Scottish Police Authority Legal Services Tender

Scottish Police Authority Legal Services Tender

5 Lots. Employment Law and Legal Advice re HR Matters – Lot No: 1.

United Kingdom-Glasgow: Legal services

2019/S 119-291880

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Scottish Police Authority
1 Pacific Quay, 2nd Floor
Glasgow
G51 1DZ
United Kingdom
Telephone: +44 1786895916
E-mail: marie.skinner@scotland.pnn.police.uk
NUTS code: UKM82

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

I.4)Type of the contracting authority

Body governed by public law

I.5)Main activity

Public order and safety

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Proc_19_20_036 — Lega Services (Framework)

Reference number: Proc_19_20_036

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Legal services (framework).

II.1.5)Estimated total value

Value excluding VAT: 3 980 000.00 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:

Advice and Representation on Complaints, Conduct and Disciplinary Matters in Respect of Police Officers and Staff

Lot No: 3

II.2.2)Additional CPV code(s)

79100000
79110000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

All procurement details within procurement documents in PCS-Tender.

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

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:

General Litigation and Advice

Lot No: 2

II.2.2)Additional CPV code(s)

79100000
79110000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

All procurement details within procurement documents in PCS-Tender.

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

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:

Inquiries and Reviews

Lot No: 4

II.2.2)Additional CPV code(s)

79100000
79110000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

All procurement details within procurement documents in PCS-Tender.

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

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:

Procurement Advice

Lot No: 5

II.2.2)Additional CPV code(s)

79100000
79110000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

All procurement details within procurement documents in PCS-Tender.

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

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:

Employment Law and Legal Advice re HR Matters

Lot No: 1

II.2.2)Additional CPV code(s)

79100000
79110000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

All procurement details within procurement documents in PCS-Tender.

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

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:

ESPD Question 4A.1 Trade Registers:

It is a requirement of this tender that if the tenderer is UK based they must hold a valid registration with Companies House. Where the tenderer is UK based but not registered at Companies House they must be able to verify to the Councils satisfaction that they are trading from the address provided in the tender and under the company name given.

Tenderers within the UK must confirm if they are registered under Companies House within this question.

If the tenderer is based out-with the UK they must be enrolled in the relevant professional or trade register appropriate to their country as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015.

III.1.2)Economic and financial standing

Minimum level(s) of standards possibly required:

It is a requirement of this framework that tenderers hold, or can commit to obtain prior to the commence of any subsequently awarded Framework, indicated below:

ESPD Question 4B5 Insurances:

— employers (compulsory) liability insurance = 10 000 000 GBP in respect of each claim without limit to the number of claims. Tenderers may be required to provide their current employers liability insurance certificate which should include name of the insurers, policy numbers, expiry date and limits for any one incident and annual aggregate caps and the excesses under the policies,

— public liability insurance = 5 000 000 GBP in respect of each claim without limit to the number of claims. Tenderers may be required to provide a copy of their current public liability insurance certificate,

— professional indemnity insurance = 5 000 000 GBP in respect of each claim without limit to the number of claims. Tenderers may be required to provide a copy of their current professional indemnity insurance certificate.

Documentation requested for the above insurances should include name of insurers, policy numbers, expiry date and limits of any one incident and annual aggregate caps and the excesses under the policies.

ESPD Question 4B6 Financial Standing:

The Authority will access a credit safe report for a tenderers organisation and use the information contained within to assist with the assessment of the tenderer’s economic and financial standing. Tenders are asked to provide their company number within the ESPD to allow the Authority to access a Credit Safe Report.

Within such reports, the risk of business failure is expressed as a score of 30 or below (high risk of business failure). In the event that a company is determined to have a risk failure rating of 30 and below i.e. that the company is considered to have a high risk of business failure, the submission will not be considered further.

If you are successful in the award of this contract and your risk failure rating falls below 30 then the SPA reserve the right to remove you from this contract. It is the contractor’s responsibility to ensure that the information held by credit safe is accurate and up to date.

For the avoidance of doubt, the SPA will request a report from credit safe following the closing date for the receipt of the tenders to ensure that the most up to date information is used. Where you are not registered on credit safe e.g. charitable organisations or new start companies/sole traders with less than 3 years trading history, discretionary powers are available to the Director of Finance to consider abbreviated accounts along with bankers references, etc.

