Contract notice
Section I: Contracting
authority
I.1) Name and addresses
The Wheatley Housing Group Limited
25 Cochrane Street
Glasgow
G1 1HL
UK
Contact person: Caroline Gray/Craig MacLiver
Telephone: +44 8004797979
E-mail: craig.macliver@wheatley-group.com
NUTS: UKM
Internet address(es)
Main address: http://www.wheatley-group.com
Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10306
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://www.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://www.publiccontractsscotland.gov.uk
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Housing and community amenities
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Legal and Associated Services Framework
Reference number: LEG024-219
II.1.2) Main CPV code
79100000
II.1.3) Type of contract
Services
II.1.4) Short description
The Wheatlegrouy p intends to establish a multi-lot Framework Agreement for the provision of Legal and associated services. The Framework will be divided into 6 lots covering:
— Lot 1 — Commercial contracts,
— Lot 2 — Legal governance and Legal charities,
— Lot 3 — Legal employment and General civil litigation,
— Lot 4 — Financing,
— Lot 5 — Sheriff officer services,
— Lot 6 — Property searching and Reporting services.
The Framework will be for a period of 36 months with the option to extend for a further 12 months at the sole discretion of the Wheatley Group.
II.1.5) Estimated total value
Value excluding VAT:
1 845 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
Yes
Tenders may be submitted for all lots
II.2) Description
Lot No: 1
II.2.1) Title
Commercial Contracts
II.2.2) Additional CPV code(s)
79100000
79110000
79111000
79112000
79130000
79140000
75231100
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
Lot 1 Commercial Contracts including as a minimum procurement, construction, construction litigation, development, real estate, intellectual property, information technology and associated legal advice.
II.2.5) Award criteria
Criteria below:
Quality criterion: Service delivery model
/ Weighting: 30
Quality criterion: Added value
/ Weighting: 5
Quality criterion: Quality Assurance Complaints and Review Procedures
/ Weighting: 10
Quality criterion: Interview
/ Weighting: 20
Quality criterion: Community Benefits
/ Weighting: 5
Quality criterion: Framwork Delivery Team
/ Weighting: 30
Price
/ Weighting:
30
II.2.6) Estimated value
Value excluding VAT:
370 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
Option to extend by a further period of 12 months at the sole discretion of the Wheatley Group
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
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
II.2.14) Additional information
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.
Lot No: 2
II.2.1) Title
Legal Governance and Legal Charities
II.2.2) Additional CPV code(s)
79100000
79110000
79111000
79112000
79130000
79140000
75231100
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
Lot 2 Legal Governance and Legal Charities including as a minimum governance and business structures, data protection, charities advice including legal structural business and corporate matters and associated legal advice.
II.2.5) Award criteria
Criteria below:
Quality criterion: Service delivery model
/ Weighting: 30
Quality criterion: Added value
/ Weighting: 5
Quality criterion: Quality assurance complaints and review procedures
/ Weighting: 10
Quality criterion: Community benefits
/ Weighting: 5
Quality criterion: Framework delivery team
/ Weighting: 30
Quality criterion: Interview
/ Weighting: 20
Price
/ Weighting:
30
II.2.6) Estimated value
Value excluding VAT:
95 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
Option to extend by a further period of 12 months at the sole discretion of the Wheatley Group.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
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
II.2.14) Additional information
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.
Lot No: 3
II.2.1) Title
Legal Employment and General Civil Litigation
II.2.2) Additional CPV code(s)
79100000
79110000
79111000
79112000
79130000
79140000
75231100
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
Lot 3 Legal employment and General civil litigation including as a minimum employment law, pensions and court litigation services.
II.2.5) Award criteria
Criteria below:
Quality criterion: Service delivery model
/ Weighting: 30
Quality criterion: Added value
/ Weighting: 5
Quality criterion: Quality assurance complaints and review procedures
/ Weighting: 10
Quality criterion: Interview
/ Weighting: 20
Quality criterion: Community benefits
/ Weighting: 5
Quality criterion: Framework delivery team
/ Weighting: 30
Price
/ Weighting:
30
II.2.6) Estimated value
Value excluding VAT:
350 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
Option to extend for a further 12 months at the sole discretion of the Wheatley Group.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
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
II.2.14) Additional information
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.
Lot No: 4
II.2.1) Title
Financing
II.2.2) Additional CPV code(s)
79100000
79110000
79111000
79112000
79130000
79140000
75231100
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
Lot 4 Financing including as a minimum capital markets and bank funding in relation to new and existing funding and relating to both Scottish and English law.
II.2.5) Award criteria
Criteria below:
Quality criterion: Framework delivery team
/ Weighting: 30
Quality criterion: Service delivery model
/ Weighting: 30
Quality criterion: Added value
/ Weighting: 5
Quality criterion: Quality assurance complaints and review procedures
/ Weighting: 10
Quality criterion: Interview
/ Weighting: 20
Quality criterion: Community benefits
/ Weighting: 5
Price
/ Weighting:
30
II.2.6) Estimated value
Value excluding VAT:
500 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
Option to extend by a further period of 12 months at the sole discretion of the Wheatley Group.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
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
II.2.14) Additional information
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.
