Supply Legal Services to NHS

Supply Legal Services to NHS

To establish a framework agreement to provide legal services as per the lots specified on a national basis. This framework will also be lotted by region. NHS Governance and Law. Primary Care Services. Healthcare Law. Mental Health Law. Employment Law.

UK-Salford: Legal services

2013/S 094-160379

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

NHS Shared Business Services Ltd (NHS SBS)
Halyard Court, 31 Broadway, The Quays
For the attention of: Sarah Golby
M50 2UW Salford
UNITED KINGDOM
Telephone: +44 1612123716
E-mail: sarah_golby@nhs.net

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

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

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

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:

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: Primarily the UK.
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 several operators
Duration of the framework agreement

Duration in years: 4
Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 130 988 140 GBP

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

To establish a framework agreement to provide legal services as per the lots specified on a national basis. This framework will also be lotted by region.
NHS Governance & Law
Primary Care Services
Healthcare Law
Mental Health Law
Employment Law
Contract and Commercial Law
Property Law
Construction
IT, Telecommunications & E-commerce
Corporate Finance & PFI/PPP projects including LIFT schemes
The duration of this framework agreement is for 2 years with an option to extend the agreement for an additional 2 years.
NHS Shared Business Services (NHS SBS) wishes to establish a framework agreement for use by or on behalf of current and future NHS SBS clients, including without limitation (I) any national health service (NHS) trust, (II) other persons and bodies exercising NHS functions or otherwise providing NHS services (including, but not limited to primary care trusts, strategic health authorities and foundation trusts) (being other NHS entities), (III) other UK public sector bodies providing non-health services , (IV) private sector entities in the UK and Isle of Man public services sector. (see section VI.3, Additional Information)
II.1.6)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

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:

This framework agreement aims to provide the appropriate infrastructure to support the legal service requirements in the following lots on a national basis. This will also be lotted on a regional basis.
NHS Governance & Law
Primary Care Services
Healthcare Law
Mental Health Law
Employment Law
Contract and Commercial Law
Property Law
Construction
IT, Telecommunications & E-commerce
Corporate Finance & PFI/PPP projects including LIFT schemes
II.2.2)Information about options

Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Duration in months: 48 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: NHS Governance & Law

1)Short description

Subject matter which might typically arise under this category are:
— NHS Structure, Power, Statutes and guidance,
— Corporate Governance,
— Clinical Governance,
— Information Governance,
— Research Governance,
— Foundation Trust (Authority) constitution advice,
— Criminal prosecutions,
— Public Consultation,
— Judicial review,
— Internal & public enquiries,
— Policies and procedures,
— Human Rights Act 1998,
— Freedom of Information,
— Policies, Procedures and Reports to the Board,
— Disclosure of Information.
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

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: Legal Services – Primary Care Services

1)Short description

Subject matter which might typically arise under this category are:
– Primary Care Practitioners
– Prison Health
– Primary Care Fraud
– Commissioning
– Continuing Care and Funding
– Care Homes
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 3 Lot title: Healthcare Law

1)Short description

Subject matter which might typically arise under this category are:
– Consent to treatment cases
– Inquests
– Capacity
– Children Act issues
– Risk management
– Claims management and clinical negligence
– Coroner enquiries and reports
– Complaints advice
– Witness Statements
– Retention of Organs
– Confidentiality
– Criminal prosecutions
– Immigration
– Patient mobility
– Community provision
– Inquests
– Human Rights
– Withdrawal of Treatment
– Discharge of Patients
– Patient Property
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 4 Lot title: Mental Health Law

1)Short description

Subject matter which might typically arise under this category are:
– Mental Health Legislation
– Mental Health Review Tribunals
– Homicide/ suicide inquiries and inquests
– Coroner enquiries and reports
– Capacity NHS Trusts and PCTs
– Detention and Discharge
– Patients’ Property
– Inquests
– Human Rights Act 1998
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 5 Lot title: Employment Law

1)Short description

Subject matter which might typically arise under this category are:
– Employment Law Advice
– Employment Tribunals
– HR Policies
– Pensions
– Employment Agencies and bank staff
– Organisational Change
– Disciplinary and Appeal – All staff
– Health professional practice advice
– Discrimination
– Independent Sector
– Employment Governance
– Employee Payments
– Employment Relationship Advice
– Immigration Issues
– Other Legislation and case law
– Updates
– TUPE
– Health & Safety
– Organisational Change/ Change Management
– Outsourcing/ Contracting out
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 6 Lot title: Contract & Commercial Law

