Appointment of Legal and Commercial Advisers for Major Project

Appointment of Legal and Commercial Advisers for Major Project

Harrow Council is, as part of its drive for savings for 2015/16, reviewing the shape of its resources functions and considering its delivery options in respect of a number of work streams including, but not limited to: 1. Finance; 2. HR including Health and Safety; 3. Payroll, Pensions and Contracts;
4. Shared Services (AP, AR,SAP, Support.

United Kingdom-Harrow: Legal services

2013/S 172-297765

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Harrow Council
Corporate Procurement Civic 6, Station Road
For the attention of: Mark Johnson
HA1 2XY Harrow
UNITED KINGDOM
Telephone: +44 2084241203
E-mail: mark.johnson@harrow.gov.uk

Internet address(es):

General address of the contracting authority: www.harrow.gov.uk

Address of the buyer profile: www.londontenders.org

Further information can be obtained from: Harrow Council
Internet address: http://www.londontenders.org/

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Harrow Council
Internet address: http://www.londontenders.org/

Tenders or requests to participate must be sent to: Harrow Council
Internet address: http://www.londontenders.org/

I.2)Type of the contracting authority

Regional or local authority
I.3)Main activity

General public 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:

The Appointment of Legal and Commercial Advisers for Major Project.
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Main site or location of works, place of delivery or of performance: Corporate Procurement;
Civic 6;
Station Road;
Harrow HA1 2XY.
NUTS code UKI23

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)

Harrow Council is, as part of its drive for savings for 2015/16, reviewing the shape of its resources functions and considering its delivery options in respect of a number of work streams including, but not limited to:
1. Finance;
2. HR including Health and Safety;
3. Payroll, Pensions & Contracts;
4. Shared Services (AP, AR,SAP, Support);
5. Revenues & Benefits including parking ticket administration and cashiers;
6. IT;
7. Business Transformation;
8. Procurement;
9. Facilities Management.
This review is being run as a project which is known as Project Minerva and is managed by a Project Manager from Harrow and a Project Board.
The delivery options currently under consideration for all the services referred to above include outsourcing, joining an existing shared service centre, partnering with other local authorities and/or transforming the current in house service delivery.
The options analysis needs to be concluded and a decision made by December 2013 to enable savings to be realised as soon as possible.
Harrow wishes to enter into a contract with a single prime adviser who will have contractual responsibility for managing all the elements of legal and commercial advice needed by Harrow on the options analysis, any procurement exercises, mobilisation and ongoing contract management It does not expect one adviser necessarily to have all the necessary expertise and will therefore consider a bid from a primary advisor with a Contractor/Subcontractor relationship or other arrangement provided that this leads to a single contractual relationship with a single contractor who is responsible to the council for the performance of the services.
Harrow has no preference as to whether the prime adviser has expertise and experience in legal services or commercial services although the anticipated value of the legal services element of the contract is greater than the anticipated value of the commercial services
The successful tenderer will be required to provide the full range of legal and commercial services, advice and assistance required with respect to Project Minerva which may include but is not limited to the following:
— General issues relevant to Project Minerva;
— Public law issues including Equalities and consultation;
— Advice on specific work stream requirements;
— General commercial advice;
— General risk management advice;
— Advice on vires and approval issues for Harrow;
— Attendance at Council meetings including Project Board meetings as required;
— Advice on property issues;
— Advice on employment issues including TUPE and Pensions;
— Advice on governance issues;
— Advice on financial and investment issues;
— Advice on company law and incorporation issues;
— Advice on procurement issues;
— Designing Pricing structures, KPIs and price performance mechanism;
— Preparation of any necessary documentation including contract documentation and schedules;
— Evaluation of PQQs and bid documents;
— Support in Negotiations with bidders and their advisers;
— Assistance with debriefings and feedback to unsuccessful bidders.
The successful tenderer will be required to work closely with the Councils in house legal and financial teams.
II.1.6)Common procurement vocabulary (CPV)

79100000, 79110000, 79140000, 79000000, 66171000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots

This contract is divided into lots: no
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:

The scope of Legal and Commercial support required will depend on the outcome of Project Minerva options appraisal.
Work streams include, but not limited to:
1. Finance;
2. HR including Health and Safety;
3. Payroll, Pensions & Contracts;
4. Shared Services (AP, AR,SAP, Support);
5. Revenues & Benefits including parking ticket administration and cashiers;
6. IT;
7. Business Transformation;
8. Procurement;
9. Facilities Management.
The delivery options currently under consideration for all the services referred to above with the exception of IT , which has to be re-procured as detailed below, include outsourcing, joining an existing shared service centre, partnering with other local authorities and/or transforming the current in house service delivery.
The options analysis needs to be concluded and a decision made by December 2013 to enable savings to be realised as soon as possible.
With regard to work stream 6 IT. the initial term of Harrow’s current contract with CAPITA for IT (which is summarised in Appendix B comes to an end in October 2015 and it has already been decided to re-procure this service.
The contract duration will be 10 years with the option to extend for up to a further 5 years. This will cover the post contract support required. There is however no guarantee of through-put or value of purchases.
Estimated value excluding VAT:
Range: between 1 000 000 and 5 000 000 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Duration in months: 180 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:

The Council may require a parent company guarantee and/or a performance bond.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

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

Harrow is seeking contractual arrangements with a single prime contractor and may include supply chain rights over subcontractors to be used where appropriate /applicable.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Under this contract the contractor and its supply chain will be required to actively participate in the achievement of social and/or environmental policy objectives relating to recruitment, training and supply chain initiatives, and sustainable working. Accordingly the contract performance conditions may relate in particular to social and/or environmental considerations.
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: as set out in PQQ.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: On a similar basis to article 47 of directive 2004/18/EC and regulation 24 of the Public Contracts Regulations and as set out in the Pre-Qualification Questionnaire.
Minimum level(s) of standards possibly required: as set out in PQQ
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
On a similar basis to Articles 48 to 50 of directive 2004/18/EC and regulation 25 of the Public Contracts Regulations and as set out in the Pre-Qualification Questionnaire.
Minimum level(s) of standards possibly required:
as set out in PQQ.
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: It is expected that the Lead and sub-contracting organisation will be professional Legal and Commercial advisers. Harrow has no preference as to whether the prime adviser has expertise and experience in legal services or commercial services although the anticipated value of the legal services element of the contract is greater than the anticipated value of the commercial services.
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 number of operators: 5
Objective criteria for choosing the limited number of candidates: The contracting authority intends to invite a maximum of 5 candidates to submit tenders on the basis of the order of ranking of candidates following the evaluation of the PQQ responses. Participants are advised that as legal services (which form the predominant element of the service sought pursuant to this Notice) are a part B Service this is a voluntary OJEU notice and as such is not subject to the obligations of the procurement Directive but are nonetheless subject to the general obligations of transparency ,equal treatment and non discrimination. However this the procedure to be followed is similar to the Restricted process.
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 in the specifications, in the invitation to tender or to negotiate or in the descriptive document
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:

DNWC-9AYHER
IV.3.2)Previous publication(s) concerning the same contract

no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 17.9.2013 – 17:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

17.9.2013 – 17:30
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
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

in days: 180 (from the date stated for receipt of 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
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
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:

3.9.2013