Legal Services Tender Bangor

Ards and North Down Council
Town Hall, The Castle
For the attention of: Debbie Bolton
BT20 4BT Bangor
UNITED KINGDOM
Telephone: +44 2891278075
E-mail: debbie.bolton@ardsandnorthdown.gov.uk

Internet address(es):

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

Address of the buyer profile: www.ardsandnorthdown.gov.uk

Electronic access to information: https://e-sourcingni.bravosolution.co.uk

Electronic submission of tenders and requests to participate: https://e-sourcingni.bravosolution.co.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: Ards and North Down Council
Town Hall, The Castle
Contact point(s): Procurement Office
For the attention of: Debbie Bolton
BT20 4BT Bangor
UNITED KINGDOM
E-mail: debbie.bolton@ardsandnorthdown.gov.uk
Fax: +44 28908075
Internet address: https://e-sourcingni.bravosolution.co.uk

Regional or local authority

General public services

Ards and North Down Borough Council Tender for Provision of Legal Services – Re-tendered.

Services
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Ards and North Down Borough.

NUTS code UKN03

The notice involves the establishment of a framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 18

Duration of the framework agreement

Duration in months: 36

Ards and North Down Borough Council have established the need for a framework of legal services providers.
The Council has identified that its legal requirements fall under 6 (six) main areas of expertise and wishes to appoint firms of solicitors to provide advice in the following areas of law:
1. Planning.
2. Land and Property.
3. Employment.
4. Enforcement.
5. Legislative and Procurement.
6. Civil Liability (Litigation).

79110000

The contract is covered by the Government Procurement Agreement (GPA): yes

This contract is divided into lots: yes
Tenders may be submitted for one or more lots

Variants will be accepted: no

The Contract will initially be awarded for a period of one year with an option to extend for a further 2 x 12 month periods, to be reviewed annually.
The Council has identified that its legal requirements fall under 6 (six) main areas of expertise and wishes to appoint firms of solicitors to provide advice in the following areas of law:
1. Planning.
2. Land & Property.
3. Employment.
4. Enforcement.
5. Legislative and Procurement.
6. Civil Liability (Litigation).
The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of law after formal evaluation. Commissions will be offered to the company ranked 1. Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest or (2) the preferred firm not having the capacity to deliver a project within the required timeframe.
The Council will hold the discretion that for large pieces of work, a mini competition may be held and all companies on the relevant Lot will be approached to quote for that particular piece of work.

The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of law after formal evaluation. Commissions will be offered to the company ranked 1. Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest or (2) the preferred firm not having the capacity to deliver a project within the required timeframe.

79100000

The areas in this lot may include but not be limited to the following:
— Provide legal representation at Planning Committee meetings of Ards and North Down Borough Council, this will involve a solicitor attending monthly Planning Committee meetings to provide legal advice to Members.
— Advice on the determination of planning applications including advice on the legal tests for planning conditions and reasons for refusing planning permission.
— Legal representation for prosecution of planning offences, solicitors will normally be expected to contest the case rather than brief Counsel. This will involve initiating and conducting prosecutions in the courts including issuing summonses and injunctions and briefing Counsel when required.
— Advising on all aspects of law, evidence and procedure arising out of or related to each prosecution.
— Provide written feedback to the Council on court outcome within one calendar month following court hearing.
— Legal representation for Area Plan Independent Examinations.
— Legal representation at planning appeals/enforcement appeals (legal representation at planning and enforcement appeals is not normally required but may be occasionally).
— Drafting of legal planning agreements on behalf of Council.
— Advising on discharge of planning agreements;
— Advising on revocation of planning approvals;
— Advice on powers and duties of DOE and the Council regarding regionally significant planning applications.
— Advice on compliance with the relevant requirements of EU and ECHR law arising out of the Shared Environmental Service or related to the above matters.
— Litigation (criminal prosecutions/judicial reviews) arising from the discharge of the Councils planning functions.
— Appoint and brief Counsel whenever necessary. Such engagement will only be at the Council’s prior approval with rates agreed in advance.
— Provide legal service from Monday to Friday (8:00-18:00) exclusive of statutory and customary holidays and on the occasion when urgent circumstances require.
— Provide a legal service outside the standard hours specified above on an exceptional basis when necessary. This advice will be provided at the rates stipulated within their tender submission.
— Provide legal advice on requests made under Freedom of Information and Environmental Information Regulations including data protection advice.
— Advice on compliance with the Northern Ireland Local Government Code of Conduct for Councillors may also be required.
— Liaise closely with Council staff in relation to all advice provided and any other legal matter in relation to the Councils planning functions.

