Scottish Government Legal Services Framework 2019

Scottish Government Legal Services Framework 2019

6 Lots. Contract, Commercial and Corporate Law – Lot No: 1.

United Kingdom-Glasgow: Legal services

2019/S 032-072042

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Scottish Government
5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
United Kingdom
Contact person: Maria McGrorry
Telephone: +44 1412420125
E-mail: Maria.McGrorry@gov.scot
NUTS code: UKM

I.2)Information about joint procurement

The contract is awarded by a central purchasing body

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html

I.4)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local subdivisions

I.5)Main activity

General public services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Framework for the Provision of Legal Services

Reference number: SP-18-010

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

The legal services framework will cover the provision of legal services. The firms appointed to the Framework Agreement will provide a range of legal services relevant to central government organisations in Scotland. The Framework Agreement consists of 6 lots:

— Contract, Commercial and Corporate;

— Debt Recovery;

— Litigation, Reparation, Employment and Inquiries;

— Major Infrastructure and Commercial Projects (incl related Litigation);

— Property and Related Matters;

— One Stop Shop (encompassing all other Lots).

II.1.5)Estimated total value

Value excluding VAT: 15 000 000.00 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:

Litigation, Reparation, Employment and Inquiries

Lot No: 3

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Lot 3: requires handling of reparation actions; general commercial litigation; arbitrations; fatal accident inquiries; public local inquiries; construction disputes and adjudications; health and safety investigations; and Employment Law services.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 70
Price – Weighting: 30
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: 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
II.2)Description

II.2.1)Title:

Debt Recovery

Lot No: 2

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Lot 2: requires advice and assistance on all aspects of debt recovery, including small claims, summary cause, Sheriff Court and Court of Session recovery actions; post-decree enforcement; earnings arrestments; inhibitions; recovery of overpayment of benefits and rent arrears.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 70
Price – Weighting: 30
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: 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
II.2)Description

II.2.1)Title:

Major Infrastructure and Commercial Projects (including Related Litigation)

Lot No: 4

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Lot 4: requires advice covering a broad range of large scale infrastructure and/or commercial projects (including new and ongoing road and rail construction projects) and complex, high value projects (including ports and harbours); future infrastructure developments; and related commercial and procurement advice; IT projects; organisational projects; renewable energy projects (on-shore and off-shore windfarms, tidal development); and related commercial advice, State Aid advice and procurement advice; advice on maritime issues and advice on ports, harbours and associated infrastructure. It will also include advice on company rescue and restructuring and any litigation or dispute resolution issues arising out of any work allocated under this lot.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 80
Price – Weighting: 20
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: 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
II.2)Description

II.2.1)Title:

Propery and Related Matters

Lot No: 5

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Lot 5: requires conveyancing; acquisition and sale of property; commercial leasing; crofting matters including sales and recovery of rents; provision of services when entering into new leases of property and advice relating to termination of existing leases; shared equity; construction contracts; securities; ranking arrangements; section 32 agreements; property management arrangements and lands tribunal matters; registration of land interests; ability to source property advice for jurisdictions outwith Scotland.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 70
Price – Weighting: 30
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: 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
II.2)Description

II.2.1)Title:

Contract, Commercial and Corporate Law

Lot No: 1

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Lot 1 will cover a broad range of commercial and contractual work arising including advice on commercial arrangements necessary to support projects; drafting of contracts and other commercial documents; compliance; advising on contractual issues; corporate matters including setting up companies and conserving corporate governance, finance and assets.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 70
Price – Weighting: 30
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: 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
II.2)Description

II.2.1)Title:

One Stop Shop

Lot No: 6

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Lot 6 is a Fully Managed Service encompassing the following legal services:

— Contract, Commercial and Corporate;

— Debt Recovery;

— Litigation, Reparation, Employment and Inquiries;

— Major Infrastructure and Commercial Projects (including Related Litigation;

— Property and Related Matters

— Contractors will provide Framework Public Bodies with advice for matters falling within all of these services.