1)Short description

Subject matter which might typically arise under this category are:
– Non-legally binding Service Level Agreements between NHS bodies
– Contracts with other public sector bodies
– Contracts with private sector bodies
– Public procurement Law
– Competition Law (excluding telecoms & IT sectors)
– Income generation and/ or Private Patients
– Charitable Trusts
– Intellectual Property
– Commercial Disputes and Litigation Confidentiality
– Property aspects of commercial transactions and joint ventures
– Non-legally binding Service Level Agreements between NHS bodies
– Contracts with other public sector bodies
– Contracts with private sector bodies
– Public procurement Law
– Competition Law (excluding telecoms & IT sectors)
– Income generation and/ or Private Patients
– Charitable Trusts
– Intellectual Property
– Commercial Disputes and Litigation Confidentiality
– Property aspects of commercial transactions and joint ventures
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 7 Lot title: Property Law

1)Short description

Subject matter which might typically arise under this category are:
– Acquisitions and disposal of property
– Landlord & Tenant related matters
– Leases and licences to use land
– Knowledge of LeasePlus and Underlease Plus Resolution Agreements
– Rent Reimbursement Provisions and Directions
– Premises Act rent & rates reimbursement schemes for GP Practices
– Reports on Title
– Site developments
– Property aspects of commercial transactions and joint ventures
– Town and Country Planning Advice/ Planning Rules knowledge
– Environmental law advice
– Estate code and general estate management advice
– Property and construction disputes
– Building contract advice
– Mediation/ Dispute resolution
– Surplus land requirements
– Restrictive covenants/ boundary issues
– Advice in connection with Critchel Down Rules
– Capital Charges, insurance and compliance with relevant protocols by the DOH
– Road Closures
– Enabling Works Contracts
– LIFT
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 8 Lot title: Construction

1)Short description

Subject matter which might typically arise under this category are:
– Construction Contracts (including standard form)
– Construction (including defects liability, collateral warranties, bank and surety bonds, professional appointments and procurement)
– PPPs (Public Private Partnerships)
– Health & Safety (specifically relevant to the construction industry)
– Infrastructure Projects
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 9 Lot title: IT, Telecommunications & E-commerce

1)Short description

Subject matter which might typically arise under this category are:
– E-commerce
– Data protection
– Confidentiality
– PPPs
– IT Contracts and Licences
– Software Licences
– IT/ Telecoms procurement
– Convergent technologies and the internet
– Competition Law (relevant to the IT/ Telecoms sectors)
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 10 Lot title: Corporate Finance & PFI/PPP Projects including LIFT Schemes

1)Short description

Subject matter which might typically arise under this category are:
– Borrowing and investing
– Project Finance
– Establishing corporate vehicles
– Public procurement law
– Drafting and contributing to project documentation
– Project planning
– Drafting, negotiating and agreeing legal documentation
– Banking and Finance
– Advice and documentation on property issues
– General legal advice and assistance
– Advice and documentation on HR issues
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79130000, 79140000

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:

Details will be included in the procurement documentation available for download from EU supply eTendering portal: https://nhssbs.eu-supply.com.

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

Details will be included in the procurement documentation available for download from EU supply eTendering portal: https://nhssbs.eu-supply.com.

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

Details will be included in the procurement documentation available for download from EU supply eTendering portal: https://nhssbs.eu-supply.com.

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: This procurement exercise will be conducted on the EU supply eTendering portal at: https://nhssbs.eu-supply.com

Candidates wishing to be considered for this agreement must register their expression of interest and provide additional procurement specific information through this portal.
To register interest:
1) go to “Current Tender Opportunities” from the eTendering portal login page: https://nhssbs.eu-supply.com;

2) find the tender listed and click on the title. This will take you to the letter of invitation;
3) if you are not a registered user of EU Supply follow the ‘Online registration’ link otherwise follow the ‘Login’ link and enter username and password;
4) once logged in ‘Accept’ the invitation to register your interest in the opportunity. You will then be taken direct to the tender response screen;
5) go to the ‘Access Documents’ folder on the response screen to view and download tender documentation.
Further guidance on how to access and respond to the opportunity is available in the ‘Quick Guide for Suppliers’ which is available for downloading from the main portal login page: https://nhssbs.eu-supply.com

