Social and other specific services – public contracts
Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Cardiff University
McKenzie House, 9th Floor
Cardiff
CF24 0DE
UK
Contact person: Ben McGirr
Telephone: +44 2920874524
E-mail: mcgirrb1@cardiff.ac.uk
NUTS: UKL
Internet address(es)
Main address: http://www.cardiff.ac.uk/business/why-work-with-us/for-suppliers
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0258
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://in-tendhost.co.uk/cardiffuniversity/aspx/Home
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://in-tendhost.co.uk/cardiffuniversity/aspx/Home
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Education
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Legal Services
Reference number: CU240
II.1.2) Main CPV code
79100000
II.1.3) Type of contract
Services
II.1.4) Short description
Cardiff University is running a procurement process in order to establish a legal services framework.
The Framework will run for an initial period of 24 months, with the option to extend up to a further 24 months (in 2 x 12 month increments).
The Framework is being split into the following lots:
1. Property (and Estates)
2. HR and Employment Matters
3. Commercial / Corporate / Intellectual Property
4. Student & HE Matters (including international partnerships for students study)
5. Governance / Charity Law / Trusts / Public Law
This procurement relates to the legal services which are listed in Schedule 3 of the Public Contracts Regulations 2015 as a specific service, known as the 'Light Touch Regime'. It will be conducted in accordance with regulations 74 to 76 PCR 2015.
II.1.5) Estimated total value
Value excluding VAT:
2 400 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
Yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 3
II.2) Description
Lot No: 1
II.2.1) Title
Lot 1: Property (and Estates)
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKL22
II.2.4) Description of the procurement
Advice and services relating to the acquisition, disposal and leasing of property, and property financing structures all, where appropriate, in a public law context.
- Estate management
- Sales and purchases
- Property related disputes and claims
- Landlord and tenant
- Operational student residences issues
- Construction contracts, appointments and warranties
- Construction procurement
- Construction insolvency and disputes
- Infrastructure
- Planning matters
- Easements and wayleaves
- Funding, mortgages and security
- General Conveyancing
- Licences
- Leasing
- Bonds, warranties, guarantees and insurance
- Health and safety and environmental law linked to construction and estates
- Loans of laboratory space and/or equipment
- Facilities service contracts
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Lot No: 2
II.2.1) Title
Lot 2: HR and Employment Matters
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKL22
II.2.4) Description of the procurement
Provision of contentious and non-contentious employment advice and services including, industrial relations, tribunals, tax and pensions, where appropriate in a public law and charitable law context.
- Tribunal work
- Contracts of employment
- Grievance and disciplinary
- TUPE
- Industrial disputes
- Discrimination (employment related)
- Discrimination (student related)
- Research Misconduct
- Fitness to Practise
- Regulatory issues (e.g. statutes)
- Health & Safety
- Pensions
- Financial
- Immigration & Visas
- Organisational change and restructure
- Employee and Employer exposure to obligations around Data Protection, Freedom of Access to Information and Remote and Home-Working
- IR35
- Formulation of Employment Policies and drafting of policy documents
- Secondment agreements
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Lot No: 3
II.2.1) Title
Lot 3: Commercial / Corporate / Intellectual Property
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKL22
II.2.4) Description of the procurement
- Joint ventures
- Spin-out company formation and management
- IP protection, management and policy
- IP licensing/assignment
- Student IP
- Partnerships and collaboration agreements, including multipartite Memoranda of Understanding
- Research-related contracts
- Confidentiality agreements (NDAs) and knowledge transfer agreements
- Material Transfer Agreements
- Access to Human Tissue Authority License
- Clinical Trials and other Sensitive Research domains
- Legal due diligence
- International contracts
- Grants
- IT systems contracts
- General commercial contracts
- Funding including PFI, PPP and other finance models
- Loan agreements between organisations
- Commercial Projects
- Procurement
- Data Protection
- Education collaborative provision
- Insolvency
- Taxation issues
- Funding agreements
- Events-related arrangements
- Franchising and concession arrangements
- Corporate Finance
- Legacies and donations
- CRA/CMA
- Joint ventures and novel structures / models for collaboration both within the HE sector and with partners from the public, private and third sectors, including Overseas Agents, Wales and UK Governments
- State Aid
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Lot No: 4
II.2.1) Title
Lot 4: Student & HE Matters (including international partnerships for student study)
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKL22
II.2.4) Description of the procurement
- Discrimination (student related)
- Research Misconduct
- Student complaints/disciplinary
- Student Contracts
- Regulatory issues
- Safeguarding
- Defending student claims
- Course related issues
- International student issues
- Work placement/experience activity
- Open Access
- Education collaborative provision
- Health & Safety
- Financial
