Police Station Telephone Advice Services 2016

Police Station Telephone Advice Services 2016

The aim of the 2015 Police Station Telephone Advice procurement process is to replace two existing services which provide telephone based legal advice to individuals detained at a police station on criminal and immigration matters.

United Kingdom-London: Legal services

2015/S 208-377917

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Legal Aid Agency
Legal Aid Agency, 102 Petty France
Contact point(s): Central Commissioning Legal Aid Agency, 8th Floor, 102 Petty France, London SW1H 9AJ
For the attention of: Gemma Jordan
SW1H 9AJ London
UNITED KINGDOM
Telephone: +44 7469579108
E-mail: civiltenders@legalaid.gsi.gov.uk

Internet address(es):

General address of the contracting authority: https://www.gov.uk/government/organisations/legal-aid-agency

Electronic access to information: https://www.gov.uk/government/organisations/legal-aid-agency

Electronic submission of tenders and requests to participate: https://legalaid.bravosolution.co.uk/web/login.shtml

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions

I.3)Main activity

General public services
Other: provision of publicly funded legal advice 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:

Police Station Telephone Advice Services from 1 June 2016.

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: England and Wales.

NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

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

This is a notice for ‘Social and Other Specific Services’ in accordance with the Directive 2014/24/EU Article 74.
The Legal Aid Agency (LAA) administers, on behalf of the Lord Chancellor, the Legal Aid scheme in England and Wales. It has a statutory duty to facilitate access to justice and compliance with obligations under Article 6(3) of the European Convention on Human Rights (ECHR) by ensuring that individuals detained at a police station receive effective legal advice and representation in criminal matters.
The aim of the 2015 Police Station Telephone Advice procurement process is to replace two existing services which provide telephone based legal advice to individuals detained at a police station on criminal and immigration matters. The LAA intends, by following a two stage procurement process, to procure contracts with organisations which can provide the required services. The required services comprise two parts:
1)The Criminal Defence Direct service (‘CDD’) provides a national telephone helpline for non-means tested legal advice directly to individuals who are suspected of certain non- indictable criminal offences and have been detained at a Police Station in England and Wales. An exhaustive list of the offences covered by the CDD service are as follows:
(a) Individual detained in relation to any non-imprisonable offence;
(b) Individual arrested on a bench warrant for failing to appear and being held for production before the court, except where there is clear documentary evidence available that would result in the individual being released from custody, in which case attendance may be allowed provided that the reason is recorded on file;
(c) Individual arrested on suspicion of: (i) driving with excess alcohol, who is taken to the Police Station to give a specimen (Section 5 Road Traffic Act 1988); (ii) failure to provide a specimen (Sections 6, 7 and 7A Road Traffic Act 1988); (iii) driving whilst unfit/drunk in charge of a motor vehicle (Section 4 Road Traffic Act 1988);
(d) Individual detained in relation to breach of police or court bail conditions.
2) The Immigration Telephone Advice (ITA) service provides a national telephone helpline for non-means tested legal advice in relation to non-criminal immigration offences directly to individuals detained at a police station.
It is anticipated that the LAA will award contracts to a minimum of 2 and a maximum of four organisations for the PSITA and CDD services. Organisations may bid in 1 of the following Lots:
Lot 1 CDD only;
Lot 2 Police Station Immigration Telephone Advice only.
Lot 3 Both CDD and Police Station Immigration Telephone Advice services under one consolidated contract.
It is anticipated that the contracts will be awarded in February 2016. There will then be a mobilisation period until the 1 June 2016, when the service will commence. The duration of the contracts will, subject to termination provisions in the contract, initially be for 3 years from the date of service commencement, with an option to extend (exercisable only by the LAA) for up to a further 2 years.
The number of contracts awarded will depend on the combination of contracts awarded through Lot 1, Lot 2 or Lot 3. There is no guarantee of any individual Lot or combination of Lots being awarded. The award of contracts will be based on an assessment of the most economically advantageous tender.

