Nursing and Midwifery Council Legal Services

Nursing and Midwifery Council Legal Services

 Lot 1 — Regulatory legal services Lot 2 — General legal services. 

United Kingdom-London: Legal services

2014/S 178-314910

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Nursing and Midwifery Council
23 Portland Place
Contact point(s): Procurement Department
For the attention of: Procurement Manager
W1B 1PZ London
UNITED KINGDOM
Telephone: +44 2076815941
E-mail: julia.zhang@nmc-uk.org

Internet address(es):

General address of the contracting authority: www.nmc-uk.org

Electronic access to information: https://www.delta-esourcing.com/

Electronic submission of tenders and requests to participate: https://www.delta-esourcing.com/

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

Other: Professional Health Regulator

I.3)Main activity

Health

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:

Nursing and Midwifery Council 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
NUTS code

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

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

Legal services. Legal advisory services. Legal advisory and information services. The Nursing and Midwifery Council (NMC) is the independent regulator of nurses and midwives in the United Kingdom. The NMC is established and governed by the Nursing and Midwifery Order 2001. It is a charity registered in England and Wales (number 1091434) and in Scotland (number SC038362).The NMC’s charitable objective is to safeguard the health and well-being of patients and the public. Its regulatory functions are to:-set and maintain standards of education, training, conduct and performance for nurses and midwives; — maintain a register of nurses and midwives who are permitted to practise in the United Kingdom;-take action where a nurse’s or midwife’s fitness to practise is called into question. The NMC is funded by registration fees paid by nurses and midwives and has an annual turnover of around 65 000 000 GBP. It employs around 600 staff at four locations, three in London and one in Edinburgh. The NMC wishes to appoint providers of legal services for 1 or more of the following Lots and bidders may bid for one or both Lots. Lot 1 — Regulatory legal services Lot 2 — General legal services The NMC is intending through this procurement process to enter into contracts with up to 2 firms per Lot, which shall together constitute its panel for the provision of legal services. The NMC does not commit to exclusive use of the resulting panel, but anticipates that the panel will be used for the majority of its external legal services requirements. Work will be allocated to each appointed panel firm by the instructing officer at the NMC depending on the nature of NMC’s requirements and the capabilities of and value offered by the relevant firms. The NMC will not commit to any minimum spend with each panel firm. If your organisation bids for both Lots, please make sure that you complete a questionnaire for each Lot. The answers to the Generic Questions should be the same for BOTH Lots. Please read PQQ Guidance document carefully before you respond to the PQQ. Bidders must: — Complete all questions in the on-line questionnaire in plain English. — If any of the questions do not apply to your company, please mark them as N/A. — If you do not know the answer please mark as Not known. Please be advised where a maximum word count is requested, please do not exceed the required limit and provide a word count for the answer.

II.1.6)Common procurement vocabulary (CPV)

791000007911100079140000

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 Nursing and Midwifery Council (NMC) is the independent regulator of nurses and midwives in the United Kingdom. The NMC is established and governed by the Nursing and Midwifery Order 2001. It is a charity registered in England and Wales (number 1091434) and in Scotland (number SC038362).The NMC’s charitable objective is to safeguard the health and well-being of patients and the public. Its regulatory functions are to: — set and maintain standards of education, training, conduct and performance for nurses and midwives; — maintain a register of nurses and midwives who are permitted to practise in the United Kingdom;-take action where a nurse’s or midwife’s fitness to practise is called into question. The NMC is funded by registration fees paid by nurses and midwives and has an annual turnover of around 65 000 000 GBP. It employs around 600 staff at four locations, three in London and one in Edinburgh. The NMC wishes to appoint providers of legal services for one or more of the following Lots and bidders may bid for one or both Lots. Lot 1 — Regulatory legal services Lot 2 — General legal services
Estimated value excluding VAT:
Range: between 1 000 000 and 3 000 000 GBP

II.2.2)Information about options

Options: no

II.2.3)Information about renewals

This contract is subject to renewal: no

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

Duration in months: 60 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: Lot 1 — Regulatory Legal Services

1)Short description

Typical subject matters in relation to which the NMC may require regulatory legal advice and services include: Corporate governance: a. Constitutional and governance matters, including vires; b. Charity law; c. Trustee’s duties. Legislative changes: a. Drafting new and amended legislation in accordance with Parliamentary templates and procedures; b. New UK and EU legislation impacting on the NMC; c. Liaison with government solicitors. Regulatory functions: a. Advice regarding the conduct of applications and cases under the NMC’s legislation; b. Regulatory case law; c. Interpretation and application of the NMC’s legislation; d. Human rights, equality, and privacy legislation, in relation to regulatory functions; e. Compliance with EU legislation. Ad hoc litigation services: The NMC has an in house regulatory legal team that is responsible for the conduct of fitness to practise cases and any litigation arising from them. Ad hoc litigation services may be required from time to time, specifically: a. Judicial reviews; b. County Court, High Court, and Sheriff’s Court registration and fitness to practise appeals; c. Public inquiries; d. Equality Act 2010 claims. The NMC reserves the right to allocate ad hoc litigation services outside of this contract, including to other suppliers.

