Legal Services Tender Glasgow

Caledonian Maritime Assets Limited wishes to engage one framework provider for Legal Services.
The appointment will commence on 1 August 2014.

United Kingdom-Port Glasgow: Legal services

2014/S 070-120782

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Caledonian Maritime Assets Ltd
Municipal Buildings, Fore Street
Contact point(s): Procurement
For the attention of: Julia Kerr
PA14 5EQ Port Glasgow
UNITED KINGDOM
Telephone: +44 1475749938
E-mail: julia.kerr@cmassets.co.uk
Fax: +44 1475745109

Internet address(es):

General address of the contracting authority: http://www.cmassets.co.uk

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA12082

Electronic access to information: www.publiccontractsscotland.gov.uk

Electronic submission of tenders and requests to participate: www.publiccontractsscotland.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

Body governed by public law

I.3)Main activity

Other: Transport

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

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

Highlands & Islands Airports Ltd

Caledonian Maritime Assets Ltd

Section II: Object of the contract

II.1)Description

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

CMAL0030 Provision of 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
Main site or location of works, place of delivery or of performance: Port Glasgow, Dundee and Inverness.
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 a single operator
Duration of the framework agreement

Duration in years: 2
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 500 000 GBP

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

CMAL0030 Provision of Legal Services.
Caledonian Maritime Assets Limited wishes to engage one framework provider for Legal Services.
The appointment will commence on 1 August 2014. The firm appointed will represent and advise CMAL on all legal matters and HIAL on general legal matters for an initial period of two years, which may be extended for up to two years on an annual basis, subject to mutual agreement of the parties involved.
Queries must be submitted via the Public Contracts Scotland portal.
Queries received through any other channel will not be answered. Should users of Public Contracts Scotland have any problems with the web site they should contact website Support Desk, contact details can be found by following the ‘Contact Us’ option on the left hand menu at http://www.publiccontractsscotland.gov.uk/default.aspx

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems. The postbox closes precisely at the time stated.
Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=298510

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.

II.1.6)Common procurement vocabulary (CPV)

79100000

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:

II.2.2)Information about options

Options: yes
Description of these options: Option to extend for a period of up to two years agreed on an annual basis subject to the agreement of all parties involved.

II.2.3)Information about renewals

This contract is subject to renewal: no

II.3)Duration of the contract or time limit for completion

Starting 1.8.2014. Completion 31.7.2016

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:

Joint and Several Liability.

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: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(2) All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice.
(3) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(1) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract;
It is mandatory that bidders provide evidence of having the necessary capacity and capability to deliver the requirements of the contract. Bidding suppliers should demonstrate their experience in delivering services to customers with similar service profiles to the current requirement by providing two references where they have performed services for clients involved in areas such as transport infrastructure or public service areas or hubs. In particular suppliers must show experience of service provision for customers having ports & harbours, marine and vessel legal services requirements.
It is a mandatory requirement to evidence competence that suppliers confirm the practice has retained a minimum of 2 lead professionals (at least Senior Associate or equivalent) with more than 5 years post qualification experience consistently over the last three years for who are familiar with the type of work required. Please evidence by attaching CVs.
It is mandatory that any sub-contractor can show minimum experience requirements of providing legal services to at least one reference customer where they have performed services for clients involved in areas such as transport infrastructure or public service areas or hubs.

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: It is a mandatory requirement that suppliers must have demonstrable capability to practice Scots law in the jurisdiction of Scotland and fall within the regulatory control of The Law Society of Scotland. Please provide copy accreditation or equivalent. Please provide details of all solicitors in your firm that are Law Society Accredited Specialists.

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 below

1. Price. Weighting 40

2. Quality, demonstrating ability to provide Activity Types and management of sub-contracted specialisms; Ability to meet Service Level Expectations; Response to Scenarios. Weighting 25

3. Ability to provide Service Requirements, demonstrating Level of service including application of Client Care Policy; Resources and application of resources to ensure value for money, quality consistency and continuity of knowledge; Management of Conflicts of Interest; Ability to provide out of hours contact; Complaint Handling. Weighting 20

4. Ability to Meet Service Commitments, demonstrating Turnaround Times; Document Management; Escalation Procedure. Weighting 15

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:

CMAL0030

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

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

16.5.2014 – 12:00

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

until: 31.7.2014

IV.3.8)Conditions for opening of tenders

Date: 16.5.2014 – 12:00
Place:

Port Glasgow.

Section VI: Complementary information

VI.1)Information about recurrence

VI.2)Information about European Union funds

VI.3)Additional information

Submissions can be created and submitted up to the stated tender deadline. Once the deadline has passed submissions can neither be created nor submitted. It is not advisable for Suppliers to wait until the last moment before creating and dispatching a response in case of any last minute problems. Please note large files should be uploaded as early as possible to ensure transfer before deadline. If a Supplier is having problems uploading to the PCS site, then CMAL must be informed well in advance and depending upon the merit of the case, CMAL may arrange for the tender to remain open on the PCS system for a short period after the deadline time stated. System problems do not fall under CMAL’S remit and should be referred to PCS. Suppliers may upload more than one submission if size of submission is an issue. Suppliers are limited to 10Mb per file and 30Mb in total per submission. So for example if a supplier has 90Mb to upload then could do it in 3 submissions and provided the supplier relates the submission together, for example it is 1 of 3 etc. then we will add the submissions together at opening. If suppliers have any problems with upload please contact the PCS Helpdesk.
Postbox Security: Postbox submissions cannot be accessed by anyone, including Millstream, (the provider of the Public Contracts Scotland system) until the deadline.
All information submitted to CMAL may need to be disclosed and/or published by CMAL in compliance with the Freedom of Information (Scotland) Act, 2002 (FoISA). Even where you have indicated that information is commercially sensitive, CMAL may disclose this information where it sees fit, so that CMAL’s statutory observations are met. Receipt by CMAL of any material marked ‘confidential’ or equivalent should not be taken to mean that CMAL accepts any duty of confidence by virtue of that marking.
(SC Ref:298510)

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

VI.4.2)Lodging of appeals

VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

4.4.2014