Legal Services Framework Agreement for the University of Lincoln

Legal Services Framework Agreement for the University of Lincoln

The University of Lincoln is seeking tenders for the provision of Legal Services to form a University wide framework including lots comprising of the following: Commercial, Property, Employment/People, Student Focus and Governance/General.

UK-Lincoln: Legal services

2013/S 035-055524

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

University of Lincoln
Brayford Pool
Contact point(s): Procurement department
LN6 7TS Lincoln
UNITED KINGDOM
Telephone: +44 1522886183
E-mail: procurement@lincoln.ac.uk
Fax: +44 1522886699

Internet address(es):

General address of the contracting authority: www.lincoln.ac.uk

Address of the buyer profile: www.in-tendorganiser.co.uk/lincoln

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Body governed by public law
I.3)Main activity

Education
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:

255/ITTO/2013 Legal Services Framework Agreement for the University of Lincoln
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: The University of Lincoln is seeking tenders for the provision of Legal Services to form a University wide framework including lots comprising of the following: Commercial, Property, Employment/People, Student Focus and Governance/General.
NUTS code UKF3

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
Duration of the framework agreement

Duration in years: 3
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 1 700 000 GBP

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

The University of Lincoln is putting in place a framework agreement for use by all University of Lincoln departments for the Provision of Legal Services.
This framework will be broken down into 5 lots comprising of Commercial, Property, Employment/people, Student, Governance.
II.1.6)Common procurement vocabulary (CPV)

79100000, 79140000, 79111000, 79112000, 66513100, 79110000, 79130000

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: 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:

The University plans to divide its legal services requirements into 5 lots:
— Property;
— People and Employment;
— Commercial;
— Student focus;
— Governance/General.
Further Lot information can be found in Annex B.
Estimated value excluding VAT: 1 700 000 GBP
II.2.2)Information about options
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Starting 1.8.2013. Completion 31.7.2016

Information about lots

Lot No: 1 Lot title: Lot 1 Commercial

1)Short description

Commercial Law.
2)Common procurement vocabulary (CPV)

79100000 – QB01 – QB07 – QB13 – QB20 – QB24 – QB26 – QB27 – QB32, 79140000, 79111000, 79112000, 79110000, 79130000

3)Quantity or scope

Typical topics that may arise under this category are:
Contract Law and reviews.
Public Procurement and general tendering.
Contracts and licensing agreements in relation to commercial information.
Copyright issues.
E-commerce.
Competition law.
UK/EU regulations.
Procurement exercises to consider and review contracts and service level agreements with new and existing suppliers, products and services.
Supplier relationship management.
Partnership arrangements to consider the sharing and lease agreements for equipment and services.
Joint venture agreements.
Shareholder agreements.
Subsidiaries set up and winding up.
Finance and banking agreements review.
Review of constitution and legal powers.
Intellectual Property rights and protection.
Dispute resolution with suppliers.
Agent contract development and advice.
Taxation (including VAT).
Banking and insurance.
International Development.
This list is not exhaustive.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 2 Lot title: Lot 2 Property

1)Short description

Property Law.
2)Common procurement vocabulary (CPV)

79100000 – QB02 – QB29 – QB35, 79140000, 79111000, 79112000, 79132000, 79110000, 79130000

3)Quantity or scope

Typical topics that may arise under this category are:
Property law issues including leases, licences and disputes.
Conveyancing and Landlord and Tenant matters.
Acquisition and disposal of freehold and leasehold interests, licences and title reports.
General ad-hoc legal advice on commercial and property law on a day to day basis.
Review of Construction Contract terms and conditions.
Review of warranties to sub-contractors and sub-consultants.
Agreement of contract terms and conditions for construction contracts with any successful contractor.
Dispute resolution.
Public Procurement.
Advice on and completing any S106 and S278 Agreements with the Planning Authority.
Provide, review and complete any consultant agreements for architect, Quantity Surveyors, Structural Engineers and other construction professionals, including warranties.
Lease, license, way leave and purchase/disposal contracts etc to be provided.
Property risks.
Assembly of contracts and agreements for more complicated development deals such as Joint Ventures including Shareholder Agreements, Development Agreements, JV. Company assembly, Construction Contract assembly in a JV and appointment documents for Independent Certifiers etc.
Management of the legal documents in any PFI type deal.
Tenant/lease issues and development of new areas.
Lease development, periodic review and advice relating to.
Dispute resolution with a tenant in breach on their lease.
This list is not exhaustive.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Within Tender documentation.
Lot No: 3 Lot title: Lot 3 Employment and People

