Time limit for receipt of tenders or requests to participate
Date: 15/01/2021
Local time: 12:00
The purpose of this tender exercise is to appoint a number of individual providers, each operating under a framework agreement (‘the Framework Agreement’) to a panel of firms (‘the Panel’) in relation to lots 2-7.
If you want help with winning this tender, then take a look at our Bid Writers page.
United Kingdom-Glasgow: Legal services
2020/S 244-605929
Contract notice
Services
Legal Basis:
Directive 2014/24/EU
Section I: Contracting authority
I.1)Name and addresses
Official name: Glasgow City Council
Postal address: Chief Executives Department, City Chambers
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G2 1DU
Country: United Kingdom
Contact person: Kim Mackenzie
E-mail:
Internet address(es):
Main address: www.glasgow.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00196
I.1)Name and addresses
Official name: The Wheatley Group
Postal address: Wheatle House 25 Cochrane Stree
Town: Glasgow
NUTS code: UKM82 Glasgow City
Country: United Kingdom
E-mail:
Internet address(es):
Main address: https://www.gha.or.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=
I.1)Name and addresses
Official name: North Lanarkshire Council
Postal address: Civic Centre, Windmillhill Street
Town: Motherwell
NUTS code: UKM84 North Lanarkshire
Postal code: ML1 1AB
Country: United Kingdom
E-mail:
Telephone: +44 1698403876
Fax: +44 1698275125
Internet address(es):
Main address: http://www.northlanarkshire.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00010
I.1)Name and addresses
Official name: North Ayrshire Council
Postal address: Cunninghame House, Friars Croft
Town: Irvine
NUTS code: UKM93 East Ayrshire and North Ayrshire mainland
Postal code: KA12 8EE
Country: United Kingdom
E-mail:
Telephone: +44 1294310000
Internet address(es):
Main address: http://www.north-ayrshire.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00337
I.1)Name and addresses
Official name: Glasgow Life (Culture and Sport Glasgow)
Postal address: 38 Albion Street
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G1 1LH
Country: United Kingdom
E-mail:
Telephone: +44 1412875923
Internet address(es):
Main address: www.glasgowlife.org.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10287
I.1)Name and addresses
Official name: City Building (Glasgow) LLP
Postal address: 350 Darnick Street
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G21 4BA
Country: United Kingdom
E-mail:
Telephone: +44 1412872328
Internet address(es):
Main address: http://www.citybuildingglasgow.co.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11002
I.1)Name and addresses
Official name: City Property (Glasgow) LLP
Postal address: 229 George Street
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G1 1QU
Country: United Kingdom
E-mail:
Telephone: +44 1412876161
Internet address(es):
Main address: http://www.citypropertyglasgow.co.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA22542
I.1)Name and addresses
Official name: City Parking (Glasgow) LLP
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G2 7PH
Country: United Kingdom
E-mail:
Internet address(es):
Main address: www.glasgow.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=
I.1)Name and addresses
Official name: Community Safety Glasgow
Postal address: 727 London Rd
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G40 3AQ
Country: United Kingdom
E-mail:
Internet address(es):
Main address: www.glasgow.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=
I.1)Name and addresses
Official name: Cordia (Services) LLP
Postal address: Blair Court, 100 Borron Street
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G4 9XE
Country: United Kingdom
E-mail:
Telephone: +44 1413539000
Internet address(es):
Main address: http://www.cordia.co.uk/
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA13423
I.1)Name and addresses
Official name: Jobs and Business Glasgow
Postal address: Ladywell Business Centre, 94 Duke Street
Town: Glasgow
NUTS code: UKM82 Glasgow City
Postal code: G4 0UW
Country: United Kingdom
E-mail:
Telephone: +44 1412743333
Internet address(es):
Main address: http://www.jbg.org.uk/
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA16584
I.2)Information about joint procurement
The contract involves joint procurement
I.3)Communication
Access to the procurement documents is restricted. Further information can be obtained at: https://www.publictendersscotland.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.publictendersscotland.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:
Provision of Legal Services
II.1.2)Main CPV code
79100000 Legal services
II.1.3)Type of contract
Services
II.1.4)Short description:
The purpose of this tender exercise is to appoint a number of individual providers, each operating under a framework agreement (‘the Framework Agreement’) to a panel of firms (‘the Panel’) in relation to lots 2-7 described in 4.3 below. Note that a single supplier will be appointed to Lot 1 only. The panel/single supplier for each lot may, subject to what follows, provide legal services to the Council in accordance with the requirements for that lot during the term of the framework agreement. The legal department of the council is responsible for the day to day administration of this agreement.
