NHS Commercial Solutions Legal Services Framework

Framework for panel of suitably experienced and qualified suppliers of legal services.

United Kingdom-Dorking: Legal services

2018/S 219-501674

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Surrey and Borders Partnership NHS Foundation Trust, on behalf of NHS Commercial Solutions
The Atrium, Curtis Road.
Dorking
RH4 1XA
United Kingdom
Telephone: +44 1306646822
E-mail: derek.howe@nhs.net
NUTS code: UKJ2

Internet address(es):Main address: http://www.commercialsolutions-sec.nhs.uk/

I.2)Information about joint procurement

The contract is awarded by a central purchasing body

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://commercialsolutions.bravosolution.co.uk/

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: https://commercialsolutions.bravosolution.co.uk/

Tenders or requests to participate must be submitted to the abovementioned address

I.4)Type of the contracting authority

Regional or local authority

I.5)Main activity

Health

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Framework Agreement for the Provision of Legal Services

Reference number: 4824-3068

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

NHS Commercial Solutions is seeking to procure, through a Framework Agreement, a panel of suitably experienced and qualified suppliers of legal services to provide expert guidance to NHS and, potentially, other public sector organisations.

The Framework Agreement will be available to all organisations (each, a “Participating Authority”) identified in Sections II.2.4 and II.2.11 of this Contract Notice.

II.1.5)Estimated total value

Value excluding VAT: 40 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: no

II.2)Description

II.2.1)Title:

II.2.2)Additional CPV code(s)

79110000

79130000

79140000

II.2.3)Place of performance

NUTS code: UK

Main site or place of performance:

At the customer’s premises or the supplier’s premises.

II.2.4)Description of the procurement:

The purpose of this procurement is to facilitate, through a Framework Agreement, the provision of legal services, on any of

(i) a case by case basis;

(ii) a periodical basis (e.g., a 12 month period);

iii) a retainer basis or

(iv) in support a specific identified project.

The categories of law for which services are expected to be required for include, but are not necessarily limited to:

— commercial and corporate,

— employment,

— property,

— health,

— primary care,

— mental health,

— healthcare projects (including PFI, PPP, joint ventures and Local Improvement Finance Trust (LIFT) schemes),

— NHS Governance and Public Law.

The estimated total value of contracts awarded under the Framework Agreement is expected to be between 25 000 000 GBP and 40 000 000 GBP. However, interested parties should note that the Framework Agreement is not a guarantee of work and the Contracting Authority makes no commitment by any party to the use of the agreement nor the estimated value.

Subject to approval from the Contracting Authority, the public sector bodies eligible to use the Framework Agreement include, in particular, the following in the United Kingdom and their respective statutory successors and organisations created as a result of re-organisations or organisational changes, and any private sector entities having similar procurement needs:

— the NHS in England (National Health Service for the United Kingdom) including but not limited to:

—— Foundation Trusts,

—— Acute (Hospital) Trusts,

—— Ambulance Trusts,

—— Mental Health Trusts,

—— Care Trusts listed at: https://www.nhs.uk/servicedirectories/pages/nhstrustlisting.aspx

— Clinical Commissioning Groups: https://www.nhs.uk/ServiceDirectories/Pages/CCGListing.aspx

— Area Teams: https://www.nhs.uk/ServiceDirectories/Pages/AreaTeamListing.aspx

— Special Health Authorities: http://www.nhs.uk/ServiceDirectories/Pages/SpecialHealthAuthorityListing.aspx

— NHS Improvement: https://improvement.nhs.uk/

— Department of Health: https://www.gov.uk/government/organisations/department-of-health

— Arm’s Length Bodies: https://www.gov.uk/government/publications/how-to-contact-department-of-health-arms-length-bodies/department-of-healths-agencies-and-partner-organisations

— Sustainability and Transformation Partnerships (STPs) and their individual constituent organisations:

https://www.england.nhs.uk/stps/view-stps/

— NHS England: https://www.england.nhs.uk/

Other organisations involved in commissioning and/or overseeing general practitioner services, GP consortia, GP practices and any other provider of primary medical services:

(a) who are a party to any of the following contracts:

— General Medical Services (GMS),

— Personal Medical Services (PMS),

— Alternative Provider Medical Services (APMS) and/or

(b) commissioned by NHS England or other organisations involved in commissioning or overseeing general practitioner services, as described above.

