Legal Services Framework for Government Procurement Service

Legal Services Framework for Government Procurement Service

EDisclosure and Hard Copy Review Services. UK-Liverpool: legal services

2012/S 48-079015

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Government Procurement Service
9th Floor The Capital Old Hall Street
L3 9PP Liverpool
UNITED KINGDOM
Telephone: +44 3454102222
E-mail: supplier@gps.gsi.gov.uk

Internet address(es):

General address of the contracting authority: http://www.buyingsolutions.gov.uk

Address of the buyer profile: https://gpsesourcing.cabinetoffice.gov.uk

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

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

Other: Public Procurement
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:

EDisclosure and Hard Copy Review Services.
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: Primarily in the UK with some limited requirements overseas.
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
maximum number of participants to the framework agreement envisaged: 5
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: 7 000 000,00 GBP
Frequency and value of the contracts to be awarded: The Framework Agreement is for a period of 3 years (36 months) with the Government Procurement Service retaining a prerogative to extend the agreement for a further 12 months period.

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

Government Procurement Service as the Contracting Authority is putting in place a pan government collaborative Framework Agreement for use by UK public sector bodies identified at VI.3 (and any future successors to these organisations), which include Central Government Departments and their Arm’s Length Bodies and Agencies, Non Departmental Public Bodies, NHS bodies and Local Authorities.
Provision of a full end to end suite of services or individual elements in support of eDisclosure exercises (including hard copy document / non-electronic document review and scanning) conducted in the course of civil litigation.
The above Public Sector Bodies have a need for eDisclosure and Hard Copy Review Services. Mandatory Requirements of this Framework Agreement are:
1. Document Identification;
2. Document Preservation and Collection;
3. Document Processing;
4. Document Review;
5. Document Production;
6. Project Management and advice;
7. Dealing with the Disclosure from other parties;
8. Presentation.
The Contracting Authority is seeking suppliers who can act as Prime Suppliers to provide a full suite of services in support of eDisclosure exercises (including hard copy document / non-electronic document review and scanning) conducted in the course of litigation. Although in most cases such services will be required in compliance with the provisions of Part 31 to the CPR and Practice Directions 31A and 31B (“the practice directions”), similar services will also be required in respect of litigation before, among others, the Administrative Court (in the course of judicial reviews), other fora in the England and Wales (including inquests and a variety of civil tribunals), as well as national public inquiries.
No level of usage is suggested or guaranteed: level of use will depend on, among other matters, the nature and number of individual cases, their suitability for eDisclosure, and ultimately the client department’s instructions. Moreover, the particular services to be provided, the extent of those services, and the particular arrangements relating to any such usage would remain to be determined on a case-by-case basis.
II.1.6)Common procurement vocabulary (CPV)

79100000, 79130000

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: 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:

Estimated value excluding VAT:
Range: between 6 000 000,00 and 7 000 000,00 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

Section III: Legal, economic, financial and technical information

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

Participants will be advised if this is necessary during the procurement. Parent company and/or other guarantees of performance and financial liability may be [required by Government Procurement Service] [proposed by participants] if considered appropriate.
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:

No special legal form is required but if a contract is awarded to a consortium, the Contracting Authority may require the consortium to form a legal entity before entering into the Framework Agreement.
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: Candidates will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to an Invitation to Tender (“ITT”).
This procurement will be managed electronically via the Government Procurement Service’s e-Sourcing Suite. To participate in this procurement, participants must first be registered on the e-Sourcing Suite.
If you have not yet registered on the e-Sourcing Suite, this can be done online at https://gpsesourcing.cabinetoffice.gov.uk by following the link ‘Register for GPS e-Sourcing’. Please note that, to register, you must have a valid DUNS number (as provided by Dun and Bradstreet) for the organisation which you are registering, who will be entering into a contract if invited to do so. Full instructions for registration and use of the system can be found at http://www.buyingsolutions.gov.uk/categories/eCommerce/eSourcing/guidance/.

Once you have registered on the e-Sourcing Suite, a registered user can express an interest for a specific procurement. This is done by emailing ExpressionOfInterest@gps.gsi.gov.uk. Your email must clearly state: the name and reference for the procurement you wish to register for; the name of the registered supplier; and the name and contact details for the registered individual sending the email. Government Procurement Service will process the email and then enable the supplier to access the procurement online via the e-Sourcing Suite. The registered user will receive a notification email to alert them once this has been done.

For technical assistance on use of the e-Sourcing Suite please contact Government Procurement Service Helpdesk: Freephone: +44 3454102222 email: info@gps.gsi.gov.uk.

Responses must be published by the date in IV.3.4.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Candidates will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to an ITT.
The ITT can be accessed at https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1.

The Contracting Authority may take into account any of the following information:
(a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;
(c) a statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Candidates will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to an ITT.
The ITT can be accessed at https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1.