Lot No: 5
II.2.1) Title
Sheriff Officer Services
II.2.2) Additional CPV code(s)
79940000
79100000
79110000
79111000
79112000
79130000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
Sheriff Officer services which will be required in relation to this lot arise from litigation in relation to rent arrears recovery, general debt recovery for former tenant arrears, litigation to recover factoring debt, anti-social evictions and anti-social behaviour orders.
II.2.5) Award criteria
Criteria below:
Quality criterion: Framework delivery team
/ Weighting: 35
Quality criterion: Service delivery model
/ Weighting: 35
Quality criterion: Reporting mechanisms/quality management procedures
/ Weighting: 15
Quality criterion: Community benefits
/ Weighting: 5
Quality criterion: Added value
/ Weighting: 10
Price
/ Weighting:
0
II.2.6) Estimated value
Value excluding VAT:
450 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
Option to extend by a further period of 12 months at the sole discretion of the Wheatley Group.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
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
II.2.14) Additional information
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.
Lot No: 6
II.2.1) Title
Property Searching and Reporting
II.2.2) Additional CPV code(s)
70331000
70332200
79100000
79111000
79130000
79140000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The services which will be required in relation to this lot include but not limited to services relative to property transactions where Wheatley Housing Group entities are the sellers of, or granters of subordinate rights in, the land, including, but not limited to:
— Legal reports,
— Plans reports,
— Companies/Mutual societies searches,
— Register of community interests in Land searches,
— Property enquiry certificates,
— Coal mining reports,
— Extracts/copies of title deeds.
II.2.5) Award criteria
Criteria below:
Quality criterion: Added value
/ Weighting: 10
Quality criterion: Quality assurance complaints and review procedures
/ Weighting: 15
Quality criterion: Community benefits
/ Weighting: 5
Quality criterion: Framework delivery team
/ Weighting: 25
Quality criterion: Service delivery model
/ Weighting: 45
Price
/ Weighting:
30
II.2.6) Estimated value
Value excluding VAT:
80 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
Option to extend for a further 12 months at the sole discretion of the Wheatley Group.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
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
II.2.14) Additional information
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.
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:
Question ESPDS 4A.2
Bidders must be a member of the following in respect of Lots 1, 2, 3, 4:
— Member of the Law society of Scotland.
Bidders must be a member of the following in respect of Lot 5:-
— Member of the Society of Messengers-at-Arms and Sheriff Officers.
It is a mandatory requirement for bidders to hold the above memberships.
III.1.2) Economic and financial standing
List and brief description of selection criteria:
ESPDS Question 4.B.1.
Bidders will be required to have an annual turnover threshold value of 2 times the value of the Framework (3 600 000 GBP) for the previous 3 years.
The Wheatley Group will also utilise Equifax to assist in its determination of the organisations financial status and risk. It is recommended that Bidders review their own Equifax Score in advance of submitting their Tender submission. If, following this review, Bidders consider that the Equifax Score does not reflect their current financial status, the Bidder should attach a document to this section 4B giving a detailed explanation, together with any relevant supporting independent evidence. The Wheatley Group will review any such information as part of the evaluation of Bidders financial status. Where the Bidder is under no obligation to publish accounts and therefore does not have a Equifax or equivalent rating, they must provide their audited financial accounts for the previous 2 years as part of their Tender Submission in order that the Wheatley Group may assess these to determine the suitability of the Bidder to undertake a contract or contracts of this size.
Where a consortium bid is received, the Equifax Score of each consortium member shall be assessed. Where the Bidder is a subsidiary of a group but is applying as a separate legal entity and fails to meet the minimum financial turnover requirements or minimum Equifax (or equivalent) as a company, in order to progress to stage two of the evaluation they must provide as part of their tender submission, written confirmation from an authorised signatory of the parent company, that a parent company guarantee will be provided within 2 weeks of request. The parent company must meet the minimum financial requirements as assessed by the Wheatley Group.
Bidders(s), if requested, will also be required to provide 2 years audited accounts, or equivalent prior to the award of Framework.
Where a Bidder does not pass the minimum requirements indicated, the Wheatley Group will exclude the Bidder from the competition.
ESPDS Question 4.B.5/4.B.5.1
Bidders are required to hold the following levels of Insurance:
Lot 1, Lot 4 and Lot 6
— Employer's Liability insurance to the value of at least 5 000 000 GBP,
— Public Liability insurance to the value of at least 5 000 000 GBP,
— Professional Indemnity insurance to the value of at least 10 000 000 GBP,
Lot 2 and 3
— Employer's Liability insurance to the value of at least 5 000 000 GBP,
— Public Liability insurance to the value of at least 5 000 000 GBP,
— Professional Indemnity insurance to the value of at least 5 000 000 GBP.
Lot 5
— Employer's Liability insurance to the value of at least 5 000 000 GBP,
— Public Liability insurance to the value of at least 5 000 000 GBP,
— Professional Indemnity insurance to the value of at least 2 000 000 GBP.