1)Short description

Employment and People Law.
2)Common procurement vocabulary (CPV)

79100000 – QB11 – QB12 – QB34 – QB36 – QB37, 79140000, 79111000, 79112000, 79110000, 79130000

3)Quantity or scope

Typical topics that may arise under this category are:
Employment law advice of a general nature.
Employment contracts, severance.
Employment tribunal litigation.
Wider employment litigation in the High Court and at judicial review.
TUPE.
Organisational Change / Change Management.
Disciplinary and grievance.
Pensions.
This list is not exhaustive.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Please refer to tender documents.
Lot No: 4 Lot title: Lot 4 Student Focus

1)Short description

Student focussed legal matters.
2)Common procurement vocabulary (CPV)

79100000 – QB16, 79140000, 79111000, 79112000, 79110000, 79130000

3)Quantity or scope

Typical topics that may arise under this category are:
Contracts, particularly those relating to educational provision involving partner institutions/entities both in the UK and overseas.
Safeguarding issues.
Possible discrimination, particularly around students with disabilities.
Legal view on proposed Policies and Procedures.
This list is not exhaustive.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Please refer to tender documentation.
Lot No: 5 Lot title: Lot 5 Governance and general

1)Short description

Governance and general legal.
2)Common procurement vocabulary (CPV)

79100000 – QB03 – QB05 – QB08 – QB09 – QB10 – QB12 – QB14 – QB16 – QB25 – QB26, 79140000, 79111000, 79112000, 79110000, 79130000

3)Quantity or scope

Typical topics that may arise under this category are:
Potential breach of data protection act compliance and other security incidents.
Legal advice and representation for all health and safety responsibilities.
Information compliance.
Intellectual Property issues and commercialisation, including: template agreement development, bespoke agreements, licensing support, establishment of spin-out and spin-in companies etc.
General litigation including personal injury, Employment, other civil etc.
This list is not exhaustive.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Please refer to tender documentation.

Section III: Legal, economic, financial and technical information

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

Please refer to tender documentation.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Please refer to tender documentation.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Please refer to tender documentation.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
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: Please refer to the Pre Qualification Questionnaire.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please refer to the Pre Qualification Questionnaire.
Minimum level(s) of standards possibly required: Please refer to the Pre Qualification Questionnaire.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Please refer to the Pre Qualification Questionnaire.
Minimum level(s) of standards possibly required:
Please refer to the Pre Qualification Questionnaire.
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.
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: 15
Objective criteria for choosing the limited number of candidates: Please refer to Pre Qualification Documentation.
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:

255/ITTO/2013 Legal Services.
IV.3.2)Previous publication(s) concerning the same contract

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

Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

22.3.2013
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

4.4.2013
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

Organisations must express their interest (by the listed date) through the University’s e-tendering system, having once registered as a supplier on the system:
Please go to: https://in-tendhost.co.uk/Lincoln

Register your company details and attach relevant forms and documents where requested. Once registered, please log in and you will be able to see project 255/ITTO/ Legal Services. There is then an option to express your interest in the project. From there, you will receive updates around the project and gain access to the tender itself.
It is mandatory that all clarifications, correspondence and general communication should all go through this site.

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: Following the tender process and at the point of award, the University of Lincoln will incorporate a minimum 10 calendar day standstill period, the point at which information on the award of the contract or Framework Agreement is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Such additional information should be requested from the address in section 1.1.
If an appeal regarding the award of a contract has not been successfully resolved, the Public Contracts Regulations 2006 (SI 2006 No 5) 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). Any such action must be brought promptly (generally within 3 months).
Non-compliant expressions of interest will not be considered or acknowledged. The University reserves the right to cancel the tender process at any time. The University will not accept any liability for costs incurred in tendering.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:14.2.2013