Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
The City of Edinburgh Council
Waverley Court, 4 East Market Street
Edinburgh
EH8 8BG
UK
Contact person: Lynn Hemsley
Telephone: +44 1314693922
E-mail: lynn.hemsley@edinburgh.gov.uk
NUTS: UKM75
Internet address(es)
Main address: http://www.edinburgh.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00290
I.1) Name and addresses
East Lothian Council
John Muir House
Haddington, East Lothian
EH41 3HA
UK
Telephone: +44 1620827754
E-mail: procurement@eastlothian.gov.uk
NUTS: UKM73
Internet address(es)
Main address: http://www.eastlothian.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00181
I.1) Name and addresses
Midlothian Council
Midlothian House, Buccleuch Street
Dalkeith
EH22 1DN
UK
Telephone: +44 1312707500
E-mail: procurement@midlothian.gov.uk
Fax: +44 1316542797
NUTS: UKM73
Internet address(es)
Main address: http://www.midlothian.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00336
I.1) Name and addresses
Stirling Council
Strategic Commissioning, Old Viewforth
Stirling
FK8 2ET
UK
Telephone: +44 1786233384
E-mail: procurement@stirling.gov.uk
NUTS: UKM77
Internet address(es)
Main address: http://www.stirling.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00146
I.1) Name and addresses
West Lothian Council
West Lothian Civic Centre, Howden South Road
Livingston
EH54 6FF
UK
Telephone: +44 1506281814
E-mail: cpu@westlothian.gov.uk
Fax: +44 1506281325
NUTS: UKM78
Internet address(es)
Main address: http://www.westlothian.gov.uk/article/2468/Contract-Opportunities
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00140
I.2) Joint procurement
The contract involves joint procurement
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Legal Services Framework
Reference number: CT2692
II.1.2) Main CPV code
79100000
II.1.3) Type of contract
Services
II.1.4) Short description
The City of Edinburgh Council’s in-house legal team provides advice and support on all legal matters relating to the Council. The team instructs external firms where it has insufficient capacity or where particular specialist advice is required. The Council wishes to appoint a number of suitably qualified and experienced law firms (‘Service Providers’) to a six lot framework agreement to carry out legal services for the City of Edinburgh Council and other awarding Councils. The type and volume of advice required may fluctuate during the period of the contract.
II.1.6) Information about lots
This contract is divided into lots:
Yes
II.1.7) Total value of the procurement
Value excluding VAT:
12 000 000.00
GBP
II.2) Description
Lot No: 1
II.2.1) Title
Commercial
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The Council expects the following services from Service Providers to include but is not limited to: public law, corporate law, commercial contracts, finance law and financial services law, Intellectual property, IT, Procurement, FOISA, Data protection, RIPSA and RIPA, commercial and pensions.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 2
II.2.1) Title
Property and Planning
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The Council expects the following services from Service Providers to include but is not limited to: property law, construction law, environmental law, planning law, transportation law and litigation support for all of the above.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 3
II.2.1) Title
Litigation
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The Council expects the following services from Service Providers to include but is not limited to: childcare law, education law, litigation, licensing law.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 4
II.2.1) Title
Employment
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The Council expects the following services from Service Providers to include but is not limited to:
— providing legal advice in relation to local government employment law matters,
— providing support in the furtherance of positive employee relations,
— providing legal advice in relation to litigated employment matters,
— providing front-line expert support to complex high risk HR case management,
— providing advice and support on the development of employment policies and practices,
— providing advice on major projects in relation to employment matters and advocacy (including solicitor-advocacy if possible).