The above insurances shall be with an insurance company registered with Financial Conduct Authority (FCA) in the UK, or equivalent body for other EU member states.
Should the Bidder not have the specified insurances at the time of tendering then, the Bidder must certify in their response to the ESPDS that the specified insurance will be obtained.
Where a Bidder does not hold or commit to obtaining the types and levels of insurance indicated, the Wheatley Group will exclude the Bidder from the competition.
Minimum level(s) of standards required:
All bidders must pass the minimum requirements as detailed in this contract notice and bidder's documentation.
III.1.3) Technical and professional ability
List and brief description of selection criteria:
ESPDS Question 4C.1.2
Bidders will be required to provide 3 examples of a similar scope, size and nature, of working directly with Registered social landlords, Local authority or other similar sectors within the last 3 years that demonstrate that they have the relevant experience to deliver the services required.
— the value for each of the three contracts(s) carried out,
— the scope of the requirements for these three contracts,
— the organisations that the three contracts were carried out on behalf of,
— reference contacts at the three organisations,
— The term of contract (for each of the three Contracts).
ESPDS Question 4D1.1 1st Statement
Quality Management. If the bidder does not hold UKAS (or equivalent) accredited independent third party certificate of compliance in accordance with BS EN ISO 9001 (or equivalent), then the bidder must have the following:
A documented policy and procedures regarding quality management. The policy must set out responsibilities for quality management demonstrating that the bidder has and continues to implement a quality management policy that is authorised by their Chief executive, or equivalent, and is periodically reviewed at a senior management level. The policy must be relevant to the nature and scale of the services to be undertaken and set out responsibilities for quality management throughout the organisation.
ESPDS Question 4D1.1 2nd Statement
Health and safety procedures
A regularly reviewed and documented policy and procedures for Health and Safety (H&S) management, endorsed by the Chief executive officer, or equivalent. The policy must be relevant to the nature and scale of the services and set out responsibilities for H&S management at all levels within the organisation. The policy must be relevant to the nature and scale of your operations and set out your company’s responsibilities of health and safety management and compliance with legislation.
ESPDS Question 4D.2 The Bidder must hold a UKAS (or equivalent) accredited independent third party certificate of compliance with BSEN 14001(or equivalent)certificate. A regularly reviewed and documented policy and procedures for Environmental management(H&S) management, endorsed by the Chief executive officer, or equivalent. The policy must be relevant to the nature and scale of the services and set out responsibilities for H&S management at all levels within the organisation. The policy must be relevant to the nature and scale of your operations and set out your company’s responsibilities of health and safety management and compliance with legislation.
All bidders must pass the minimum requirements as detailed.
Minimum level(s) of standards required:
All bidders must pass the minimum requirements as detailed in this contract notice and bidder's documentation.
III.2) Conditions related to the contract
III.2.1) Information about a particular profession
Participation is reserved to a particular profession: Yes
Reference to the relevant law, regulation or administrative provision:
Bidders must be a member of the following in respect of Lots 1, 2, 3, 4:
— Member of the Law Society of Scotland
Bidders must be a member of the following in respect of Lot 5:
— Member of the Society of Messengers-at-Arms and Sheriff officers
III.2.2) Contract performance conditions
Following successful appointment to the Framework, Service providers must monitor the volume of spend which has been awarded to their organisation and commit to undertaking at least one of the Community benefits or Knowledge transfer benefits listed in Appendix 9 of the Invitation to Tender for each accumulative total of 50 000 GBP spend with their organisations (i.e. 150 000 GBP total commission will see a requirement of 3 community benefits to be undertaken).
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
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement with several operators.
Envisaged maximum number of participants to the framework agreement: 14
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:
2017/S 141-289905
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
01/08/2018
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.7) Conditions for opening of tenders
Date:
01/08/2018
Local time: 12:30
Place:
Wheatley House
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
No
VI.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3) Additional information
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.
Bidders responses to the ESPDS will be assessed on the basis of:
— Questions 2A.1 – 2D.1.1 Information Only;
— Questions 3A – 4C.8.2 – Pass or Fail;
— Question 4C.10 –Information Only
— Question 4D.1 – 4D2.2 – Pass or Fail
Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=535351
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361
A summary of the expected community benefits has been provided as follows:
Following successful appointment to the Framework, Service providers must monitor the volume of spend which has been awarded to their organisation and commit to undertaking at least one of the Community Benefits or Knowledge Transfer benefits listed in Appendix 9 of the Invitation to Tender for each accumulative total of 50 000 GBP spend with their organisations (i.e. 150 000 GBP total commission will see a requirement of 3 community benefits to be undertaken).
(SC Ref:535351)
VI.4) Procedures for review
VI.4.1) Review body
The Wheatley Housing Group Limited
25 Cochrane Street
Glasgow
G1 1HL
UK
Telephone: +44 8004797979
Internet address(es)
URL: http://www.wheatley-group.com
VI.5) Date of dispatch of this notice
03/07/2018