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: yes
Tenders may be submitted for one or more lots

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

This is a notice for ‘Social and Other Specific Services’ in accordance with the Directive 2014/24/EU Article 74. The LAA wishes to contract with providers for the Police Station Telephone Advice Services. This process consists of 3 Lots. Lot 1 is for the provision of the CDD Services; Lot 2 is for the ITA Services; and Lot 3 is for bids to provide both the CDD and ITA Services under 1 combined contract. The initial contract period will be for a period of 36 months, with an option to extend as many times as the LAA require up to a maximum aggregated extension of 24 months giving a total possible maximum contract length of 60 months.
The LAA requires 2 providers of both services. Therefore, the LAA expects to award a minimum of 2 contracts and a maximum of 4 contracts in total. However, the total number of contracts awarded will depend on the combination of contracts awarded through Lot 1, Lot 2 or Lot 3. There is no guarantee of any individual Lot or combination of Lots being awarded.
Estimated value excluding VAT:
Range: between 2 000 000 and 9 000 000 GBP

II.2.2)Information about options

Options: no

II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: Range: between 1 and 24
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 24 (from the award of the contract)

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

Starting 1.6.2016. Completion 31.5.2021

Information about lots

Lot No: 1 Lot title: Lot 1 Crime Defence Direct

1)Short description

Lot 1 -The Criminal Defence Direct service (‘CDD’) provides a national telephone helpline for non-means tested legal advice directly to individuals who are suspected of certain non- indictable criminal offences and have been detained at a Police Station in England and Wales. An exhaustive list of the offences covered by the CDD service are as follows: (a) Individual detained in relation to any non-imprisonable offence; (b) Individual arrested on a bench warrant for failing to appear and being held for production before the court, except where there is clear documentary evidence available that would result in the individual being released from custody, in which case attendance may be allowed provided that the reason is recorded on file; (c) Individual arrested on suspicion of: (i) driving with excess alcohol, who is taken to the Police Station to give a specimen (Section 5 Road Traffic Act 1988); (ii) failure to provide a specimen (Sections 6, 7 and 7A Road Traffic Act 1988); (iii) driving whilst unfit/drunk in charge of a motor vehicle (Section 4 Road Traffic Act 1988); (d) Individual detained in relation to breach of police or court bail conditions.

2)Common procurement vocabulary (CPV)

79100000

3)Quantity or scope

1)The Criminal Defence Direct service (‘CDD’) provides a national telephone helpline for non-means tested legal advice directly to individuals who are suspected of certain non- indictable criminal offences and have been detained at a Police Station in England and Wales. An exhaustive list of the offences covered by the CDD service are as follows: (a) Individual detained in relation to any non-imprisonable offence; (b) Individual arrested on a bench warrant for failing to appear and being held for production before the court, except where there is clear documentary evidence available that would result in the individual being released from custody, in which case attendance may be allowed provided that the reason is recorded on file; (c) Individual arrested on suspicion of: (i) driving with excess alcohol, who is taken to the Police Station to give a specimen (Section 5 Road Traffic Act 1988); (ii) failure to provide a specimen (Sections 6, 7 and 7A Road Traffic Act 1988); (iii) driving whilst unfit/drunk in charge of a motor vehicle (Section 4 Road Traffic Act 1988); (d) Individual detained in relation to breach of police or court bail conditions.
Estimated value excluding VAT:
Range: between 1 000 000 and 5 000 000 EUR

4)Indication about different date for duration of contract or starting/completion

Starting 1.6.2016. Completion 31.5.2021

5)Additional information about lots

The LAA requires 2 providers of both CDD and ITA Services. Therefore, the LAA expects to award a minimum of 2 contracts and a maximum of 4 contracts in total under this process. However, the total number of contracts awarded will depend on the combination of contracts awarded through Lot 1, Lot 2 or Lot 3. There is no guarantee of any individual Lot or combination of Lots being awarded.