II.1.5)Estimated total value
Value excluding VAT: 3 900 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:
Employment
Lot No: 2
II.2.2)Additional CPV code(s)
79100000 Legal services
II.2.3)Place of performance
NUTS code: UKM82 Glasgow City
Main site or place of performance:
Glasgow.
II.2.4)Description of the procurement:
Unfair dismissal claims
Claims under the equalities Act 2010
Breach of contract claims
Claims arising from TUPE
Claims arising under any other jurisdiction of the employment tribunal.
Any employment litigation arising outwith the employment tribunal, whether in the sheriff court, court of session or otherwise
Advice and representation in relation to any appellate proceedings associated with the above whether in the EAT, Court of Session or Supreme Court
Any matter relating to the settlement or compromise of any such claims.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
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.2.10)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 nay of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
II.2)Description
II.2.1)Title:
Corporate
Lot No: 3
II.2.2)Additional CPV code(s)
79100000 Legal services
II.2.3)Place of performance
NUTS code: UKM82 Glasgow City
Main site or place of performance:
Glasgow.
II.2.4)Description of the procurement:
To advise and assist the Council in relation to any requirement it may have regarding:
Corporate/commercial legal services
Contentious and non-contentious construction law
Planning, roads and environment law
Local government and public law and
Complex, high value or novel property law and conveyancing (excluded from the scope of the General Conveyancing Lot (Lot 6))
General commercial contracts/ICT contracts
Procurement and state aid
Information/data protection
Governance of external organisations/partnerships
Planning, environmental and roads law
Property law and conveyancing
Corporate projects.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
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.2.10)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 nay of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
II.2)Description
II.2.1)Title:
General Litigation
Lot No: 4
II.2.2)Additional CPV code(s)
79100000 Legal services
II.2.3)Place of performance
NUTS code: UKM82 Glasgow City
Main site or place of performance:
Glasgow.
II.2.4)Description of the procurement:
Reparation actions in the Sheriff Court, All Scotland PI Court and Court of Session provision of an Edinburgh Agency Service to conduct, or assist with the conduct of, proceedings in the Court of Session and All Scotland PI Court
Pursuing or defending general litigation actions raised by or against the Council in the Sheriff Court and Court of Session
Raising and/or defending Judicial Review proceedings
Conducting and advising on appellate proceedings
Matters within the jurisdiction of statutory tribunals, including but not limited to the mental health tribunal for Scotland and the additional support needs tribunal for Scotland but excluding Employment Tribunals
Summary applications raised against the Council under various statutes including but not limited to licensing appeals
Summary applications raised by the Council including but not limited to anti-social behaviour orders
Pursuing or defending actions for debt raised by or against the Council.
Heritable actions for recovery of possession in the Sheriff Court.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
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.2.10)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 nay of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
II.2)Description
II.2.1)Title:
Children and Families – Advice and Representation
Lot No: 5
II.2.2)Additional CPV code(s)
79100000 Legal services
II.2.3)Place of performance
NUTS code: UKM82 Glasgow City
Main site or place of performance:
Glasgow.
II.2.4)Description of the procurement:
To advise and assist the Council on its statutory rights and responsibilities in relation to children and young persons, and to provide advice and representation as required. Working with the Council’s in-house legal team or directly on the instruction of social work services, as required.
This lot includes but is not restricted to the following
Child Protection Order applications and other proceedings under the Children’s Hearing (Scotland) Act 2011
Permanence order applications and other proceedings under the Adoption and Children (Scotland) Act 2007
Proceedings under the Children (Scotland) Act 1995
Proceedings under the Children and Young People (Scotland) Act 2014
The provision of advice and training to social work employees on the above.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
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.2.10)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 nay of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
II.2)Description
II.2.1)Title:
General Conveyancing
Lot No: 6
II.2.2)Additional CPV code(s)
79100000 Legal services
II.2.3)Place of performance
NUTS code: UKM82 Glasgow City
Main site or place of performance:
Glasgow.