Tenderers should be aware that any outstanding County Court Judgements will have a detrimental effect on the rating held by credit safe and it is your responsibility to ensure that the information held by credit safe is accurate and up to date — failure to do so will result in rejection of your submission.

Important note: This requirement is not applicable to sole traders/charities. Sole traders/charities may be required to provide a bankers reference if successful.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

Tenderer’s will be required to provide evidence of having the necessary capacity and capability to deliver the requirements stated within the tender documents.

The below requirements will be requested during the tender process:

Minimum level(s) of standards possibly required:

ESPD Question 4C.1.2 Technical and Professional Ability:

With reference to the nature and details of the services that are the subject matter of this tender, relevant examples are to be provided of the services undertaken by the tenderer in the last 3 years; these examples must demonstrate that you have delivered a relevant and concise service in an area of Scots law which overlaps several areas of law and require strategic, reputational and legal advice.

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 4C.6.1 Technical and professional ability (qualifications):

The tenderer’s legal staff must hold the following educational or professional qualifications:

A current unrestricted membership of the law society.

Note: The requirement for membership to the Law Society is mandatory for all qualified legal staff. Any bids that do not hold this membership will be marked as non-compliant vetting.

The tenderer’s representative with overall responsibility for undertaking the works and the personnel assigned to the supply of the services shall be current unrestricted members of the Law Society.

The tenderer should also provide detail of their confidentiality policy and how this includes all employed staff.

III.2.2)Contract performance conditions:

During the period of the Contract Agreement, the supplier shall monitor and measure their performance against the key performance indicators (KPIs) detailed below:

— quality: category weight (30 %) — contract outcome: 100%,

— cost: category weight (30 %) — invoice accuracy: 100%,

— service: category weight (40 %) — communication: 50%/management information: 50%.

The above KPIs shall make up the balanced scorecard and will be used to score the contractor`s performance. The contract administrator and other relevant stakeholder shall score the contractor against the expected results using the following scores.

4 — Exceeding Expectations (100).

3 — Meeting Expectations (75).

2 — Minor Concerns (50).

1 — Major Concerns (25).

0 — Not Performing (0).

This shall take place using the Public Contract Scotland Tender Contract and Supplier Management portal yearly, half yearly or monthly depending on the overall risk status of the contract. The risk status shall be confirmed at contract award.

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: 20
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: no
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: 30/07/2019
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

Tender must be valid until: 27/02/2020

IV.2.7)Conditions for opening of tenders

Date: 30/07/2019
Local time: 12:00

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 payment will be used

VI.3)Additional information:

Economic operators:

Applicable to OJEU Notices: 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.

Assessment of employment status:

Tenderers may be asked to declare whether they intend to provide services through a Personal Service Company (PSC). From April 2017, the responsibility to pay employment taxes shifts from the PSC to public sector bodies and the Authority must be aware of any successful tenderer’s detailed employment status.

For further information on determining employment status the Government has published guidance on this IR35 Legislation Living Wage.

Tenderers will be asked to confirm if they pay all employees as a minimum the Real Living Wage as published by the Living Wage Foundation for statistical information gathering purposes only.

Equality and diversity:

Tenderers will be required to comply with the statutory obligations under the Equality Act 2010.

Declaration of non-involvement in serious organised crime.

Tenderers must complete and sign a declaration of non-involvement in serious organised crime form.

Subcontractor detail:

Tenderers will be required to provide details of the subcontractors they intend to use in their supply chain. Tenderers are required to complete this section as part of the ESPD.

Data protection:

Tenderers must be aware of their obligations under the data protection act as set out in the contract.

The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 13580

For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

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:

Please state if a community benefit clause is applicable: Yes

If yes please keep the below clause:

It has become clear that there is scope within the EU legal framework which applies to public contracts, to use contracts to deliver wider social benefits such as:

— targeted recruitment and training (providing employment and training opportunities/apprenticeships),

— SME and social enterprise development,

— community engagement.

As part of your response to the quality criteria, tenderers are requested to provide an outline of all community benefits you can offer for this contract.

(SC Ref:587835)

VI.4)Procedures for review

VI.4.1)Review body

Scottish Police Authority
1 Pacific Quay, 2nd Floor
Glasgow
G51 1DZ
United Kingdom
Telephone: +44 1786895916Internet address: http://www.spa.police.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:

20/06/2019

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