Lot No: 2 Lot title: ITA Services

1)Short description

The ITA service provides a national telephone helpline for non-means tested legal advice in relation to non-criminal immigration offences directly to individuals detained at a police station.

2)Common procurement vocabulary (CPV)

79100000

3)Quantity or scope

The ITA service provides a national telephone helpline for non-means tested legal advice in relation to non-criminal immigration offences directly to individuals detained at a police station.
Estimated value excluding VAT:
Range: between 1 000 000 and 4 000 000 GBP

4)Indication about different date for duration of contract or starting/completion

Starting 1.6.2016. Completion 31.5.2021

5)Additional information about lots

The LAA requires 2 providers of both CDD and ITA Services. Therefore, the LAA expects to award a minimum of 2 contracts and a maximum of 4 contracts in total under this process. However, the total number of contracts awarded will depend on the combination of contracts awarded through Lot 1, Lot 2 or Lot 3. There is no guarantee of any individual Lot or combination of Lots being awarded.

Lot No: 3 Lot title: Lot 3 Both CDD and Immigration Telephone Advice services under one consolidated contract

1)Short description

This Lot relates to contracts for the provision of both the CDD Services and the ITA Services.

2)Common procurement vocabulary (CPV)

79100000

3)Quantity or scope

Lot 3 Both CDD and Police Station Immigration Telephone Advice services under one consolidated contract.
Estimated value excluding VAT:
Range: between 2 000 000 and 9 000 000 EUR

4)Indication about different date for duration of contract or starting/completion

Starting 1.6.2016. Completion 31.5.2021

5)Additional information about lots

The LAA requires 2 providers of both CDD and ITA Services. Therefore, the LAA expects to award a minimum of 2 contracts and a maximum of 4 contracts in total under this process. However, the total number of contracts awarded will depend on the combination of contracts awarded through Lot 1, Lot 2 or Lot 3. There is no guarantee of any individual Lot or combination of Lots being awarded.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

If the provider is part of a wider company, ‘parent company guarantees’ may be sought from the ‘parent company’.
The LAA will also require written indemnities to be provided by the ultimate owners of Applicant Organisations in relation to Applicant Organisations which operate on a limited liability basis.”.

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

CDD Payments.
For CDD services Applicant Organisations will be paid a single fixed fee for each Case managed. The price will be set at the price offered in the successful Applicant Organisations Tender. Further information on this will be available in the ITT documentation.
Immigration Telephone Advice (ITA) Service Payments.
For the ITA Service, Applicant Organisations will be paid a single fixed fee for each Case managed. The price will be set at the price offered in the successful Applicant Organisations Tender. Further information on this will be available in the Invitation to Tender.