II.2.4)Description of the procurement:
Disposals, acquisitions, leases (acting for landlord or tenant), securities title reports and diligence, completion of title, and other contracts relating to property.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
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.2.10)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 nay of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
II.2)Description
II.2.1)Title:
Construction
Lot No: 7
II.2.2)Additional CPV code(s)
79100000 Legal services
II.2.3)Place of performance
NUTS code: UKM82 Glasgow City
Main site or place of performance:
Glasgow.
II.2.4)Description of the procurement:
Advising on all contentious and/or non-contentious construction matters, including but not limited to: construction contracts (all industry standard terms (eg NEC, SBCC) and specialist/bespoke contracts), partnership contracts, agreements with statutory infrastructure bodies (eg Network Rail and Scottish Water), collateral warranties, sub-contracts, sub-contractor appointments, professional appointments, parent company guarantees, performance bonds.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
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.2.10)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 nay of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
II.2)Description
II.2.1)Title:
Education Prosecutions
Lot No: 1
II.2.2)Additional CPV code(s)
79100000 Legal services
II.2.3)Place of performance
NUTS code: UKM82 Glasgow City
Main site or place of performance:
Glasgow.
II.2.4)Description of the procurement:
Carrying out pre-court and preparatory work including revising papers forwarded from schools, providing advice, taking precognition, identifying and lodging productions.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
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.2.10)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 nay 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:
N/a
III.1.2)Economic and financial standing
List and brief description of selection criteria:
Balance sheet strength.
Financial requirements should be calculated on latest filed accounts with Company House.
Trading performance Ratio
An overall positive outcome on pre tax profit to turnover over a 3-year period
Exceptional items, occurring in the normal course of business, can be excluded from the calculation.
The above would be expressed in the ratio pre-tax profit/turnover
Balance sheet strength:
Net worth of the organisation must be positive at the time of evaluation and organisation must not be subject to an insolvency process. Intangibles can be included for purposes of the total assets figure. The above would be expressed in the ratio total assets/total liabilities
Applicants who have been trading for less than the 3 years noted above must provide
Evidence that they are complying with the above minimum financial requirements for the period in which they have been trading.
Applicants who do not comply with the above financial requirements but are part of a Group, can provide a Parent Guarantee if the Parent company satisfies the financial requirements stipulated above.
Bidders will be required to provide adequate assurance of financial strength to successfully complete their contractual obligations, and have available their two (2) most recent sets of annual audited accounts including profit and loss information.
The Council reserves the right at its own discretion to seek such other information from the applicant in accordance with Regulation 61(7) or Regulation 61(8) of the Public Contracts (Scotland) Regulations 2015 to prove the applicant’s economic and financial standing.
Applicants who are subsequently appointed to the framework shall, during the lifetime of the framework agreement, inform the Council immediately of any material changes to the information provided in their submission in relation to economic and financial standing. The Council notes Regulation 60(9) and 60(11) of the Public Contracts (Scotland) Regulations 2015 and reserves the right to refuse to award a contract following a mini-competition should the Applicant no longer meet the requirements set out in this ESPD.
Minimum level(s) of standards possibly required:
Employer’s liability
The organisation/consultant shall take out and maintain throughout the period of their services employer’s liability insurance to the value of at least ten million Pounds Sterling (GBP 10 000 000) in respect of any one claim and unlimited in the period.
Public liability
The organisation/consultant shall take out and maintain throughout the period of their services public liability insurance to the value of at least five million Pounds Sterling (GBP 5 000 000) in respect of any one claim and unlimited in the period.
Professional Indemnity
The organisation/consultant shall take out and maintain throughout the period of their services and for a further 6 years on completion of their service, professional indemnity insurance to the value of a minimum five million Pounds Sterling (GBP 5 000 000) in respect of any one claim and in the aggregate.
The Council reserves the right to request higher limit of indemnity for Professional Indemnity insurance should it deem appropriate during any future mini competitions that may be issued during the life of the framework agreement.
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 by the council and any organisation shall not sub-let or sub-contract any part of the commission unless the sub-contractor is similarly insured, unless the council agrees otherwise. It is the express responsibility of the lead organisation to ensure this is the case.
III.1.3)Technical and professional ability
List and brief description of selection criteria:
Please provide 2 relevant examples of supplies and/or services carried out during the last 3 years as specified in the contract notice:
(Please note that one example must be a public sector example.
Example 1 – 50 %.
Example 2 – 50 %.
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:
KPI’s identified in Invitation to Tender document.
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
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 25
IV.1.8)Information about the 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: 15/01/2021
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.7)Conditions for opening of tenders
Date: 15/01/2021
Local time: 12:00
Place:
Glasgow.
