Scottish Enterprise Legal Services Framework Agreement

Scottish Enterprise Legal Services Framework Agreement

Legal Services framework agreement for Scottish Enterprise, Highlands and Islands Enterprise, and their respective subsidiary and associated companies and undertakings, and public bodies.

United Kingdom-Glasgow: Legal services

2016/S 183-328344

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: Adam Cunningham
Telephone: +44 8456078787
E-mail: adam.cunningham@scotent.co.uk
NUTS code: UKM34

I.1)Name and addresses

Highlands and Islands Enterprise
An Lòchran, 10 Inverness Campus
Inverness
IV2 5NA
United Kingdom
Telephone: +44 1463245245
E-mail: hieprocurement@hient.co.uk
NUTS code: UKM6

I.2)Joint procurement

The contract involves 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:

Legal Services Framework Agreement (P17-0010).

Reference number: P17-0010

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Legal Services framework agreement for Scottish Enterprise, Highlands and Islands Enterprise, and their respective subsidiary and associated companies and undertakings, and public bodies sharing complementary economic development and/or training objectives. The framework is anticipated to commence in December 2016 and will have a duration of 4 years.

II.1.5)Estimated total value

Value excluding VAT: 9 500 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: no
II.2)Description
II.2.1)Title:

II.2.2)Additional CPV code(s)

79100000
79111000
79140000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

The purpose of this tender is to appoint a number of suppliers, each operating under a framework, to provide legal services to Scottish Enterprise (‘SE’), Highlands and Islands Enterprise (‘HIE’) and their respective subsidiary and associated companies and undertakings, and public bodies sharing complementary economic development and/or training objectives (together, the ‘Purchasers’). Each supplier so appointed will be eligible to perform or bid for individual contracts awarded under this framework.

The number of suppliers to be appointed will be 2, 3 or 4. A final decision will depend on the quality of tenders received and the extent to which the suppliers selected are capable of covering the range of services that may be required.

The Purchasers are not dividing the framework into lots as this would make the framework more challenging to manage. The Purchasers believe that greater value for money and efficiency can be achieved without the use of lots.

II.2.5)Award criteria

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

II.2.6)Estimated value

Value excluding VAT: 9 500 000.00 GBP

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

Duration in months: 48
This contract is subject to renewal: no

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

List and brief description of conditions:

Statement for 4A.2 — Bidders are required to be regulated and/or authorised (as appropriate) to practice law by the relevant professional regulatory body or bodies in the jurisdiction(s) in which they practice.

Statement for 4C.1.2 — Bidders will be required to provide 2 examples that demonstrate that they have the relevant experience to deliver the services as described in part II.2.4 of the OJEU Contract Notice or the relevant section of the Site Notice. These will be evaluated on a PASS/FAIL basis. Pass equals providing 2 examples detailing relevant experience to deliver the service. Fail equals failure to provide 2 examples detailing relevant experience to deliver the service. Bidders can submit examples in a separate document to allow room to provide details of the service provided.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

Statement for 4B.1.2:- Bidders will be required to have an average yearly turnover of a minimum of 1 500 000 GBP for the last 2 years.

Statement for 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.

Statement for 4B.4:- Bidders will be required to state the value(s) for the following financial ratio(s): Liquidity Ratio, greater than or equal to 0.80.

Statement for 4B.5.1:- Please confirm below whether you already have or can commit to obtain, prior to the commencement of the contract, the 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

Public Liability Insurance

Professional Indemnity Insurance.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

Statements for 4C.6:- Unless otherwise agreed (e.g. in the case of proposed use of paralegals or trainee solicitors) individuals delivering services under the framework must be legally qualified and must hold an unrestricted practising certificate issued by the relevant professional regulatory body (e.g. the Law Society of Scotland).

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

III.2.1)Information about a particular profession

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

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

Unless otherwise agreed (e.g. in the case of proposed use of paralegals or trainee solicitors) individuals delivering services under the framework must be legally qualified and must hold an unrestricted practising certificate issued by the relevant professional regulatory body (e.g. the Law Society of Scotland).

III.2.2)Contract performance conditions:

Please see Invitation to Tender documentation.

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

Open 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: 4
In the case of framework agreements, provide justification for any duration exceeding 4 years: N/A.
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: 25/10/2016
Local time: 11:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

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

English

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

Duration in months: 3 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 25/10/2016
Local time: 12:00

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published:

Scottish Enterprise publishes an annual forward plan of anticipated procurement activity. The recurrence of this framework is envisaged as being included within the plan for 2020.

VI.2)Information about electronic workflows

VI.3)Additional information:

Dates and other information contained in this notice are communicated as being indicative only and may be subject to change. The contracting authority does not bind itself to accept the lowest or any offer. The contracting authority reserves the right to accept part of one or more offers. The contracting authority will not be liable for any costs incurred by those expressing an interest in or tendering for this contract. Compliance with all relevant legislation is required during the tendering process and the terms of any resulting contract. Bidders may be required to attend for interview. Any contract awarded will be subject to the law of Scotland. The contracting authority reserves the right to source the services through existing framework agreements. The contracting authority reserves the right to assign all or part of any contracts resulting from the process. Tenders shall remain open for acceptance for ninety (90) days from the date for return of tenders, or any subsequent date notified to you by the contracting authority. A tender may be accepted by the contracting authority at any time during this period.

Statement for 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.

Statement for 2D.1.2 — If the bidder proposes to subcontract any part(s) of the service, they should arrange for a separate ESPD response from each potential subcontractor (only Part II, Sections A and B, and Part III need to be completed for potential subcontractors however).

Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site athttp://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=458204

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available athttp://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.

The Contracting Authority does not intend to include a sub-contract clause in this contract for the following reason:

The Purchasers do not believe that a sub-contract clause is appropriate in relation to this framework agreement.

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

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

Community benefits are included in this requirement. For more information see:

http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361

Scottish Enterprise is committed to contributing to the social, economic & environmental well-being of the people of Scotland, in order to create a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth. Accordingly, while the following community benefit objectives will not be evaluated as part of the tender process, the successful service provider will be expected to present a community benefit proposal with their tender detailing how, in the event that they should be successful in winning the contract, they will address Community Benefits. Further information is available in the Invitation to Tender document.

(SC Ref:458204).

VI.4)Procedures for review

VI.4.1)Review body

Scottish Government — Procurement and Commercial Division
7th Floor, 5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
United Kingdom
Telephone: +44 1412425466
E-mail: SPOEprocurement@scotland.gsi.gov.ukInternet address:http://www.gov.scot/Topics/Government/Procurement/Selling/supplier-enquiries

VI.4.2)Body responsible for mediation procedures

Scottish Government — Procurement and Commercial Division
7th Floor, 5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
United Kingdom
Telephone: +44 1412425466
E-mail: SPOEprocurement@scotland.gsi.gov.ukInternet address:http://www.gov.scot/Topics/Government/Procurement/Selling/supplier-enquiries

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

In the first instance, contact the Senior Director of Procurement & Facilities Management at Scottish Enterprise, with any concerns or enquiries —https://www.scottish-enterprise.com/help/contact-us

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

Scottish Government — Procurement and Commercial Division
7th Floor, 5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
United Kingdom
Telephone: +44 1412425466
E-mail: SPOEprocurement@scotland.gsi.gov.ukInternet address:http://www.gov.scot/Topics/Government/Procurement/Selling/supplier-enquiries

VI.5)Date of dispatch of this notice:

20/09/2016

 

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