Contract notice
Section I: Contracting
authority
I.1) Name and addresses
APUC Ltd
Unit 27, Stirling Business Centre, Wellgreen
Stirling
FK8 2DZ
UK
Contact person: David Benstead
Telephone: +44 1314428930
E-mail: DBENSTEAD@APUC-SCOT.AC.UK
NUTS: UKM
Internet address(es)
Main address: http://www.apuc-scot.ac.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10402
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://www.publictendersscotland.publiccontractsscotland.gov.uk/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://www.publictendersscotland.publiccontractsscotland.gov.uk/
I.4) Type of the contracting authority
Other: Education
I.5) Main activity
Education
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
The Provision of Legal Services
Reference number: PFB 1039 AP
II.1.2) Main CPV code
79100000
II.1.3) Type of contract
Services
II.1.4) Short description
The authority are seeking Contractor(s) for the provision of specialist legal services for the further and higher education sector in Scotland.
The authority are seeking to obtain, through this tendering process, price normalisation for all institutions regardless of size and demand.
A maximum of seven contractors will be appointed to the framework contract.
II.1.5) Estimated total value
Value excluding VAT:
3 400 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
79100000
79110000
79111000
79112000
79140000
79130000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The scope of this agreement is the provision of legal services to the further and higher education sector in Scotland including all of the following specialisms
• Commercial-Business incorporating but not limited to the following:
— procurement and other contract law;
— debt collection;
— commercial corporate governance;
— joint ventures;
— banking, finance, insurance and taxation;
— company formation;
— corporate finance;
— bond Issuance, mergers and acquisitions;
— academic research (including grants) and research originated knowledge transfer;
— competition law;
— freedom of Information;
— General Data Protection Regulation (GDPR);
— intellectual property;
— technology law including software licensing agreements;
— Alternative Dispute Resolution (ADR);
— software licensing agreements;
• Property and estates incorporating but not limited to the following:
— conveyancing;
— landlord and tenant law;
— general estate management issues;
— planning law;
— major building projects;
— student accommodation;
— construction and engineering;
— environmental law;
— property litigation and dispute resolution;
• People/HR Matters incorporating but not limited to the following:
— employment dispute resolution including tribunals;
— employment relations;
— employment contracts and policies;
— UK Visas and immigration matters;
— equality and diversity;
— organisational change;
— health and safety;
— TUPE;
— pension law and advice;
— student support and regulatory matters;
— data protection;
— freedom of Information;
— fair working practices;
• Charity incorporating but not limited to the following:
— charity law;
— fundraising and sponsorship;
— constitutional and parliamentary issues (including bulls, charters and statutes);
• Charity corporate governance;
— International incorporating but not limited to the following:
— public international law;
— law of the sea;
— international criminal law;
— international ventures;
— international humanitarian law;
— international human rights law;
— refugee law;
— private international law;
— supranational law.
Institutions shall be entitled to appoint a single firm to advise and/or represent on all matters of law, which may include some or all of the specialist areas in technical expertise described —above. This may involve the provision of a full legal advice service to an Institution or may involve working in partnership with an in-house legal resource, providing supplementary legal resource or expertise from time to time as caseload requires across more than one of the specialisms.
Contractors must be able to provide a service which encompasses all of the above specialisms as a minimum.
II.2.5) Award criteria
Criteria below:
Quality criterion: Technical
/ Weighting: 70
Price
/ Weighting:
30
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: Yes
Description of renewals:
The authority reserves the right to extend the framework agreement for a period of up to 24 months in multiple extensions subject to satisfactory performance and continued Institutions' requirements.
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:
Yes
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 in 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:
Providers must be accredited by the professional body relevant to the delivery of these services (Law Society of Scotland).
III.1.2) Economic and financial standing
Minimum level(s) of standards required:
Please refer to Question 4B.5 of the SPD and Economic and Financial Standing section of the contract notice. Tenderers must confirm that they can provide the following supporting evidence prior to award:
Employer's (compulsory) liability insurance = GBP 5 000 000.
Public liability insurance = GBP 5 000 000.
Professional liability insurance = GBP 2 000 000.
To demonstrate and evidence suitable economic standing, successful contractors will be required to provide 2 years audited accounts, or equivalent if awarded to the framework agreement.
Alternatively, if the contractor is unable to provide the required accounting information, e.g. due to being a new business, then they will be required to provide a banker's letter demonstrating their willingness to the support the contractor's organisation over the term of the framework agreement.
Please refer to 4B.6 of the SPD.
III.1.3) Technical and professional ability
List and brief description of selection criteria:
Not applicable.
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 Law Society of Scotland, please see SPD Question 4A.1a.
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: 7
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
02/08/2021
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
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
Date:
02/08/2021
Local time: 12:00
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
Yes
Estimated timing for further notices to be published:
48 months.
VI.2) Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3) Additional information
Suppliers should confirm they will be in a position to complete (at point of award) the following:
Appendix A Form of Tender;
Appendix B Freedom of Information;
Appendix D APUC Sustain Supply Chain Code of Conduct;
Appendix G GDPR Assessment;
Appendix H Sustain Tool Section 1.
The buyer is using PCS-Tender to conduct this ITT exercise. The project code is 18627. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
The contracting authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
Sub-contracting is not a significant part of the overall anticipated contract spend.
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:
The contractor will work with the authority to deliver community benefits or social value where they are identifiable throughout the term of the framework agreement. Examples of community benefits or social value are providing training opportunities to staff and students, apprenticeships and investment in the local community.
(SC Ref:653326)
VI.4) Procedures for review
VI.4.1) Review body
Sheriff Court House
Viewfield Place
Stirling
FK8 1NH
UK
VI.5) Date of dispatch of this notice
30/06/2021