Transport for London Legal Services Framework 2018

Transport for London Legal Services Framework 2018

8 Lots. Employment Law – Lot No: 1.

United Kingdom-London: Legal services

2018/S 234-535233

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Transport for London
55 Broadway
London
SW1H 0DB
United Kingdom
Contact person: Mr Chris Gilham
Telephone: +44 2030541462
E-mail: CHRIS.GILHAM@TFL.GOV.UK
NUTS code: UK
Internet address(es):Main address: https://tfl.gov.uk

Address of the buyer profile: https://tfl.gov.uk

I.2)Information about joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://procontract.due-north.com/Opportunities
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://procontract.due-north.com/Opportunities

I.4)Type of the contracting authority

Body governed by public law

I.5)Main activity

General public services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Legal Services Framework — TfL90856

Reference number: DN377014

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Transport for London (TfL) as the Contracting Authority is putting in place a Framework Agreement for legal services. This will be in place for 4 years with an option to extend for 2 further years at the sole discretion of TfL. This procurement relates to legal services which are listed in Schedule 3 of the Public Contracts Regulations 2015 (PCR) as a specific service. This procurement is being conducted under the Light Touch Regime (“LTR”) in accordance with regulations 74 to 77 PCR using a negotiated procedure.

The supplier questionnaire is expected to be made available on 12.12.2019 at https://procontract.due-north.com/Opportunities (after following the link choose Transport for London in the Portals drop down).

II.1.5)Estimated total value

Value excluding VAT: 86 250 000.00 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:

Employment Law

Lot No: 1

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Legal support on contentious and non-contentious employment matters including tribunal cases (from the point of outsourcing to conclusion of the case), EAT claims and specialist advice on industrial relations matters including strategy and disputes.

This lot will be awarded to one supplier because consistency of treatment of all employment related matters is imperative to ensure that any policy work undertaken and advice given fits seamlessly with the operational requirements of the business.

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: 6 000 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 2
Maximum number: 4

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

It is envisaged a maximum of 1 provider will be awarded to this lot.

II.2)Description

II.2.1)Title:

Major Commercial Matters

Lot No: 2

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Legal support on contentious and non-contentious aspects of significant infrastructure projects and other contracts that are large-scale and/or particularly complex.

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: 22 500 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 6
Maximum number: 10

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

It is envisaged a minimum of 6 and a maximum of 9 providers will be awarded on to this lot.

II.2)Description

II.2.1)Title:

Rail Industry Specialists

Lot No: 3

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Legal support on matters specific to the rail industry including industry-specific agreements and regulatory issues, covering commercial and real estate matters, whether contentious or non-contentious.

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: 6 000 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 3
Maximum number: 6

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

It is envisaged a minimum of 3 and a maximum of 5 providers will be awarded on to this lot.

II.2)Description

II.2.1)Title:

Routine Commercial and Real Estate Matters (Contentious and Non-Contentious)

Lot No: 4

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Legal support for routine commercial and real estate matters (which may include compulsory purchase compensation and implementation matters) both contentious and non-contentious falling outside lots 3 and 6.

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: 22 500 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 3
Maximum number: 6

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

It is envisaged a minimum of 3 and a maximum of 5 providers will be awarded on to this lot.

II.2)Description

II.2.1)Title:

Housing

Lot No: 5

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Legal support for the Mayor’s major funding programmes for housing and regeneration, including negotiating grant and loan agreements and advising on wider housing policy issues.

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: 3 000 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 4
Maximum number: 6

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

It is envisaged a minimum of 2 and a maximum of 3 providers will be awarded on to this lot.

II.2)Description

II.2.1)Title:

Complex Property and Commercial Development Matters

Lot No: 6

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Large scale commercial developments and projects, operational and commercial property matters and regeneration.

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: 14 250 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 6
Maximum number: 12

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

It is envisaged a minimum of 6 and a maximum of 8 providers will be awarded on to this lot.

II.2)Description

II.2.1)Title:

Highways and Major Consents Matters

Lot No: 7

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Legal support on highways and consents matters (which may include compulsory purchase compensation and implementation matters).

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: 10 500 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 6
Maximum number: 8

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

It is envisaged a minimum of 4 and a maximum of 6 providers will be awarded on to this lot.

