Health Related Legal Services Tender

Health Related Legal Services Tender

The NHS Litigation Authority (‘NHS LA’) is proposing to establish a framework on behalf of itself and the bodies in section VI.3 for the purposes of procuring health related legal services divided into the following lots.

UK-London: Legal services

2013/S 048-078269

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

NHS Litigation Authority
151 Buckingham Palace Road
Contact point(s): Department of Health
For the attention of: Victoria Eaton
SW1W 9SZ London
UNITED KINGDOM
E-mail: victoria.eaton@dh.gsi.gov.uk

Internet address(es):

General address of the contracting authority: http://www.nhsla.com/Pages/Home.aspx

Address of the buyer profile: http://http://www.dh.gov.uk/en/Aboutus/Procurementandproposals/BMS/index.htm

Electronic access to information: http://http://www.dh.gov.uk/en/Aboutus/Procurementandproposals/BMS/index.htm

Further information can be obtained from: Department of Health
Quarry House
LS2 7UE Leeds
UNITED KINGDOM
E-mail: victoria.eaton@dh.gsi.gov.uk
Internet address: http://www.dh.gov.uk/health/about-us/bms-dh-e-tendering-portal/

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Department of Health
Quarry House
LS2 7UE Leeds
UNITED KINGDOM
E-mail: victoria.eaton@dh.gsi.gov.uk
Internet address: http://www.dh.gov.uk/health/about-us/bms-dh-e-tendering-portal/

Tenders or requests to participate must be sent to: Department of Health
Quarry House
Leeds
UNITED KINGDOM
Internet address: http://www.dh.gov.uk/health/about-us/bms-dh-e-tendering-portal/

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity

Health
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:

Health related legal services
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 21: Legal services
NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement

Framework agreement with several operators
Number of participants to the framework agreement envisaged: 26
Duration of the framework agreement

Duration in years: 4
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 300 000 000 and 400 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

The NHS Litigation Authority (‘NHS LA’) is proposing to establish a framework on behalf of itself and the bodies in section VI.3 for the purposes of procuring health related legal services divided into the following lots:
Lot 1: Clinicial Liabilities
Lot 2: Non Clinical Liabilities
Lot 3: Regulatory, Health and Disciplinary Law
Further information regarding the scope of the lots is contained in the invitation to tender.
Providers must meet certain conditions for participation including as to potential conflicts of interest, performance under earlier contracts and acceptance of proposed contract terms. Once the framework is underway providers will have to meet certain mandatory standards including maintaining professional indemnity cover of not less than GBP 40million each and every claim. Please see the invitation to tender document for further details.
II.1.6)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79140000, 79112100

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

The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots

This contract is divided into lots: yes
Tenders may be submitted for one or more lots
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:
II.2.2)Information about options
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Information about lots

Lot No: 1 Lot title: Clinical Liabilities

1)Short description

Legal advice and assistance arising out of actual or alleged clinical liabilities of Members including but not limited to:
– any claim arising out of a breach or alleged breach of a duty of care by any Member;
– advice in relation to, and representation at, inquests;
– advice on all applicable legislation, regulations and rules etc pertaining to operation of the NHSLA schemes and related issues;
– claims regarding blood transfusions, human tissue, transplants, clinical products and similar matters;
Assistance required will include handling pre-litigation and/or litigation and/or other forms of dispute resolution and advocacy work connected with any of the above.
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79140000, 79112100

3)Quantity or scope

Estimated value excluding VAT:
Range: between 70 000 000 and 80 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Please note the estimated value of this lot is based on a 12 month period.
Lot No: 2 Lot title: Non-Clinical Liabilities

1)Short description

Legal advice and assistance arising out of actual or alleged non-clinical liabilities of Members and/or practitioners, employees and workers of such bodies including but not limited to:
– employers’ liability, public/products liability and professional indemnity (including defamation);
– claims for breach of statutory duty including under EU and UK human rights law;
– claims involving property damage/loss and similar matters;
– claims involving D&O or fidelity guarantee;
– advice in relation to, and representation at, inquests; and health and safety, environmental, consumer protection and data protection cases (whether or not criminal in nature) and other criminal prosecutions;
– advice on all applicable legislation, regulations and rules etc pertaining to the operation of the NHSLA schemes and related issues.
Assistance required will include handling pre-litigation and/or litigation and/or other forms of dispute resolution and advocacy work connected with any of the above.
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79140000, 79112100

3)Quantity or scope

Estimated value excluding VAT:
Range: between 10 000 000 and 15 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Please note the estimated value of this lot is based on a 12 month period.
Lot No: 3 Lot title: Regulatory, Health and Disciplinary Law