(follow link: ‘Quick Guide for Suppliers’).
For any support in submitting your response please contact EU Supply Helpdesk at support@eu-supply.com (Tel: 0800 840 2050) quoting the tender ID number.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Details will be included in the procurement documentation available for download from EU supply eTendering portal: https//nhssbs.eu-supply.com.
Minimum level(s) of standards possibly required: Details will be included in the procurement documentation available for download from the portal.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Details will be included in the procurement documentation available for download from EU supply eTendering portal: https//nhssbs.eu-supply.com.
Minimum level(s) of standards possibly required:
Details will be included in the procurement documentation available for download from the portal.
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: no

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

Objective criteria for choosing the limited number of candidates: Please refer to pre-qualification questionnaire (PQQ) for further information.
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:

SBS/13/SG/ZWS/8355.
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

13.6.2013 – 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
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 duration referenced in Section II 1.4 is for the placing of orders.
The value provided in Section II 1.4 is only an estimate. We cannot guarantee to successful suppliers any business through this framework agreement. Spend and volumes may vary throughout the life of the framework agreement from the anticipated levels given in this notice.
NHS Shared Business Services (SBS) wishes to establish a Framework Agreement for use by the following UK, Isle of Man and Scottish bodies (and any future successors to these organisations) subject to the approval of NHS SBS:
Public sector bodies, including any statutory and other successor organisations to any of the foregoing and in addition any other commissioners (whether alone or jointly with any other organisation), providers and regulators of NHS funded (either in whole or in part) services including practice based commissioning consortia, general practice commissioning consortia, the National Commissioning Board (and all sub national offices including any body obtaining new membership to NHS Shared Business Services Ltd).
This includes but is not limited to the following NHS Trusts:-
5 Boroughs Partnership NHS Trust, Aintree University Hospitals NHS Foundation Trust, Alder Hey Childrens NHS Foundation Trust, Ashton, Leigh And Wigan NHS, Bolton PCT, Blackpool Teaching Hospitals NHS Foundation Trust, Bridgewater Community Healthcare NHS Trust, Calderstones Partnership NHS Foundation Trust, Central and Eastern Cheshire PCT , Central Manchester University Hospitals NHS Foundation Trust, Christie Hospital NHS Foundation Trust, Cumbria Partnership NHS Foundation Trust, East Cheshire NHS Trust, East Lancashire Hospitals NHS Trust, East London NHS Foundation Trust, Great Western Hospitals NHS Foundation Trust, Greater Manchester West Mental Health NHS Foundation Trust , Lancashire Care NHS Foundation Trust, Liverpool Community Health NHS Trust, Liverpool Primary Care Trust , Manchester Mental Health & Social Care Trust, Mersey Care NHS Trust, Mid Staffordshire NHS Foundation Trust, NHS Ashton Leigh & Wigan , NHS Blackburn with Darwen Teaching Care Trust Plus, NHS Blackpool, NHS Bury, NHS Central Lancashire, NHS Cumbria, NHS East Lancashire, NHS Halton & St Helens, NHS Heywood, Middleton & Rochdale, NHS Knowsley, NHS Manchester, NHS North Lancashire, NHS North Staffordshire, NHS North of England, NHS Salford, NHS Sefton, NHS Stockport, NHS Stoke on Trent, NHS Warrington, NHS Western Cheshire, North Cumbria University Hospitals NHS Trust, North Staffordshire Combined Healthcare NHS Trust, North West Ambulance Service NHS Trust , Oldham Primary Care Trust, Pennine Care NHS Foundation Trust, Royal Bolton Hospital NHS Foundation Trust, Salford Royal NHS Foundation Trust, Southport and Ormskirk Hospital NHS Trust, St. Helens and Knowsley Teaching Hospitals NHS Trust, South Staffordshire PCT, Staffordshire & Stoke On Trent Partnership NHS Trust, Tameside & Glossop Primary Care Trust, Tameside Hospital NHS Foundation Trust, Trafford Primary Care Trust, University Hospital of North Staffordshire NHS Trust, University Hospital of South Manchester NHS Foundation Trust, University Hospitals of Morecambe Bay NHS Trust, Wrightington Wigan & Leigh NHS Foundation Trust.
In addition the following public sector bodies will be able to use the Framework subject to the approval of NHS SBS:
Central Government Departments, Executive Agencies and NDPBs (see http://www.civilservice.gov.uk/jobs/Departments-NDPBs-AtoL/A-to-F.aspx http://www.civilservice.gov.uk/Assets/PublicBodies2009_tcm6-35808.pdf http://www.direct.gov.uk/en/DI1/Directories/A-ZOfCentralGovernment/index.htm.