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 5
II.2.1) Title
Major Projects
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The Council expects the following services from Service Providers to include but is not limited to: the provision of strategic and multi-disciplinary advice in respect of major, high value and/or complex matters requiring expertise in excess of that which would ordinarily fall within Lots 1 to 4 of the contract.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 6
II.2.1) Title
Debt Recovery
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The Council expects the following services from Service Providers to include but is not limited to the 3 categories of debt to be recovered:
1) Council tax and non-domestic rates (NDR);
2) Sundry debt, including not limited to parking penalty charges and statutory repairs debt; and;
3) Heritage court — rent arrears.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
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
IV.1.8) Information about 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
Notice number in the OJ S:
2019/S 115-282468
Section V: Award of contract
Lot No: 1
Title: Commercial
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
20/12/2019
V.2.2) Information about tenders
Number of tenders received: 10
Number of tenders received from SMEs: 3
Number of tenders received by electronic means: 10
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor
Anderson Strathern LLP
1 Rutland Court
Edinburgh
EH3 8EY
UK
Telephone: +44 1316258174
NUTS: UKM
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Shepherd and Wedderburn LLP
1 Exchange Crescent, Conference Square
Edinburgh
EH3 8UL
UK
Telephone: +44 1314735786
NUTS: UKM
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Morton Fraser
Quartermile Two, 2 Lister Square
Edinburgh
EH3 9GL
UK
Telephone: +44 1312471210
Fax: +44 1312471007
NUTS: UKM75
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Harper Macleod LLP
The Ca'd'oro, 45 Gordon Street
Glasgow
G1 3PE
UK
Telephone: +44 1412279369
NUTS: UKM
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Brodies
15 Atholl Crescent
Edinburgh
EH3 8HA
UK
Telephone: +44 1316560064
NUTS: UKM
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 2 300 000.00
GBP
V.2.5) Information about subcontracting
Section V: Award of contract
Lot No: 2
Title: Property and Planning
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
20/12/2019
V.2.2) Information about tenders
Number of tenders received: 11
Number of tenders received from SMEs: 3
Number of tenders received by electronic means: 11
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor
Anderson Strathern LLP
1 Rutland Court
Edinburgh
EH3 8EY
UK
Telephone: +44 1316258174
NUTS: UKM
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Morton Fraser
Quartermile Two, 2 Lister Square
Edinburgh
EH3 9GL
UK
Telephone: +44 1312471210
Fax: +44 1312471007
NUTS: UKM75
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Harper Macleod LLP
The Ca'd'oro, 45 Gordon Street
Glasgow
G1 3PE
UK
Telephone: +44 1412279369
NUTS: UKM
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Brodies
15 Atholl Crescent
Edinburgh
EH3 8HA
UK
Telephone: +44 1316560064
NUTS: UKM
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 3 000 000.00
GBP
V.2.5) Information about subcontracting
Section V: Award of contract
Lot No: 3
Title: Litigation
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
20/12/2019
V.2.2) Information about tenders
Number of tenders received: 6
Number of tenders received from SMEs: 3
Number of tenders received by electronic means: 6
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor
Anderson Strathern LLP
1 Rutland Court
Edinburgh
EH3 8EY
UK
Telephone: +44 1316258174
NUTS: UKM
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Morton Fraser
Quartermile Two, 2 Lister Square
Edinburgh
EH3 9GL
UK
Telephone: +44 1312471210
Fax: +44 1312471007
NUTS: UKM75
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Harper Macleod LLP
The Ca'd'oro, 45 Gordon Street
Glasgow
G1 3PE
UK
Telephone: +44 1412279369
NUTS: UKM
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 2 400 000.00
GBP
V.2.5) Information about subcontracting
Section V: Award of contract
Lot No: 4
Title: Employment
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
20/12/2019
V.2.2) Information about tenders
Number of tenders received: 8
Number of tenders received from SMEs: 3
Number of tenders received by electronic means: 8
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor
Anderson Strathern LLP
1 Rutland Court
Edinburgh
EH3 8EY
UK
Telephone: +44 1316258174
NUTS: UKM
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Harper Macleod LLP
The Ca'd'oro, 45 Gordon Street
Glasgow
G1 3PE
UK
Telephone: +44 1412279369
NUTS: UKM
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Clyde & Co
The St Botolph Building, 138 Houndsditch
London
EC3A 7AR
UK
Telephone: +44 2078766651
NUTS: UK
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Brodies
15 Atholl Crescent
Edinburgh
EH3 8HA
UK
Telephone: +44 1316560064
NUTS: UKM
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 750 000.00
GBP
V.2.5) Information about subcontracting
Section V: Award of contract
Lot No: 5
Title: Major Projects
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
20/12/2019
V.2.2) Information about tenders
Number of tenders received: 12
Number of tenders received from SMEs: 3
Number of tenders received by electronic means: 12
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor
Anderson Strathern LLP
1 Rutland Court
Edinburgh
EH3 8EY
UK
Telephone: +44 1316258174
NUTS: UKM
The contractor is an SME:
Yes
V.2.3) Name and address of the contractor
Shepherd and Wedderburn LLP
1 Exchange Crescent, Conference Square
Edinburgh
EH3 8UL
UK
Telephone: +44 1314735786
NUTS: UKM
The contractor is an SME:
No
V.2.3) Name and address of the contractor
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place, 78 Cannon Street
London
EC4N 6AF
UK
Telephone: +44 1413046095
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 2 850 000.00
GBP
V.2.5) Information about subcontracting
Section V: Award of contract
Lot No: 6
Title: Debt Recovery
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
20/12/2019
V.2.2) Information about tenders
Number of tenders received: 5
Number of tenders received from SMEs: 2
Number of tenders received by electronic means: 5
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Anderson Strathern LLP
1 Rutland Court
Edinburgh
EH3 8EY
UK
Telephone: +44 1316258174
NUTS: UKM
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 700 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The legal services framework will be available for use by the City of Edinburgh Council, East Lothian Council, Midlothian Council, Stirling Council and West Lothian Council and may also be used by any local authority within Scotland.