The Contracting Authority may have regard to any of the following means in its assessment:
(a) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services provided in the past three years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given: – where the recipient was a contracting authority, in the form of certificates issued or countersigned by the competent authority, – where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator;
(c) an indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(d) a description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking’s study and research facilities;
(e) where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capacities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) the educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) for public works contracts and public services contracts, and only in appropriate cases, an indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last three years;
(i) a statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract;
(j) an indication of the proportion of the contract which the services provider intends possibly to subcontract;
(k) with regard to the products to be supplied: (i) samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so requests; (ii) certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products clearly identified by references to specifications or standards.

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: no
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: no

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:

RM 924
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

23.4.2012 – 11:00
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

in days: 120 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening tenders

Place:

Electronically, via web-based portal.

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

Potential suppliers should note that, in accordance with the UK Government’s policies on transparency, Government Procurement Service intends to publish the Invitation to Tender (ITT) document, and the text of any Framework Agreement awarded, subject to possible redactions at the discretion of Government Procurement Service. The terms of the proposed Framework Agreement will also permit a public sector contracting authority, awarding a contract under this Framework Agreement, to publish the text of that contract, subject to possible redactions at the discretion of the contracting authority. Further information on transparency can be found at: http://www.buyingsolutions.gov.uk/aboutus/transparency/.

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, 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 other 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 agreement.
The duration referenced in Section II.1.4 is for the placing of orders.
The value provided in Section II.1.4 is only an estimate. We cannot guarantee to suppliers any business through this framework agreement.
Government Procurement Service wishes to establish a Framework Agreement for use by the following UK public sector bodies (and any future successors to these organisations):
— Central Government Departments, Executive Agencies and NDPBs http://www.direct.gov.uk/en/Dl1/Directories/A-ZOfCentralGovernment/index.htm.

— Public Corporations.
British Broadcasting Corporation (BBC).
BNFL plc.
Export Credits Guarantee Department.
Nuclear Decommissioning Authority.
Royal Mail Group plc.
United Kingdom Atomic Energy Authority.
Urenco.
Partnerships UK.
Royal Mint.
ABRO.
Defence Aviation Repair Agency (DARA).
Defence Science and Technology Laboratory (Dstl).
Met Office.
UK Hydrographic Office.
Forensic Science Service.
NATS.
Actis Capital LLP.
CDC Group plc.
Working Links Limited.
British Waterways Authority.
Covent Garden Market Authority.
Channel 4.
The Tote.
Ordnance Survey.
QEII Conference Centre.
Northern Ireland Water.
Scottish Water.
— Local Authorities http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/AToZOfLocalCouncils/DG_A-Z_LG).

— NDPBs http://www.civilservice.gov.uk/Assets/PublicBodies2009_tcm6-35808.pdf http://www.civilservice.gov.uk/jobs/Departments-NDPBs-AtoL/A-toF.aspx.

— National Parks Authorities http://www.nationalparks.gov.uk/.

— Educational Establishments in England and Wales, maintained by the Department for Children, Schools and Families including Schools, Universities and Colleges but NOT.
Independent Schools http://www.edubase.gov.uk/search.xhtml;jsessionid=4767F89630A039E98FE593093D577013?clear=true.

— Police Forces in the United Kingdom http://www.police.uk/.

— Fire and Rescue Services (including Scotland, Wales and Northern Ireland) http://www.fireservice.co.uk/information/ukfrs

— NHS Bodies England including Acute Trusts, Ambulance Trusts, Primary Care trusts, Care Trusts, NHS Hospital Trusts, Foundation Trusts, Strategic Health Authorities, Mental Health Trusts, Special Health Authorities, Community Health Councils, Local Health Boards, NHS Trusts, including Ambulance Trusts. (There is also a drill down to NHS Doctors making them ‘easily identifiable’) http://www.dh.gov.uk/en/Aboutus/OrganisationsthatworkwithDH/Armslengthbodies/Categorisationofarmslengthbodies/index.htm http://www.nhs.uk/servicedirectories/Pages/PrimaryCareTrustListing.aspx http://www.general-practitioners-uk.co.uk/

— Hospices.
Hospices in UK including Scotland, Wales and Northern Ireland http://www.hauraki.co.uk/hospice_uk/.

— Registered Social Landlords (Housing Associations) http://portal.tenantservicesauthority.org/ https://www.rsrsurvey.co.uk/RSRDocuments

— Third Sector and Charities http://www.charity-commission.gov.uk/ http://www.hmrc.gov.uk/charities/charities-search.htm http://www.oscr.org.uk/.

— Citizens Advice http://www.citizensadvice.org.uk/index/aboutus/citizens_advice_offices.htm.

— Scottish Public Bodies.
Scottish Government http://www.scotland.gov.uk/Home.