Suppliers Instructions How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once): https://e-sourcingni.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘I agree’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of law after formal evaluation. Commissions will be offered to the company ranked 1. Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest or (2) the preferred firm not having the capacity to deliver a project within the required timeframe.

79100000

The Council may require legal support in all areas surrounding the provision of public services under the Local Government (Northern Ireland) Act 1972, Environmental Law, this may include but are not limited to, waste management and environmental health legislation, regulatory services including the Dogs (NI) Order and Local Government (Miscellaneous Provisions) Order 1985 and the Betting, Gaming and Lotteries Order 1985. The appointed tenderer(s) will be expected to provide legal advice and support.
Enforcement includes litigation and prosecution but applies to all regulatory aspects of enforcement to include but not be limited to environmental health, licensing functions, bye laws, planning and building control.
The Council will require advice and support on Planning and Building Control issues in relation to the Planning (NI) Order 1991 and the Regional Development Strategy 2025 and all of the relevant supporting and enabling legislation.
The Council’s Building Control Department will require support for enforcement under the Building Regulations and the Building Regulations Order, as well as support as required under dangerous building legislation. Advice and support as required for all matters which may arise through the delivery of the Building Control service.

Suppliers Instructions How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once): https://e-sourcingni.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘I agree’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of law after formal evaluation. Commissions will be offered to the company ranked 1. Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest or (2) the preferred firm not having the capacity to deliver a project within the required timeframe.

79100000

The Council will require advice & representation in Civil Liability matters, predominately but not exclusively in the areas of Personal Injury, Property Damage and Professional Indemnity.
This category refers to potential and actual litigation claims under insurance risk headings; primarily Public, Products, Employers, Environmental Impairment, Professional and Officials Indemnity. In addition the Council may seek liability advice from time to time on the potential effect of an actual or proposed act, decision or event. Current policy excesses for PL & EL (referred to as self-insurance) are 50 000 GBP each claim with an annual aggregate limit of 500 000 GBP. The Council has full authority to the limit of this excess. Professional and Officials excess per claim is 5 000 GBP and 25 000 GBP for Environmental Impairment.
Whilst it is envisaged that the majority of representation will be in defence of actions the Council may require representation as the claimant, for example, recovery actions including uninsured loss and property / damage.
Please note: the criteria for cost is 30 % for this lot as it is for lots 1-5 but there is sub criteria within the cost for Lot 6 only as detailed below:
— Verbal Advice — 5 %
— Written Advice — 5 %
— Discount Applicable to ‘Scale of Fees’ –
— County Court — 10 %
— High Court — 10 %
For information, the average annual amount of claims received by the legacy North Down Council was 26 and the average settlement was 2 415 GBP, for the legacy Ards Council, the average annual amount of claims received was 49 and the average settlement was 9 141 GBP.

Suppliers Instructions How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once): https://e-sourcingni.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘I agree’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of law after formal evaluation. Commissions will be offered to the company ranked 1. Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest or (2) the preferred firm not having the capacity to deliver a project within the required timeframe.

79100000

The requirements in this area encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: the acquisition and disposal of land; boundary disputes; creation, user and obstruction of rights of way including Public Rights of Way and Public Path Agreements; right to light; rights of occupation; water rights; adverse possession; trespass; Vesting and compulsory purchase of land; easements and wayleaves; Business Tenancies; common land restrictive covenants; the use of Council land by third parties and the drafting of leases, licences and other legal documents.
The Council may require advice on land and property planning issues which are not covered within Lot 1.
Although there are two separate areas within this lot, it is likely that the requirements will be largely the same for both but council are giving tenderers the option of providing examples as 2 specialist areas.
This lot will include advices and associated actions on:
A. The acquisition of land & property by the Council.
B. The disposal of land & property by the Council.
C. The use of Council land and property.
D. Marketing of land and property.
E. The rental of Council land and property.

Suppliers Instructions How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once): https://e-sourcingni.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘I agree’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of law after formal evaluation. Commissions will be offered to the company ranked 1. Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest or (2) the preferred firm not having the capacity to deliver a project within the required timeframe.

79100000

The advice required by the Council will include the whole of the employment relationship between the Council, its employees and workers from recruitment to termination of contract. The areas in this lot may include but are not limited to the following particular issues which may arise such as, breach of contract; equal pay; unfair dismissal; employment policy and procedure; discrimination in the work place; bullying and harassment; capability; absence from work; occupational health issues; trade unions; industrial action; protection of employees on the transfer of undertakings; redundancy; maternity/paternity/parental leave rights and unlawful deductions from wages. The Council will require advice and support in relation to all aspects of the legal process including Industrial Tribunal and High Court representation, as required.