II.2)Description

II.2.1)Title:

Town and Country Planning Matters

Lot No: 8

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Legal support on town and country planning matters (which may include compulsory purchase compensation and implementation matters).

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: 1 500 000.00 GBP

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

Duration in months: 72
This contract is subject to renewal: no

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

Envisaged minimum number: 4
Maximum number: 6

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

It is envisaged a minimum of 2 and a maximum of 4 providers will be awarded on to this lot.

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:

Provision of the services is reserved to a particular profession. Registration with the solicitors regulation authority is required.

III.1.2)Economic and financial standing

Selection criteria as stated in the procurement documents

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:

Provision of the services is reserved to a particular profession. Registration with the solicitors regulation authority is required.

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

Competitive procedure with negotiation

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
In the case of framework agreements, provide justification for any duration exceeding 4 years:

This procurement concerns the establishment of a Framework Agreement with several suppliers. Due to the highly specialised and specific nature of the legal services, the Framework Agreement will be for a term of four years with an option to extend for up to a further two years at TfL’s discretion.

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue

IV.1.5)Information about negotiation

The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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: 18/01/2019
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
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
VI.2)Information about electronic workflows

VI.3)Additional information:

Transport for London (TfL) is a complex organisation operating both as a functional body of the Greater London Authority (GLA) under the direction of the Mayor of London and as a provider of transport services. Further information on TfL may be found at www.tfl.gov.uk.

The contract or contracts (if any) resulting from this call for competition may be awarded by and may be for the benefit of TfL and/or any of its subsidiaries and/or the GLA and/or any of the GLA’s functional bodies and any Mayoral Development Corporation from time to time including (without limitation) the London Legacy Development Corporation and Old Oak and Park Royal Development Corporation.

The Contracting Authority expressly reserves the right:

(i) not to award any contract as a result of the procurement process commenced by publication of this notice and

(ii) to make whatever changes it may see fit to the content and structure of the tendering competition and in no circumstances will the Contracting Authority be liable for any costs incurred by the Candidates.

If the Contracting Authority decides to enter into a Framework Agreement with the successful supplier(s), this does not mean that there is any guarantee of subsequent contracts being awarded. Any expenditure, work or effort undertaken prior to contract award is accordingly a matter solely for the commercial judgement of potential suppliers. Any orders placed under this Framework Agreement will form a separate contract under the scope of this framework between the supplier and the specific requesting contracting body. The Contracting Authority and other contracting bodies utilising the framework reserve the right to use any electronic portal during the life of the Framework Agreement.

Please note all economic operators are required to express their interest by registration on the E-tendering website as listed below. After registering you should look for the opportunity “PSF294202 — Professional Services Frameworks 2 – Transport Planning and Impact Monitoring Services”. Economic operators interested in being considered for this opportunity must express interest by means of completing the Standard Selection Questionnaire detailing their capabilities.

Transport for London (TfL) reserve the right not to consider expressions of interest received after the closing date/time or received by means other than the portal.

TfL reserves the right at any stage to reject or disqualify or revise the pre-qualified status of any tenderer who:

1) Provides information or confirmations which later prove to be untrue or incorrect; and/or

2) Does not submit a tender in accordance with the requirements set out in the procurement documents or as directed by TfL during the procurement process and/or

3) Fulfils any one or more of the criteria detailed in Regulation 57 of the Public Contracts Regulations 2015. This procurement process is being conducted electronically on the e-Tendering portal ProContract from Proactis. The portal can be accessed via the following link:

(https://procontract.due-north.com)

VI.4)Procedures for review

VI.4.1)Review body

Transport for London
55 Broadway
London
SW1H 0DB
United Kingdom
VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

The Contracting Authority will observe a standstill period for a minimum of 10 calendar days from when the contract award notice is issued to bidders. That notice will provide full information on the award decision. The standstill period provides time for unsuccessful bidders to challenge the award decision before the contract is entered into. Any appeal or request for additional information should be sent to the (name and address as in Section I.1). The Public Contracts Regulations 2015 (SI 2015 No. 102) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).

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

VI.5)Date of dispatch of this notice:

04/12/2018

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