1)Short description

Legal advice and assistance in relation to:
– all aspects of medical, healthcare and social care law including mental health, public health, pharmaceutical, biotech and human tissue matters;
– statutory responsibilities and powers, including under the Health Acts and NHS legislation for England, Wales and Northern Ireland;
– the Government of Wales Act and Northern Ireland Act;
– fitness to practise and related issues;
– handling performance concerns about practitioners, including in relation to “maintaining high professional standards in the modern NHS” (“MHPS”);
– primary and specialist care contracts (personal medical services, general medical services);
– all aspects (including specifically Part One) of the Health and Social Care Act 2008 and its supplementary regulations and the Health and Social Care Act 2012;
– the Mental Health Act 1983 and the Mental Capacity Act 2005;
– the Human Fertilisation and Embryology Act 1990, as amended, and associated legislation and regulation;
– human organs, blood and related matters;
– regulatory law in the medical, healthcare, social care, pharmaceutical and related fields, including procedural guidance in relation to other public and professional bodies;
– the Performers List Regulations and on process and procedure for the assessment of practitioners;
– EU and international health law, current and developing;
– appeals against decisions of healthcare and like bodies;
– contracting disputes and like matters in the healthcare and related fields;
– judicial reviews;
– freedom of information , data protection , retention of records and similar issues;
– claims against healthcare and related bodies arising from equalities legislation.
– ex gratia payments to donors who have suffered untoward effects of donation, without negligence.
Assistance required will principally be advisory (non-contentious) but may include handling pre-litigation, litigation and other forms of dispute resolution and advocacy work connected with any of the above, where relevant.
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79140000, 79112100

3)Quantity or scope

Estimated value excluding VAT:
Range: between 2 000 000 and 5 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Please note the estimated value of this lot is based on a 12 month period.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Further information is included in the invitation to tender
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: Further information will be included within the tender documentation
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Further information will be included within the tender documentation
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Further information will be included within the tender documentation
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: Legal Profession
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

Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
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:

58821
IV.3.2)Previous publication(s) concerning the same contract

no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate

2.4.2013 – 16:00
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
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

NHSLA is conducting this procurement on behalf of itself and the following public bodies
– Department of Health
– Care Quality Commission
– Health Protection Agency
– Human Fertilisation and Embryology Authority
– Human Tissue Authority
– Monitor
– Professional Standards Authority
– Health and Social Care Information Centre
– National Institute for Health and Clinical Excellence
– NHS Commissioning Board
– Health Education England
– Public Health England
– Health Research Authority
– NHS Trust Development Authority
– National Treatment Agency for Substance Misuse
– NHS Blood and Transplant
– NHS Institute for Innovation and Improvement
– National Clinical Assessment Service
– Medicines and Healthcare Products Regulatory Agency
– NHS Business Services Authority
– Any and all other entities which are currently, or may at any time during the life of the Framework, become, arm’s length bodies or agencies of the Department of Health.
It is envisaged that the NHSLA will be the preponderant user of Lot 1 and 2 whereas the other bodes will be the greater users of Lot 3.
This procurement exercise will be completed via the DH eTendering portal (BMS) and tenderers wishing to be considered for this must submit their response via BMS. The BMS reference number for this exercise is 58821
Suppliers should visit http://www.dh.gov.uk/en/Aboutus/Procurementandproposals/BMS/index.htm to register and download instructions on how to respond.

If you require assistance, please contact the Supplier Helpdesk on +44 1132545777 or supplier.helpdesk@dh.gsi.gov.uk This helpdesk is available 10:00am to 4:00pm, Monday to Friday excluding Bank Holidays.

Pursant to Government policy on transparency, the NHSLA intends to publish, the Invitation to Tender (ITT) document, and the text of any Framework Agreement, subject to possible redactions at its discretion. Contracts awarded under the Framework may also be published, subject to possible redactions at the discretion of the contracting authorities concerned. Further information on transparency can be found at https://www.gov.uk/government/policies/improving-the-transparency-and-accountability-of-government-and-its-services

This procurement concerns Part B services to which the Public Contract Regulations 2006 (“PCRs”) have only a limited application. Whilst NHSLA is following a process broadly corresponding to an open procedure under the PCR’s, neither that fact nor any other statement, acts or omissions of NHSLA in connection with this procurement should be taken as indicating that it intends to be bound by provisions of the PCR’s or the General Treaty principles of the Treaty on the functioning of the European Union to any greater extend than applies by law.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Public Contracts Regulations 2006 (SI2006 No 5) provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take action in the High Court.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:4.3.2013