National Health Service (NHS) bodies, including:
Acute Trusts: http://www.nhs.uk/ServiceDirectories/Pages/AcuteTrustListing.aspx

Primary Care Trusts: http://www.nhs.uk/servicedirectories/Pages/PrimaryCareTrustListing.aspx

Mental Health Trusts: http://www.nhs.uk/ServiceDirectories/Pages/MentalHealthTrustListing.aspx

Ambulance Trusts: http://www.nhs.uk/ServiceDirectories/Pages/AmbulanceTrustListing.aspx

Care Trusts: http://www.nhs.uk/ServiceDirectories/Pages/CareTrustListing.aspx

Strategic Health Authorities: http://www.nhs.uk/ServiceDirectories/Pages/StrategicHealthAuthorityListing.aspx

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

other English NHS bodies: http://www.nhs.uk/servicedirectories/Pages/ServiceSearch.aspx

Arms Length Bodies: http://www.dh.gov.uk/en/Aboutus/OrganisationsthatworkwithDH/Armslengthbodies/Categorisationofarmslengthbodies/index.htm

The NHS Commissioning Board and other organisations involved in commissioning or overseeing General Practitioner services and GP consortia which will be responsible for commissioning most aspects of NHS care (or equivalent body/bodies established pursuant to legislation enacted as a result of, or in connection with, the White Paper, Equity and Excellence: Liberating the NHS published July 2010.
GP Practices: http://www.nhs.uk/servicedirectories/Pages/ServiceSearch.aspx, and: http://www.general-practitioners-uk.co.uk/

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 the NHS Commissioning Board or other organisations involved in commissioning or overseeing General Practitioner services, as described above.
Social Enterprises: http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_119228.pdf

Local Authorities:
http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/AToZOfLocalCouncils/DG_AZ_

NHS Wales (National Health Service for Wales) including but not limited to: Welsh Health Boards, Primary care services – GPs, pharmacies, dentists and optometrists, Hospital services, and community services, including those provided through community health centres and mental health services:
http://www.nhsdirect.wales.nhs.uk/localservices/localhealthboards/

NHS Scotland (National Health Service for Scotland) including but not limited to: NHS Boards, Hospitals, Primary care Services GPs, pharmacies, dentists and optometrists, Hospital services, and community services, including those provided through community health centres and mental health services:
http://www.show.scot.nhs.uk/organisations/index.aspx

NHS Northern Ireland (National Health Service for Northern Ireland) including but not limited to: Health and Social Care Trusts, Primary care Services GPs, pharmacies, dentists and optometrists, Hospital services, social care services and community services, including those provided through community health centres and mental health services:
http://www.n-i.nhs.uk/

Local Authorities
Police forces and other emergency services, including fire and rescue services, the maritime and coastguard agency and other rescue authorities (a list of police authorities and fire and rescue services can be found respectively at the following: http://www.police.uk/. and http://www.fireservice.co.uk/information/ukfrs

Educational establishments (ie schools maintained by local authorities, academies, city technology colleges; the Learning and Skills Council; further education establishments, and universities
Registered social landlords (RSLs), a list of such authorities being available at: http://www.housingcorp.gov.uk/server/show/nav.489)

Registered charities, as detailed at http://www.charity-commission.gov.uk

Devolved and other administrations with the British Isles, including those detailed at: (in the case of Scotland) http://www.scotland.gov.uk/Home, and http://www.scottish.parliament.uk/, (in the case of Wales) http://new.wales.gov.uk/?llang=en

Her Majesty’s prison service as detailed at www.hmprisonservice.gov.uk

The Ministry of Defence as detailed at www.mod.uk

Isle of Man Government Health / Public Services
http://www.gov.im/health/

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Precise information on deadline(s) for lodging appeals: OJEU procedures include a minimum 10 calendarday standstill period at the point information on the award of the contract is communicated to bidders. Thisperiod allows unsuccessful bidders to seek further debriefing from the contracting authority before the contractis entered into. Such information should be requested from NHS SBS. If an appeal regarding the award of acontract has not been successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5) provide foraggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in theHigh Court (England, Wales and Northern Ireland). Any such action must be brought promptly.
VI.4.3)Service from which information about the lodging of appeals may be obtained

NHS Shared Business Services Ltd (NHS SBS)
Halyard Court, Chandlers Point, 31 Broadway
M50 2UW Salford
UNITED KINGDOM
Telephone: +44 1612123716

VI.5)Date of dispatch of this notice:14.5.2013