Part III: Section A, B, C and D: economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015 [for above OJEU threshold)/8 and 9 of the Procurement (Scotland) Regulations 2016 (below OJEU threshold).
Part IV: Selection criteria B: economic and financial standing – Question 4B.1 — Tenderers are required to have a minimum ‘general’ annual turnover for the last 2 financial years.
For Lot 1: 1 891 478 GBP;
For Lot 2: 2 374 763 GBP;
For Lot 3: 1 924 808 GBP;
For Lot 4: 375 000 GBP;
For Lot 5: 2 349 765 GBP; and
For Lot 6: 290 000 GBP.
Where a tenderer does not have an annual turnover of this value, the Council may exclude the tenderer from the competition or may apply discretion seeking supporting evidence to determine the tenderer’s suitability to proceed in the competition.
Part IV: Selection criteria B: economic and financial standing – Question 4B.4 tenderers will be required provide the following information in response to 4B.4:
For Lots 1, 2, 3 and 5:
Current ratio for current year: >1.20
Current ratio for prior year: >1.20
For Lot 4:
Current ratio for current year: >1.15
Current ratio for prior year: >1.15
For Lot 6:
Current ratio for current year: >1.10
Current ratio for prior year: >1.10
The formula for calculating a tenderer’s current ratio is current assets divided by current liabilities. The acceptable range for each financial ratio is greater than the respective ratios above. Where a Tenderer’s current ratio is less than the acceptable value, the Council may exclude the Tenderer from the competition or may apply discretion seeking supporting evidence to determine the Tenderer’s suitability to proceed in the competition.
Contract specific mandatory criteria
Part IV: Selection criteria — D: quality assurance schemes and environmental management – Question 4D.1 — it is a mandatory requirement that tendering organisations with more than 5 employees have in place a health and safety policy which is approved at a senior level within the organisation and is reviewed regularly. Bidders should confirm that this condition has been met within the response to this question. Where a bidder does not have a health and safety policy and is required to do so, the Council may exclude the bidder from the competition.
(SC Ref:609096)
VI.4) Procedures for review
VI.4.1) Review body
The City of Edinburgh Council
Waverley Court, 4 East Market Street
Edinburgh
EH8 8BG
UK
Telephone: +44 1314693922
Internet address(es)
URL: http://www.edinburgh.gov.uk
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
A tenderer that suffers loss as a result of a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session. The City of Edinburgh Council (the Council) will have a minimum standstill period of 10 days before awarding the contract. The communication of the award decision notice will be sent by fax or e-mail to all tenderers with the standstill period commencing on the next day. If proceedings are started in the Sheriff Court or the Court of Session against the Council in respect of the decision to award the contract within the standstill period then the Council is prevented from awarding the contract. Post contract award the Sheriff Court or the Court of Session may:
1) Award damages provided proceedings are brought within 3 months from the date when the grounds for the bringing of the proceedings first arose;
2) Be entitled to issue an ineffectiveness order or impose a financial penalty on the Council. A claim for an ineffectiveness order must be made within 30 days of the contract award notice being published in the OJEU or within 30 days of the date those who expressed an interest in or otherwise bid for the contract were informed of the conclusion of the contract or in any other case within 6 months from the date on which the contract was entered into.
VI.5) Date of dispatch of this notice
23/12/2019