CONTRACT NOTICE – OFFICIAL JOURNAL

Section I: Contracting Authority

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

The Insolvency Service through its offices in various locations. The work is required in England, Wales and Scotland, but not Northern Ireland.

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

Estimated total value of purchases for the entire duration of the framework agreement

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

This notice for Annex IIB Category No 21 Legal Services is published voluntarily in the OJEU to bring it to the attention of the wider public and possible cross border interest, and is not subject to the timelines applicable to procedures covered by the Directive.

Investigations and Enforcement Directorate (IES) investigates complaints against live companies and the conduct of directors of failed companies, and takes proceedings to wind up companies in the public interest, disqualify directors, (and take part in obtaining restrictions orders against bankrupts) where it is appropriate to do so.

In order to do this, IES utilises a legal services framework for the vast bulk of its legal advice and litigation in relation to case related matters. In addition, solicitors on the framework are employed to undertake disqualification investigations (“outsourced investigations”).

The framework encompasses the following:

— Disqualification proceedings,

— Public interest petitions,

— Disqualification investigations,

— Disqualification report drafting,

— Other applications,

— Cost recovery,

— Advice on case related matters,

— Other general matters.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or limit for completion

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

Parent company guarantee or contract guarantee bond maybe necessary.

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

Where bids are submitted as part of consortium or association, the "Group" would be required to nominate a lead partner with whom the contracting authority can contract with or; form themselves into a single legal entity; or to accept joint and several liability.

III.1.4)

Other particular conditions to which the performance of the contract is subject

III.2)

Conditions for Participation

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Regulations 23 and 24 of the Public Contracts Regulations 2006 will apply. As per Pre-Qualification documentation (PQQ) See section VI.3.

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

III.3)

Conditions Specific to Service Contracts

III.3.1)

Is provision of the service reserved to a specific profession?

III.3.2)

Will legal entities be required to state the names and professional qualifications of the personnel responsible for the execution of the service?

Section IV: Procedure

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

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

As per Pre-Qualification documentation (PQQ) See section VI.3

IV.1.3)

Reduction of the number of operators during the negotiation or dialogue

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

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

Legal Service Providers Framework

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)

Language or languages in which tenders or requests to participate can be drawn up

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender 

IV.3.8)

Conditions for opening tenders

Section VI: Other Information

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

VI.3)

Additional Information

All suppliers who wish to respond to this OJEU notice and indicate their interest in the tender, should request a Pre-Qualification Questionnaire (PQQ) document, which provides further detail relating to this procurement. The PQQ AND ALL communication should be via: tenders.insolvency@insolvency.gsi.gov.uk

Managing Supplier Poor Performance cross-Government

Government has not always managed its strategic suppliers on a cross-Government basis as effectively as it might. This has resulted in suppliers continuing to win new work with Government even when there are substantial performance concerns with existing contracts.

As a result, Government has developed a new approach to ensuring previous poor performance by suppliers can be taken into account and robustly assessed prior to new contracts being entered into.

Contracting Authorities will now ensure that consideration of poor performance on existing or previous contracts is made at the Selection stage, in the assessment of technical and professional ability (Reg. 25). This will include where there are examples of serious and persistent breach in the delivery of both current and previous contracts.

Where a supplier has been found to have committed "Grave Misconduct" in the course of their business or profession, the Contracting Authority will have the right to exercise "Discretionary Exclusion" of that supplier under the Public Contracts Regulations 2006.

In addition, Contracting Authorities will reassess economic and financial standing, and technical and professional ability, and any discretionary or mandatory grounds for exclusion, before key points in the procurement process (i.e. short listing, preferred bidder status, award of contract etc). This will be done by asking the bidder whether anything has changed since the original assessment; and by checking with other departments/contracting authorities.

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

The Insolvency Service will incorporate a minimum 10 calendar day 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. Such additional information should be requested from the address in section 1.1 If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2006 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). Where a contract has not been entered into the court may order the settling aside of the award decision or order the authority to amend any document and may award damages.

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Dispatch date of this Notice