Telephone: +44 1412041111Internet address:www.scottish-enterprise.com

VI.5)Date of dispatch of this notice:

21/03/2018

 

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