2)Common procurement vocabulary (CPV)

79100000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Lot No: 2 Lot title: Lot 2 — General Legal Services

1)Short description

Typical subject matters on which the NMC may require general legal advice include: Property and estatesa. Acquisitions and disposals; b. Leases, licences, and conveyancing; c. Environmental and planning. Employment and pensionsa. Employment law; b. Equal opportunities; c. TUPE; d. Pensions; e. Health and safety; f. Organizational change/change management; g. Outsourcing/contracting out;Corporate, finance, and commerciala. Public procurement (including IT and telecoms procurement) b. Sale and acquisition of services; c. Banking and insurance; d. Investment management. Information governance: a. Freedom of information; b. Data protection. Litigation: a. Personal injury; b. Employment litigation; c. Other civil litigation (such as property disputes or commercial disputes).

2)Common procurement vocabulary (CPV)

79100000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

If it is considered appropriate by the authority, an indemnity, guarantee, bond or other form of appropriate security may be required.

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

Payments to suppliers will be paid in instalments at key dates agreed between the contractual parties linked to satisfactory delivery and performance of that stage of the contract. Payment will be made 30 days from receipt of a correct and authorised and agreed invoice submitted by the supplier.

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

The Authority reserves the right to require groupings of economic operators to take a particular legal form or to require a single economic operator to take primary liability for a contract to be performed by a group of economic operators or to require each party to undertake joint and several liability in respect of the entire contract irrespective of the form the grouping takes.

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: The Authority will apply all the offences listed in Article 45(1) of Directive 2004/18/EC (implemented as Regulation 23(1) of the Public Contract Regulations (PCR) 2006 in the UK) and all of the professional misconducts listed at Article 45(2) of Directive 2004/18/EC (see also Regulation 23(2) in the PCR 2006) to the decision of whether a Candidate is eligible to be invited to tender.

A full list of the Regulation 23(1) and 23(2) criteria are at http://www.delta-esourcing.com/delta/project/reasonsForExclusion.html#pcr

Candidates will be required to answer these questions as part of the qualification process. For candidates who are registered overseas, you will need to declare if you have any offences/misconduct under your own countries laws, where these laws are equivalent to the Regulation 23 lists.
Candidates who have been convicted of any of the offences under Article 45(1) are ineligible and will not be selected to bid, unless there are overriding requirements in the general interest for doing so.
Candidates who are guilty of any of the offences, circumstances or misconduct under Article 45(2) may be excluded from being selected to bid at the discretion of the Authority.
In accordance with Articles 45 and 46 of Directive 2004/18/EC and Regulation 23 of the Public Contracts Regulations 2006, as set out in the Pre-Qualification Questionnaire available from the address in section I.1

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (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 3 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.
In accordance with Article 47 of Directive 2004/18/EC and Regulation 24 of the Public Contracts Regulations 2006, as set out in the Pre-Qualification Questionnaire available from the address specified in Section I.1.”
Minimum level(s) of standards possibly required: As set out in the Pre-Qualification Questionnaire.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(a) a list of the works carried out over the past 5 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 3 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 3 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.
In accordance with Article 48 of Directive 2004/18/EC and Regulation 25 of the Public Contracts Regulations 2006, as set out in the Pre-Qualification Questionnaire.
Minimum level(s) of standards possibly required:
As set out in 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: 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: 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 minimum number 1: and maximum number 6
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:

RT344

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

13.10.2014 – 13:00
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
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

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement, and the contract will be awarded on the basis of the most economically advantageous tender. To receive the PQQ, bidders must register on Delta eSourcing portal. Bidders must login and complete the questionnaire on-line (https://www.delta-esourcing.com/).To respond to Lot 1 — Regulatory legal services, please click here: https://www.delta-esourcing.com/respond/8A8WZ93673; To respond to Lot 2 — General legal services, please click here: https://www.delta-esourcing.com/respond/588SZ7493M

To view this notice, please click here:

https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=111933991

GO Reference: GO-2014912-PRO-5999691

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Nursing and Midwifery Council
23 Portland Place
W1B 1PZ London
UNITED KINGDOM
Telephone: +44 2076815941

Body responsible for mediation procedures

Nursing and Midwifery Council
23 Portland Place
W1B 1PZ London
UNITED KINGDOM
Telephone: +44 2076815941

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:

12.9.2014