Suppliers Instructions How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once): https://e-sourcingni.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘I agree’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of law after formal evaluation. Commissions will be offered to the company ranked 1. Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest or (2) the preferred firm not having the capacity to deliver a project within the required timeframe.

79100000

Provision of advice on all legislative matters as and when they arise from any section across the council, this may include but not limited to, policy guidance, procurement rules, equality, corporate governance, transport legislation and policy, freedom of information and data protection.
The appointed tenderer(s) may also be required to prepare construction contracts under JCT, ICE and NEC form of agreement although the majority are now NEC as this is required for funded projects. The Council also requires advice and representation in the following areas: — formation of contracts under EU & UK Public Procurement Regulations, contract formalities, concession agreements, franchises, breach of contract, bringing a contract to an end because of misrepresentation; mistake, enforceability of contracts and agency and determining the remedies available for breach of contract or breach of procurement regulations. The appointed tenderer(s) will also be required to provide advice and legal support in respect of Partnership Agreements.
Tenderers should be aware that there is currently a procurement section within council who are MCIPS qualified and provide strategic and operational support to council for all aspects of the tendering process. Legal advice to council on procurement matters will be of a higher specialist nature such as a judicial review or a complex franchise, not on day to day procurement.
The Council may also require advice on the principles of business and commerce covering matters like trading and sale of goods, bank transactions, insurance disputes, loan and guarantee matters and other things relating to the laws of trade and commerce.

Suppliers Instructions How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once): https://e-sourcingni.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘I agree’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: As detailed below.

Information and formalities necessary for evaluating if the requirements are met: All solicitors nominated to service this contract MUST hold a valid practising certificate of the Law Society of Northern Ireland. Tenderers must complete the provided ‘Professional Qualification Declaration’ to confirm this. Award of the contract will be made subject to this declaration.

Information and formalities necessary for evaluating if the requirements are met:
Company Experience of NI Law in the Area of Law Being Applied For (Pass/Fail)
Applicant organisations must demonstrate their ‘Company Experience’ using the appropriate tables in Document B. Companies must demonstrate that all examples given are of the same scale, scope and complexity as this tender. To demonstrate this experience Tenderers must give 2 (two) examples of previously providing specialist advice in Northern Ireland Law in the area of law being applied for within the last two years, specific dates MUST be provided. Within the last two years is deemed 2 years prior to the closing date of the tender.
Contracts detailed must be of a similar duration to this contract and specific case examples within the contract must be given.
Please restrict your examples to a maximum of 2 (two). Where there is more than one specialist area within the lot, 2 examples may be used per area. Where more than 2 (two) examples per area are provided the Council will make an assessment on only the first 2 (two) examples provided. There are 2 specialist areas in Lot 2, Land and Property and 2 specialist areas in Lot 5, Legislative and Procurement.
Failure to provide the required information will result in your bid being eliminated from the competition. The ‘Company Experience’ table must be completed for each area of law being applied for. (Pass/Fail)
Insurance Requirements (Pass/Fail)
Tenderers are required to possess 10 000 000 GBP Employers Liability Insurance and minimum of 5 000 000 GBP Professional Indemnity Insurance. Tenderers must return a copy of all relevant insurance certificates to confirm the required Insurance is in place, including details of the relevant excesses that apply to each policy. If you do not currently hold the required level of insurance, please provide a letter from your insurance company confirming that the insurance will be in place if awarded the contract. In relation to Lot 3, Employment, an amount of 3 000 000 GBP Professional Indemnity Insurance for any one claim will be accepted.

Execution of the service is reserved to a particular profession: yes
Reference to the relevant law, regulation or administrative provision: As detailed above.

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Open

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

An electronic auction will be used: no

Time limit for receipt of requests for documents or for accessing documents: 29.6.2015 – 15:00
Payable documents: no

29.6.2015 – 15:00

English.

Suppliers Instructions How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once): https://e-sourcingni.bravosolution.co.uk and click the link to register – Accept the terms and conditions and click ‘I agree’ – Enter your correct business and user details – Note the username you chose and click ‘Save’ when complete – You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender – Login to the portal with the username/password – Click the ‘PQQs / ITTs Open To All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) – Click on the relevant PQQ/ ITT to access the content. – Click the ‘Express Interest’ button at the top of the page. – This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box 3. Responding to the tender – Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) – You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification – Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT – There may be a mixture of online & offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

Precise information on deadline(s) for lodging appeals: The Council will incorporate a standstill period at the point information on the award of the contract is communicated to tenderers. That notification will provide full information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.
The Public Contracts Regulations 2015 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).

21.5.2015