External Legal Services Framework for Councils in Scotland

External Legal Services Framework for Councils in Scotland

2 Lots. Commercial, Regulatory and Dispute Resolution – Lot No: 1.

United Kingdom-Aberdeen: Legal services

2019/S 025-055825

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Aberdeen City Council
Woodhill House, Westburn Road
Aberdeen
AB16 5GB
United Kingdom
Telephone: +44 1467530600
E-mail: SInglis@aberdeencity.gov.uk
NUTS code: UKM50

I.1)Name and addresses

Aberdeenshire Council
Woodhill House, Westburn Road
Aberdeen
AB16 5GB
United Kingdom
Telephone: +44 1467530600
E-mail: CPScityshire@aberdeencity.gov.uk
NUTS code: UKM50

I.1)Name and addresses

The Highland Council
Council Headquarters, Glenurquhart Road
Inverness
IV3 5BX
United Kingdom
Telephone: +44 1349886606
E-mail: CPSSprocurement@aberdeencity.gov.uk
NUTS code: UKM62

I.1)Name and addresses

Comhairle nan Eilean Siar
Council Offices, Sandwick Road
Stornoway
HS1 2BW
United Kingdom
Telephone: +44 1851600501
E-mail: contracts@cne-siar.gov.uk
Fax: +44 1851705349
NUTS code: UKM64

I.1)Name and addresses

Shetland Islands Council
Town Hall, Hillhead
Lerwick
ZE1 0HB
United Kingdom
Telephone: +44 1595744595
E-mail: contract.admin@shetland.gov.uk
Fax: +44 1595744509
NUTS code: UKM66

I.1)Name and addresses

Orkney Islands Council
Council Offices, School Place
Kirkwall
KW15 1NY
United Kingdom
Telephone: +44 1856873535
E-mail: procurement@orkney.gov.uk
Fax: +44 1856876158
NUTS code: UKM65

I.1)Name and addresses

Moray Council
High Street
Elgin
IV30 1BX
United Kingdom
Telephone: +44 1343563137
E-mail: procurement@moray.gov.uk
NUTS code: UKM62

I.2)Information about 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: https://www.publiccontractsscotlandtender.gov.uk/search/Search_AuthProfile.aspx?ID=AA00231
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.publiccontractsscotlandtender.gov.uk/search/Search_AuthProfile.aspx?ID=AA00231

I.4)Type of the contracting authority

Regional or local authority

I.5)Main activity

General public services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

External Legal Services Framework

Reference number: 000-YJDG6424

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Provision of legal services.

II.1.5)Estimated total value

Value excluding VAT: 4 030 000.00 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:

Commercial, Regulatory and Dispute Resolution

Lot No: 1

II.2.2)Additional CPV code(s)

79100000
79112000
79130000
79140000

II.2.3)Place of performance

NUTS code: UKM50
Main site or place of performance:

Aberdeen, Aberdeenshire, Inverness, Moray, Shetland, Orkney and Western Isles.

II.2.4)Description of the procurement:

External legal services in the following areas: Commercial Projects, Contracts and Transactions, Commercial Property in relation to complex projects, General Commercial Property, Company law, Regulatory and Local Government Law and Dispute Resolution.

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: 3 800 000.00 GBP

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

Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

Option to extend for up to 24 months.

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:

Pensions and Investments

Lot No: 2

II.2.2)Additional CPV code(s)

79100000
79110000
79111000
79112000
79130000
79140000
66523000
75320000
66523100
66131100
66141000

II.2.3)Place of performance

NUTS code: UKM50
Main site or place of performance:

Aberdeen, Aberdeenshire, Inverness, Shetland, Orkney, Western Isles, Moray

II.2.4)Description of the procurement:

Advice and assistance in relation to:

— pensions law, regulation and practice applicable to the Local Government Pension Scheme in Scotland,

— investment funds and investment management/administration (including cross-border transactions within the EU, with the US, off-shore and in other jurisdictions commonly encountered in investment transactions),

— litigation relating to pension funds and investments,

— all agreements and other documents concerning pensions and investments, including investment management agreements; limited partnership agreements; admission agreements; bond documentation; tender documentation; side letters; powers of attorney; forms of adherence; forms of due diligence; and tax documentation.

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: 230 000.00 GBP

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

Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

Up to 24 months extension option.

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:

Bidders must be a member of the following:

— Member of the Law society of Scotland.

III.1.2)Economic and financial standing

Minimum level(s) of standards possibly required:

Q 4B.1.1

Bidders will be required to have an annual turnover threshold value of two (2) times the value of the Framework (4 000 000 GBP) for the previous three (3) years.

The Authority will also utilise Creditsafe to assist in its determination of the organisations financial status and risk.

Bidder(s) if requested will also be required to provide 2 years audited accounts or equivalent prior to the award of Framework.

Q 4B.5.1

Employer’s liability insurance and public liability insurance in the sum of not less than 5 000 000 GBP in respect of any one incident and unlimited as to numbers of claims; and

Professional indemnity insurance of not less than 10 000 000 GBP in respect of any one incident and unlimited as to numbers of claims.

http://www.hse.gov.uk/pubns/hse40.pdf

III.1.3)Technical and professional ability

List and brief description of selection criteria:

III.1.3 Technical And professional ability

Q4C.1.2

Bidders will be required to provide three (3) examples per lot of a similar scope, size and nature of working directly with local authority or other similar sectors within the last 3 years that demonstrate that they have the relevant experience to deliver the services required.

— the value for each of the three contract(s) carried out,

— the scope of the requirements for these three contracts,

— the organisation that the three contracts were carried out on behalf of,

— reference contacts at the 3 organisations,

— the term of contract (for each of the three contracts).

4.C.6 The following educational and professional qualifications are held by the service provider or the contractor itself:

Registered with the Law Society of Scotland.

Minimum level(s) of standards possibly required:

4.C.6 The following educational and professional qualifications are held by the service provider or the contractor itself:

— Registered with 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:

Must be registered with 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: 8
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: 11/03/2019
Local time: 10:30
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: 4 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 11/03/2019
Local time: 12:00
Place:

Aberdeen

Section VI: Complementary information

VI.1)Information about recurrence

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

2023

VI.2)Information about electronic workflows

Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used

VI.3)Additional information:

The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 12854. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

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 Council is committed to securing meaningful environmental, social and economic value in our procurements and to work with all sectors of the business community in order to achieve increased prosperity. As responsible and ethical buyers, the Council aims to embed the key principles of sustainability into procurement activity for the benefit of society, the economy and the environment. Sustainable procurement provides an extremely effective lever to further local and national priorities.

The Procurement Reform (Scotland) Act 2014 requires local authorities to comply with the sustainable procurement duty and community benefit requirements in all regulated contracts. Aside from meeting statutory requirements, it is the Council’s policy to seek sustainability/community benefits in all procurements.

Community benefits have been requested and will form part of the scored award criteria.

(SC Ref:565530)

VI.4)Procedures for review

VI.4.1)Review body

Aberdeen City Council
Woodhill House, Westburn Road
Aberdeen
AB16 5GB
United Kingdom
Telephone: +44 1467530600Internet address: http://www.aberdeencity.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:

01/02/2019