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Quality / Weighting: 70
Price – Weighting: 30
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: 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

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:

This Section refers to Section A of Part IV of ESPD (Scotland) and covers question 4A.2:

Bidders must be registered with, and regulated by, The Law Society of Scotland.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

This Section refers to Section B of Part IV of the ESPD (Scotland) and covers question 4B.5

Minimum level(s) of standards possibly required:

4B.5.1 to 4B5.3 — It is a requirement of this framework that bidders hold, or can commit to obtain, prior to the commencement of any subsequently awarded framework, the types and levels of insurance indicated below:

— public liability insurance in the sum of not less than 2 000 000 GBP,

— professional indemnity insurance in the sum of not less than 2 000 000 GBP,

— employer’s liability insurance in accordance with any legal obligation for the time being in force.

III.1.3)Technical and professional ability

Selection criteria as stated in the procurement documents
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 must be registered and regulated by the Law Society of Scotland.

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

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: 36
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

Notice number in the OJ S: 2018/S 133-302904

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 14/03/2019
Local time: 12:00
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: 6 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 14/03/2019
Local time: 12:30

Section VI: Complementary information

VI.1)Information about recurrence

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

Within 4 years

VI.2)Information about electronic workflows

Electronic invoicing will be accepted
Electronic payment will be used

VI.3)Additional information:

The legal services Framework Agreement will be available for use by the Scottish Ministers (including Agencies), Scottish Non-Departmental Public Bodies, offices in the Scottish Administration which are not ministerial offices, cross-border public authorities within the meaning of section 88(5) of the Scotland Act 1998, the office of the advocate general, the Scotland Office, the Scottish Parliamentary Corporate Body, the Scottish Fire and Rescue Service, the Scottish Police Authority, Student Loans Company Ltd, the Forestry Commission, the Commissioner of Northern Lighthouse operating as the Northern Lighthouse Board, Equality and Human Rights Commission, Business Stream Ltd, any public body established by or under the Scotland Act 1998 or any Act of the Scottish Parliament, any association of or formed by one or more of the foregoing, bodies financed wholly or mainly by one or more of the foregoing, bodies subject to management supervision by one or more of the foregoing and bodies more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by one or more of the foregoing.

Information about Scottish Public Bodies is available at:

http://www.gov.scot/Topics/Government/public-bodies/about

Scottish Non-Departmental Public Bodies are listed at:

http://www.gov.scot/Topics/Government/public-bodies/about/Bodies

Information about the Review of Public Procurement in Scotland and links to the other Centres of Expertise are available at:

http://www.gov.scot/Topics/Government/Procurement

The legal services framework has been divided into 6 lots. A maximum number of 6 suppliers will be appointed to each lot.

Full details of the lots, the award criteria with weightings and scores can be found in the invitation to tender.

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.

ESPD (Sco)-Section 2: Sub-contractors who are not being relied upon to meet Selection Criteria-A separate ESPD (Sco) will not be required at this stage.

In respect of ESPD (Sco) Question 4A.2, it is a requirement of the Framework Agreement that bidders are registered and regulated by the Law Society of Scotland.

In respect of ESPD (Sco) Question 4B5.1 and 4B5.2, it is a requirement of the Framework Agreement that bidders hold or can commit to obtain prior to commencement of any subsequently awarded framework, the types and levels on insurance indicated below:

— public liability insurance in the sum of not less than 2 000 000 GBP,

— professional indemnity insurance in the sum of not less than 2 000 000 GBP,

— employer’s liability insurance in accordance with any legal obligation for the time being in force.

Bidders who do not currently have or cannot commit to obtaining the levels of insurance requested may be excluded from the procurement process.

If you are an SME or 3rd sector organisation interested in working with the public sector, the supplier development programme can help. Attached is a link to the supplier development programme: https://www.sdpscotland.co.uk/?utm_source=pcs&utm_medium=frontpage&utm_content=march16&utm_campaign=SDP03

The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 12809. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=571984.

A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363

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:

The Scottish Government is committed to contributing to the social, economic and environmental well-being of the people of Scotland. Accordingly, while community benefit objectives will not be evaluated as part of the tender process, the successful Contractor will be expected to consider the following Community Benefit themes in the delivery of their services.

Details of the Community Benefit themes can be found in the invitation to tender.

(SC Ref:571984)

VI.4)Procedures for review

VI.4.1)Review body

Scottish Government
Victoria Quay, Leith
Edinburgh
EH6 6QQ
United Kingdom
Telephone: +44 1312447556Internet address: http://www.scotland.gov.uk
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

11/02/2019

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