Contract notice
Section I: Contracting
authority
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.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
www.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
www.publiccontractsscotland.gov.uk
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at:
www.publiccontractsscotland.gov.uk
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 6 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.1.5) Estimated total value
Value excluding VAT:
12 000 000.00
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
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
Criteria below:
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: No
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
Lot No: 2
II.2.1) Title
Property & 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
Criteria below:
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: No
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
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
Criteria below:
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: No
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
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
Criteria below:
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: No
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
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
Criteria below:
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: No
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
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 three categories of debt to be recovered: (1) council tax & 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
Criteria below:
Quality criterion: Quality
/ Weighting: 60
Cost criterion: Price
/ Weighting: 40
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: No
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
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:
This Section refers to Section A of Part IV of ESPD (Scotland) and covers Question 4A2b: bidders must be registered with, and regulated by, The Law Society of Scotland.
III.1.2) Economic and financial standing
List and brief description of selection criteria:
This section refers to Section B of Part IV of the ESPD (Scotland) and covers Question 4B5.
Minimum level(s) of standards required:
Tenderers are required to hold, or commit to obtaining prior to the commencement of any subsequently awarded contract, the types and levels of insurance indicated below:
(a) employers (compulsory) liability insurance: 5 000 000 GBP or such higher amount as may be in accordance with any legal requirement for the time being in force;
(b) public liability insurance: 5 000 000 GBP; and
(c) professional indemnity: 5 000 000 GBP.
Where a tenderer does not hold or commit to obtaining the types and levels of insurance indicated, the Council will exclude the Tenderer from the competition.
III.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
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 registered with, and regulated by, The Law Society of Scotland.
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: 21
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 067-157090
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
15/07/2019
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:
15/07/2019
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:
Within 4 years.
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
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.
Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland website at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=587457
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.
The Contracting Authority does not intend to include a subcontract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
This is a Framework Agreement which is composed of 6 lots.
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:
Service Providers are encouraged to secure positive outcomes that will benefit the community in which they operate. Further information can be found in the specifications and tenderers' submissions.
(SC Ref:587457)
Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=587457
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 email 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
14/06/2019