Section one: Contracting authority
one.1) Name and addresses
The Legal Aid Agency
102 Petty France
London
SW1H 9AJ
Country
United Kingdom
NUTS code
UKI - LONDON
Internet address(es)
Main address
https://www.gov.uk/government/organisations/legal-aid-agency
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Other activity
Other publicly funded services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
2018 Standard Civil Contract: Discrimination Category of Law Note: Published for completeness, see description for details
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
The Legal Aid Agency (‘LAA’) has awarded authorisation under the 2018 Standard Civil Contract to two providers. As a result, these providers will be able to undertake face to face Contract Work in the Discrimination Category of Law from 1 April 2021 in the LAA’s ‘North’ Procurement Area. This contract award notice has been published for transparency purposes to provide a record of existing departmental contracts.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £430,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKC22 - Tyneside
two.2.4) Description of the procurement
The Legal Aid Agency (“LAA”) has awarded authorisation under the 2018 Standard Civil Contract to two providers. As a result, these providers will be able to undertake face to face Contract Work in the Discrimination Category of Law from 1 April 2021.
Background
In the Frequently Asked Questions published as part of its recent procurement process for 2021 Civil Legal Advice (“CLA”) contracts, the LAA confirmed that CLA providers wishing to conduct Licenced Work may refer cases to themselves provided they hold a 2018 Standard Civil Contract which authorises them to carry out Licenced Work in the relevant Category of Law.
It was identified that two organisations that were successful in tendering for a 2021 CLA contract were holders of a 2018 Standard Civil Contract but did not have authorisation to undertake work in the Discrimination Category of Law. This meant they would not automatically be able to self-refer CLA clients requiring Licenced Work.
The CLA contracts held by these two organisations were awarded in 2018. At that time CLA provided the mandatory gateway to Discrimination advice, meaning that the CLA service was the only route to legally aided Discrimination advice. Their CLA contracts therefore permitted the full range of Controlled and Licensed Work (and face to face advice where appropriate).
However, since the government announced in 2019 that it would be removing the mandatory telephone gateway, the LAA have sought to align former gateway Categories, including Discrimination, with other CLA Categories that were not subject to the mandatory telephone gateway.
CLA specialist telephone advice contracts let after 2019, including those awarded as a result of the procurement process for 2021 CLA contracts, have therefore permitted Controlled Work only.
In 2019, the LAA also ran a procurement to re-introduce contracts for face to face Discrimination advice under the 2018 Standard Civil Contract.
The LAA has accepted that current CLA providers that were awarded a CLA contract in 2018 were in a unique position of potentially not having fully understood the impact of the 2019 contracting approach on any future CLA contract for which they tendered.
Contract work awarded
So that providers in this unique position were not adversely affected as a result, the LAA has awarded authorisation under the 2018 Standard Civil Contract to include authorisation to undertake Discrimination Contract Work.
This award means that providers will be authorised to undertake Discrimination Contract Work in accordance with the 2018 Standard Civil Contract at the office from which they also deliver Discrimination advice under the 2021 CLA contract. Common with other Discrimination providers delivering advice under the 2018 Standard Civil Contract, providers have been awarded:
• Authorisation to begin up to 100 Matter Starts per Contract Year (pro rated to 42 Matter Starts for the current Contract Year which ends on 31 August 2021);
• Licensed Work authorisation;
• Schedule Authorisation; and
• Authorisation to use Delegated Functions.
The authorisation will take effect on 1 April 2021, to align with the service commencement date for the 2021 CLA contract and will expire at the same time as other categories delivered under the 2018 Standard Civil Contract.
Contract documents
2018 Standard Civil Contract documentation is available at: https://www.gov.uk/government/publications/standard-civil-contract-2018
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 100
Cost criterion - Name: Price / Weighting: 0
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
The Legal Aid Agency (“LAA”) has awarded authorisation under the 2018 Standard Civil Contract to two providers. As a result, these providers will be able to undertake face to face Contract Work in the Discrimination Category of Law from 1 April 2021.
Background
In the Frequently Asked Questions published as part of its recent procurement process for 2021 Civil Legal Advice (“CLA”) contracts, the LAA confirmed that CLA providers wishing to conduct Licenced Work may refer cases to themselves provided they hold a 2018 Standard Civil Contract which authorises them to carry out Licenced Work in the relevant Category of Law.
It was identified that two organisations that were successful in tendering for a 2021 CLA contract were holders of a 2018 Standard Civil Contract but did not have authorisation to undertake work in the Discrimination Category of Law. This meant they would not automatically be able to self-refer CLA clients requiring Licenced Work.
The CLA contracts held by these two organisations were awarded in 2018. At that time CLA provided the mandatory gateway to Discrimination advice, meaning that the CLA service was the only route to legally aided Discrimination advice. Their CLA contracts therefore permitted the full range of Controlled and Licensed Work (and face to face advice where appropriate).
However, since the government announced in 2019 that it would be removing the mandatory telephone gateway, the LAA have sought to align former gateway Categories, including Discrimination, with other CLA Categories that were not subject to the mandatory telephone gateway.
CLA specialist telephone advice contracts let after 2019, including those awarded as a result of the procurement process for 2021 CLA contracts, have therefore permitted Controlled Work only.
In 2019, the LAA also ran a procurement to re-introduce contracts for face to face Discrimination advice under the 2018 Standard Civil Contract.
The LAA has accepted that current CLA providers that were awarded a CLA contract in 2018 were in a unique position of potentially not having fully understood the impact of the 2019 contracting approach on any future CLA contract for which they tendered.
Contract work awarded
So that providers in this unique position were not adversely affected as a result, the LAA has awarded authorisation under the 2018 Standard Civil Contract to include authorisation to undertake Discrimination Contract Work.
This award means that providers will be authorised to undertake Discrimination Contract Work in accordance with the 2018 Standard Civil Contract at the office from which they also deliver Discrimination advice under the 2021 CLA contract. Common with other Discrimination providers delivering advice under the 2018 Standard Civil Contract, providers have been awarded:
• Authorisation to begin up to 100 Matter Starts per Contract Year (pro rated to 42 Matter Starts for the current Contract Year which ends on 31 August 2021);
• Licensed Work authorisation;
• Schedule Authorisation; and
• Authorisation to use Delegated Functions.
The authorisation will take effect on 1 April 2021, to align with the service commencement date for the 2021 CLA contract and will expire at the same time as other categories delivered under the 2018 Standard Civil Contract.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract
Contract No
1
Title
Face to Face Discrimination
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
26 January 2021
five.2.2) Information about tenders
Number of tenders received: 2
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
Citizens Advice Gateshead
The Davidson Building, Swan Street
Gateshead
NE8 1BG
Country
United Kingdom
NUTS code
- UKC22 - Tyneside
The contractor is an SME
Yes
five.2.3) Name and address of the contractor
Stephensons Solicitors LLP
Wigan Investment Centre, Waterside Drive
Wigan
WN3 5BA
Country
United Kingdom
NUTS code
- UKD36 - Greater Manchester North West
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £430,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Legal Aid Agency
102 Petty France
London
SW1H 9AJ
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
Centre for Effective Dispute Resolution (CEDR)
70 Fleet Street
London
EC4Y 1EU
Country
United Kingdom
six.4.4) Service from which information about the review procedure may be obtained
Legal Aid Agency
102 Petty France
London
SW1H 9AJ
Country
United Kingdom