Official Legal Services Provider for 2022 Commonwealth Games Limited

The Birmingham Organising Committee of the 2022 Commonwealth Games Limited in partnership with CGF Partnerships Ltd is seeking to appoint an Official Legal Services Provider.

United Kingdom-London: Legal services

2018/S 217-496552

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

The Birmingham Organising Committee for the 2022 Commonwealth Games Limited
100 Parliament Street
London
SW1A 2BQ
United Kingdom
Contact person: Margaret Christensen
E-mail: commercial@culture.gov.uk
NUTS code: UKG31Internet address(es):Main address: www.birmingham2022.com

I.2)Information about joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: http://www.delta-esourcing.com/tenders/UK-UK-London:-Legal-services./8SUXVAP45E

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: http://www.delta-esourcing.com/tenders/UK-title/8SUXVAP45E

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

I.4)Type of the contracting authority

Body governed by public law

I.5)Main activity

Recreation, culture and religion

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Legal Services

Reference number: 101293

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

The Birmingham Organising Committee of the 2022 Commonwealth Games Limited (the “OC”) in partnership with CGF Partnerships Ltd (“CGFP”) is seeking to appoint an Official Legal Services Provider. The outcome of the procurement exercise will be a Services Contract with the OC and CGFP for legal services and a Sponsorship Agreement with CGFP for commercial rights. The areas of law that are required to support the OC include but are not limited to:

— regulatory and legislative advice,

— litigation advice (preparation of court documentation and attendance and representation at court on behalf of Birmingham 2022) and alternative forms of dispute,

— general commercial advice,

— commercial property advice;,

— employment law and pensions,

— general corporate advice,

— sponsorship and commercial rights acquisitions,

— IPR trade marking and brand protection,

— broadcasting,

— ticketing and licensing,

— ceremony production,

— planning advice regarding venue use,

— overlay construction.

II.1.5)Estimated total value

Value excluding VAT: 2 000 000.00 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)

79100000

79110000

79111000

79112000

79130000

79140000

II.2.3)Place of performance

NUTS code: UKG31

NUTS code: UK

Main site or place of performance:

Birmingham, United Kingdom.

II.2.4)Description of the procurement:

This procedure relates to Legal Services within the meaning of Schedule 3 of the Public Contracts Regulations 2015 (PCR 2015). Given that this procedure relates to “social and other specific services” only, it is subject to limited regulation and will be conducted in accordance with Regulations 74 to 76 of PCR 2015. Any references to fully regulated processes or procedures are for ease of reference only and should not be taken as recognition nor acceptance that the same apply in this instance.

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: 2 000 000.00 GBP

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

Duration in months: 48

This contract is subject to renewal: no

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 3

Maximum number: 5

Objective criteria for choosing the limited number of candidates:

The objective criteria for choosing the limited number of candidates will be stated in the Selection Questionnaire at the Pre-qualification stage. The 3-5 applicants achieving the highest weighted scores (resulting from application of the criteria within the pre-qualification evaluation) will be invited to tender (or up to 6 if there is a tie between the 5^th and 6^th ranked scores).

It is envisaged that negotiation will take place in successive stages to reduce the number of bidders, by applying the award criteria stated in the procurement documents, ideally to no more than 3, with whom we will conclude final negotiations.

The OC and CGFP reserve the right to award the contract and sponsorship agreement on the tenders without conducting negotiations.

II.2.10)Information about variants

Variants will be accepted: yes

II.2.11)Information about options

Options: yes

Description of options:

This includes the option to extend the contract for a further 12 months.

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

The estimated value of the services ranges from 1 600 000 GBP to potentially over 2 000 000 GBP.

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

List and brief description of conditions:

Selection criteria as stated in the procurement documents (see the Pre-Qualification Questionnaire Instructions).

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

Execution of the service is reserved to a particular profession

Reference to the relevant law, regulation or administrative provision:

Legal services.

III.2.2)Contract performance conditions:

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

Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Competitive procedure with negotiation

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

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

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated

IV.1.5)Information about negotiation

The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations

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: 07/12/2018

Local time: 12:00

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

Date: 11/01/2019

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: 6 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

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:

The value provided in Section II.2.1) is only an estimate.

The following organisations are authorised and enabled to use the Services Contract with prior permission from the OC and CGF Partnerships:

— the Commonwealth Games Federation PLC,

— Commonwealth Games England,

— Commonwealth Games Associations representing the territories of Scotland, Wales, Northern Ireland, Isle of Man and Jersey.

For more information about this opportunity, please visit the Delta eSourcing portal at:

https://www.delta-esourcing.com/tenders/UK-UK-London:-Legal-services./8SUXVAP45E

To respond to this opportunity, please click here:

https://www.delta-esourcing.com/respond/8SUXVAP45E

GO Reference: GO-2018117-PRO-13512774

VI.4)Procedures for review

VI.4.1)Review body

Royal Courts of Justice
London
WC1A 2LL
United Kingdom

VI.4.2)Body responsible for mediation procedures

Royal Courts of Justice
London
WC1A 2LL
United Kingdom

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

OJEU procedures include a minimum 10 calendar days standstill period at the point information on the award of the Contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Contracting Authority before the Contract is entered into. If an appeal regarding the award of a Contract has not been successfully resolved 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). Any such action must be brought promptly.

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

VI.5)Date of dispatch of this notice:

07/11/2018