Scottish Local Authorities http://www.scotland-excel.org.uk/customers/index.asp.

Scottish Agencies, NDPBs http://www.scotland.gov.uk/Topics/Government/public-bodies/executive-ndpbs.

Scottish NHS Bodies http://www.scotland.gov.uk/Topics/Health/NHS-Scotland/Boards.

Scottish Further and Higher Education Bodies http://www.sfc.ac.uk/about_the_council/council_funded_institutions/council_funded_institutions.aspx.

Scottish Police http://www.scottish.police.uk/.

Scottish Fire and Rescue http://www.dontgivefireahome.com/fire_safety/1347.html.

Scottish Housing Associations http://www.sfha.co.uk/component/option,com_membersdir/Itemid,149/view,membersdir/.

Scottish Parliament http://www.scottish.parliament.uk/corporate/spcb/index.htm.

The Scotland Office http://www.scotlandoffice.gov.uk/scotlandoffice/10786.html.

Scotland Citizens Advice http://www.cas.org.uk/find-a-bureau/all-scottish-bureaux.

Scottish Schools.
Primary Schools http://www.ltscotland.org.uk/scottishschoolsonline/index.asp?schoolsearchstring=&addresssearchstring=&authority=&strTypes=isprimaryschool&bSubmit=1&Submit=Search.

Secondary Schools http://www.ltscotland.org.uk/scottishschoolsonline/index.asp?schoolsearchstring=&addresssearchstring=&authority=&strTypes=issecondaryschool&bSubmit=1&Submit=Search.

Special Schools http://www.ltscotland.org.uk/scottishschoolsonline/index.asp?schoolsearchstring=&addresssearchstring=&authority=&strTypes=isspecial&bSubmit=1&Submit=Search.

— Welsh Public Bodies National Assembly for Wales, Welsh Assembly Government and Welsh Local Authorities http://www.assemblywales.org/abthome/abt-links.htm http://new.wales.gov.uk/?lang=en http://www.direct.gov.uk/en/dl1/directories/localcouncils/dg_065241.

NHS Wales http://www.wales.nhs.uk/ourservices/directory.

NHS Wales GP Practices http://www.wales.nhs.uk/ourservices/directory.

NI Public Bodies.
Northern Ireland Government Departments http://www.northernireland.gov.uk/gov.htm.

Northern Ireland Public Sector Bodies and Local Authorities http://www.northernireland.gov.uk/az2.htm.

Schools in Northern Ireland http://www.denidata.nics.gov.uk/appinstitutes/instmain.aspx.

Further and Higher Education in Northern Ireland http://www.unixl.com/info/northern-ireland.htm.

Health and Social care in Northern Ireland http://www.hscni.net/index.php?link=hospitals http://www.hscni.net/index.php?link=boards http://www.hscni.net/index.php?link=agencies http://www.hscni.net/index.php?link=councils http://www.centralservicesagency.com/files/currentmedicallists/file/Northern%20Ireland%20Practice%20List.xls.

Police Service of Northern Ireland http://www.police-information.co.uk/police-directory/view.php?id=31&page=0&cat=6&subcat=31&subsubcat=0.

Citizens Advice Northern Ireland http://www.citizensadvice.co.uk/en/Where-We-Are/Bureaus/ http://www.citizensadvice.co.uk/en/About-Us/Contact/.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Government Procurement Service
9th Floor The Capital Old Hall Street
L3 9PP Liverpool
UNITED KINGDOM
E-mail: supplier@gps.gsi.gov.uk
Telephone: +44 3454102222
Internet address: http://www.buyingsolutions.gov.uk

Body responsible for mediation procedures

DRS-CIArb, on behalf of the Chartered Institute of Arbitrators
12 Bloomsbury Square
WC1A 2LP London
UNITED KINGDOM
E-mail: padre@drs-ciarb.com
Telephone: +44 8452707055
Internet address: http://www.padre.org.uk

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. Applicants who are unsuccessful shall be informed by the Authority as soon as possible after the decision has been made as to the reasons why the Applicant was unsuccessful. If an appeal regarding the award of the 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 breach of the rules to take legal action. Any such action must be brought within the applicable limitation period. Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may, depending on the circumstances, award damages, make a declaration of ineffectiveness, order the Authority to pay a fine, and/or order that the duration of the contract be shortened. The purpose of the standstill period referred to above is to allow the parties to apply to the Courts to set aside the award decision before the contract is entered into.
VI.4.3)Service from which information about the lodging of appeals may be obtained

Government Procurement Service
9th Floor The Capital Old Hall Street
L3 9PP Liverpool
UNITED KINGDOM
Telephone: +44 3454102222
Internet address: http://www.buyingsolutions.gov.uk

VI.5)Date of dispatch of this notice:5.3.2012