Section VI: Complementary information
VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:
2024.
VI.3)Additional information:
Re ESPD Questions 4D.1, 4D1.1, 4D1.2, 4D2, 4D2.1 and 4D2.2; applicants must hold the certificates for quality control, and environmental management standards or comply with all the questions noted in ESPD Section 4D. Freedom of Information Act —Information on the FOI Act is contained in Appendix A of the ITT. Applicants must note the implications of this legislation. FOI certificate contained in the buyers attachments area within the PCS Tender portal (NB the Council does not bind itself to withhold this information). Tenderers amendments — this will be dealt with at the next stage at ITT. Prompt payment — the successful tenderer shall, as a condition of being awarded the tender, be required to demonstrate to the council’s satisfaction that all funds due to the tenderer’s permitted sub-contractors in respect of these works are paid timeously and that as a minimum invoices rendered by subcontractors shall (unless formally disputed by the tenderer) be paid within 30 days of receipt. The successful tenderer shall also impose this condition on its sub-contractors in respect of payments due to any sub-sub-contractors, if any. Applicants will be required to complete the prompt payment certificate.
Non collusion — applicants will be required to complete the non collusion certificate. Insurance mandate — all successful suppliers will be required to sign an insurance mandate, contained in the buyers attachments area within the PCS Tender portal authorising the Council to request copies of insurance documents from the supplier’s insurance provider. If the mandate is not signed and returned the Council reserves the right to request copies of insurance certificates from bidders at any point during the contract period. All certs and mandates are contained in buyers attachments area. Framework terms and conditions can be accessed in the buyers attachments area. Additional information pertaining to this contract notice is contained in the Invitation to Tender
document situated within the buyers attachments area of PCS-T. Bidders must ensure they read these documents in line with this contract notice.
A summary of the expected community benefits has been provided as follows:
Method — voluntary
The community benefits menu and methodology document can be found within the community benefits section on Public Contracts Scotland – Tender (PCS-T).
Please refer to ITT for further information.
The buyer is using PCS-Tender to conduct this ITT exercise. The project code is 6348. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
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:
Method — Voluntary
The Council may seek to encourage delivery of voluntary community benefits. Voluntary community benefits may be identified or proposed by the successful supplier pre and/or post-award and throughout the duration of the contract agreement.
Voluntary community benefits offered need not be restricted to the outcomes contained within the community benefits menu and bidders are encouraged to consider any additional areas which they feel would be relevant or of benefit to the citizens within the Glasgow City boundary.
The community benefits menu and methodology document can be found within the community benefits section on Public Contracts Scotland – Tender (PCS-T).
(SC Ref:638498)
VI.4)Procedures for review
VI.4.1)Review body
Official name: Glasgow Sherrif Court and Justice of the Peace Court
Postal address: PO BOX 1, 23 Carlton Place
Town: Glasgow
Postal code: G5 9DA
Country: United Kingdom
Internet address: /">http://
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:
Precise information on deadline(s) for review procedures:
Glasgow City Council (‘the Council’) must, by notice in writing as soon as possible after the decision has been made, inform all tenderers and candidates concerned of its decision to award the contract, conclude the framework agreement or establish a dynamic purchasing system.
The Council must allow a period of at least the relevant standstill period (where the notice is sent by facsimile or electronic means the period is 10 days ending at midnight at the end of the 10th day after that on which the last notice is sent, when sent by other means he period is 15 days)to elapse between the date of despatch of the notice referred to in Regulation 85(1) of the Public Contracts (Scotland) Regulations 2015 (‘The Regulations’). The Council is obliged to comply with the regulations and any eligible economic operator can bring an action in the Sheriff Court or the Court of Session where as a consequence of a breach by the Council, suffers or risks suffering loss or damage. The bringing of Court proceedings during the standstill period means that the council must not enter into the contract, conclude the framework agreement or establish the dynamic purchasing system unless the proceedings are determined, discontinued or disposed of: or the court, by interim order, brings to an end the prohibition. The bringing of court proceedings after the standstill period has elapsed and the remedies that are available to the courts are detailed in the Regulations. Economic operators can write to the Council seeking further clarification on the notice, to which the Council must respond within 15 days. Economic operators should be mindful to seek their own independent legal advice when they consider appropriate to do so.
VI.5)Date of dispatch of this notice:
10/12/2020