- Debt recovery
- OFT and DS Regulations in relation to student accommodation
- CRA/CMA
- Immigration
- Student academic appeals
- Failure to educate
- Student procedures and processes
- Data protection and Freedom of Information Requests (for student matters)
- Appeals submitted to the Office of the Independent Adjudicator for Higher Education (OIA) including the drafting of written submissions and liaison with OIA staff
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Lot No: 5
II.2.1) Title
Lot 5: Governance / Charity Law / Trusts / Public Law
II.2.2) Additional CPV code(s)
79100000
II.2.3) Place of performance
NUTS code:
UKL22
II.2.4) Description of the procurement
- Charity law, including taxation
- Governance structures, including charity corporate governance
- Regulatory controls on NDPBs and arm’s length bodies, including transparency requirements
- Freedom of Information Act (and EIR) and advice on Directive on Re-use of Public Sector Information
- Fundraising and sponsorship
- Constitutional issues and governing documents
- Trading and other subsidiaries
- Working with the Charities Commission
- Safeguarding
- Trusts (general and charitable)
- General Public law considerations
- Insurance & Reinsurance
- Compliance with relevant government policy and guidance
- International offices
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
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:
Legal Sector
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Restricted procedure
IV.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
IV.1.11) Main features of the award procedure:
Please see tender documents
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2018/S 075-166993
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
23/11/2018
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
CY
Section VI: Complementary information
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
IMPORTANT: Section IV.1.1 (Type of Procedure) lists this procedure as a “Restricted procedure”. This is not the case – this procurement is being run under the Light Touch Regime and will be split into two bespoke stages (please see tender document for further information). A procurement process had to be selected in order to submit this contract notice; a restricted procedure notice was selected as it resembles the structure of this particular procurement more so than any other type of procedure. Therefore, the obligations and requirements of a restricted procedure (as under Regulation 28 PCR 2015) will not apply to this procurement.
This Framework will be used primarily by Cardiff University. However, it is possible that any of the University’s subsidiary and associated companies may also use the Framework from time to time, a full list of such entities can be found at schedule 2 of the Invitation to Tender document.
Estimate Contract Value is based on expenditure over the maximum contract duration of four (4) years. The value set out in Section II.1.5) is the total estimated amount across all Lots. We may exceed the anticipated values of each lot (as detailed within the ITT), provided that we do not exceed the total value in Section II.1.5).
The Framework may be used in EU funded projects such as: Welsh European Funding Office (WEFO), European Structural Funds (2014-2020), any other European Union Funded Programme or Funding body.
Under the terms of this contract the successful supplier(s) will be required to deliver Community Benefits in support of the authority’s economic and social objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations. The Community Benefits included in this contract are:
ITT stage only, for information - The University is committed to contributing to the social, economic and environmental well-being of the residents of Wales. Consequently the following Core and Non-Core Community Benefits objectives will need to be addressed.
The following Community Benefits objectives will be Core requirements in the contract and as such will be evaluated in the tender:
a) Work/graduate placement opportunities;
b) Contributions to Education & Student Engagement; and
c) Support for community initiatives.
While the following Non-Core Community Benefit objectives will not be evaluated as part of the tender process the successful contractor will be expected to present a Community Benefit Proposal with their tender detailing how, in the event that they should be successful in winning the contract, they will address the following Community Benefit themes:
– Attending careers fair or event to talk to our students and graduates face-to-face;
– Offering sponsorship of student projects or competitions;
– Providing a guest speaker to offer insights on current business practices;
– Attending a business networking event covering topics on innovation, enterprise and entrepreneurship;
– Payment of sub-contractors (consultants, Barristers etc) within 30 days;
– If you have any graduate / entry level vacancies these can be advertised on our vacancy bulletin: http://www.cardiff.ac.uk/business/develop-your-workforce/recruit-our-graduates/advertise-with-us.
If successful the winning bidder(s) will discuss the content of their Community Benefit Proposal and agree a plan for the delivery of the agreed Community Benefits which will become a condition of the contract.
(WA Ref:85809)
The buyer considers that this contract is suitable for consortia.
VI.4) Procedures for review
VI.4.1) Review body
Cardiff University
Procurement Services, McKenzie House, 30-36 Newport Road
Cardiff
CF24 0DE
UK
Telephone: +44 2920879648
Internet address(es)
URL: http://www.cardiff.ac.uk/business/why-work-with-us/for-suppliers
VI.5) Date of dispatch of this notice
25/10/2018