The NHS in Wales, Scotland and Northern Ireland including but not limited to:

— primary care services,

— GPs,

— pharmacies,

— dentists and optometrists,

— Hospital services and

— community services, including those provided through community health centres and mental health services at:

NHS Wales (National Health Service for Wales): including but not limited to Welsh Health Boards, NHS Trusts and Public Health Wales: http://www.wales.nhs.uk/nhswalesaboutus/structure

NHS Scotland (National Health Service for Scotland) including but not limited to Regional NHS Boards, Special NHS Boards and public health body at: http://www.scot.nhs.uk/organisations/

Health and Social Care Services in Northern Ireland: (National Health Service for Northern Ireland) including but not limited to Health Trusts, Social Care Board and other HSC Agencies: http://online.hscni.net/

Social Enterprise UK: https://www.socialenterprise.org.uk

And those organisations further listed at II.2.11

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 40 000 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: no

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes

Description of options:

Continued from II.2.4

Local Authority Councils in England, Scotland and Wales:

— county,

— unitary,

— district,

— borough and

— metropolitan councils (parish/community councils),

— Local Councils in England,

— Scotland and Wales: https://www.gov.uk/find-local-council

Local authority Councils in Northern Ireland: https://www.nidirect.gov.uk/contacts/local-councils-in-northern-ireland

Isle of Man (IoM) Government and associated IoM based public bodies, including all IoM Government Departments and Cabinet Office, including but not limited to:

— Department of Health and Social Care: https://www.gov.im/about-the-government/departments/health-and-social-care/

— the States of Jersey Government and administration including all Government Departments including but not limited to: Health and Social Services: https://www.gov.je/Government/Departments/HealthSocialServices/Pages/index.aspx

— the States of Guernsey (Parliament and government) including but not limited to the Committee for Health and Social Care: https://www.gov.gg/article/152954/Health-and-Social-Services-Department

— UK Police Forces in England, Northern Ireland, Scotland and Wales including National Special Police Forces. https://www.police.uk/forces/

— England Fire and Rescue Services http://www.fire.org.uk/fire-brigades.html

— Scottish Fire and Rescue Services http://www.firescotland.gov.uk/your-area.aspx

— Welsh Fire and Rescue Services http://gov.wales/topics/people-and-communities/communities/safety/fire/localservices/?lang=en

— Northern Ireland Fire and Rescue Service https://www.nifrs.org/areas-districts/

— UK Maritime and Coastguard Agency https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/access-and-opening

— Registered Charities in England and Wales: https://www.gov.uk/find-charity-information

— Registered Charities in Scotland: https://www.oscr.org.uk/charities

— Registered Charities in Northern Ireland: http://www.charitycommissionni.org.uk/charity-search/

II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation

III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

III.1.2)Economic and financial standing

Selection criteria as stated in the procurement documents

III.1.3)Technical and professional ability

Selection criteria as stated in the procurement documents

III.1.5)Information about reserved contracts

III.2)Conditions related to the contract

III.2.1)Information about a particular profession

III.2.2)Contract performance conditions:

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Open procedure

IV.1.3)Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement

Framework agreement with several operators

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue

IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: yes

IV.2)Administrative information

IV.2.1)Previous publication concerning this procedure

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 10/12/2018

Local time: 12:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 3 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 10/12/2018

Local time: 12:00

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

VI.3)Additional information:

VI.4)Procedures for review

VI.4.1)Review body

Surrey and Borders Partnership NHS Foundation Trust, on behalf of NHS Commercial Solutions
The Atrium, Curtis Road
Dorking
RH4 1XA
United Kingdom

VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

The Contracting Authority will incorporate a voluntary standstill period at the point information on the award of the contract is communicated to bidders. 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.

Bidders 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).

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

09/11/2018