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

The LAA will only contract with a single legal entity. Should organisations wish to merge or join up with others to apply for a Contract it will be necessary to form a new single legal entity. This single legal entity, in accordance with the relevant professional body’s regulatory rules, will be responsible for ensuring the performance of the contractual obligations.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Applicant Organisations awarded a Contract must be fully constituted and have been granted appropriate authorisation by a relevant legal sector regulator. Currently the only legal sector regulators who may grant authorisation for work under this Contract are the Solicitors Regulatory Authority (SRA) and Bar Standards Board (BSB). For the avoidance of doubt this does not preclude non-solicitor entities from applying, provided that they are able to form the appropriate legal entity. It is not necessary to have formed the entity at the time Applicant Organisations submit a formal tender.
Further information is contained in the Pre Qualification Questionnaire (‘PQQ’) documentation.
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: The Qualification Envelope within the PQQ requires Applicant Organisations to answer questions so that the LAA can assess whether they meet the minimum requirements to be deemed suitable to enter in to a contract with LAA. Sections B, F and G of the Pre Qualification Questionnaire contain questions which, if an Applicant Organisation is assessed by LAA as failing, the Applicant Organisation’s entire tender will be rejected.
Section C of the PQQ requires Applicant Organisations to answer questions which, if answers are assessed as failing, may result in rejection at the LAA’s sole discretion. Where an Applicant Organisation’s answer may give rise to rejection, Applicant Organisations may provide further information in the boxes provided for the LAA to consider as part of its assessment of such a question.
Further information is set out in the PQQ documentation.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Applicant Organisations may be required to provide any one of the following:
— A: A copy of your audited accounts for the most recent 2 years;
— B: A statement of your turnover, profit & loss account and cash flow for the most recent year of trading;
— C: A statement of your cash flow forecast for the current year and a bank letter outlining the current cash and credit position;
— D: An alternative means of demonstrating financial status if trading for less than a year.
Minimum level(s) of standards possibly required: Required to meet the specified standards detailed within the PQQ documentation.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
The Service Envelope (Sections F and G) within the PQQ requires Applicant Organisations to answer questions about their technical capacity to provide the required services. Such questions require Applicant Organisations to:
— provide detailed examples of similar contracts which the Applicant Organisation has performed successfully;
— provide confirmation that the Applicant Organisation has key personnel who are able to meet specific requirements relating to supervision of staff;
— provide confirmation that the Applicant Organisation has key personnel who have previously performed contracts of a certain financial value.
Further information is set out in the PQQ documentation.
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: Applicant Organisations awarded a Contract must be fully constituted and have been granted appropriate authorisation by a relevant legal sector regulator. Currently the only legal sector regulators who may grant authorisation for work under this Contract are the Solicitors Regulatory Authority (SRA) and Bar Standards Board (BSB). For the avoidance of doubt this does not preclude non-solicitor entities from applying, provided that they are able to form the appropriate legal entity. It is not necessary to have formed the entity at the time Applicant Organisations submit a formal tender.

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

Restricted

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 9: and maximum number 21
Objective criteria for choosing the limited number of candidates: There are three sections of the PQQ that must be completed: the Qualification Envelope, the Service Envelope, and the Confirmation and Declaration. The Qualification Envelope assesses whether Applicant Organisations meet the minimum requirements to deliver a contract (regardless of the Lot they are bidding for). The Service Envelope assesses the technical and professional capacity and contract experience relevant to the specific Lot being bid for.The Confirmation and Declaration sections within the PQQ must also be signed on behalf of the Applicant Organisation by an individual with sufficient authority.
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. Price per case. Weighting 60

2. Quality. Weighting 40

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:

Police Station Telephone Advice Services from 1 June 2016.

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

Prior information notice

Notice number in the OJEU: 2015/S 174-316701 of 9.9.2015

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

2.11.2015 – 12:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

20.11.2015

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

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

VI.3)Additional information

The Supplemental CPV code for these Services is 79110000-5.
Individual Applicant Organisations are only permitted to bid for one of the available Lots at the PQQ stage of the procurement. Applicant Organisations that are shortlisted to the ITT stage for Lot 3 will have the opportunity to additionally submit Tenders for a contract under Lot 1 and/or Lot 2 at the ITT stage.
An internal appeal process will be available in relation to limited circumstances (which will be set out in the ITT documentation) to Applicant Organisations which are shortlisted to, and take part in, the ITT stage of this process. No internal appeal procedure will be available at PQQ stage.
The award criteria will be based on a combination of questions relating to price and quality of service. At the time of publication of this notice, the award criteria are not finalised and the sub-headings set out at IV.2.1 are provided as an example only. Further information about the award criteria and applicable weightings will be set out in the ITT documentation in due course.
VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Legal Aid Agency
Central Commissioning, 8th Floor, 102 Petty France
SW1H 9AJ London
UNITED KINGDOM
E-mail: civiltenders@legalaid.gsi.gov.uk
Telephone: +44 7469579108
Internet address: http://www.gov.uk/government/organisations/legal-aid-agency

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:

22.10.2015

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