Section one: Contracting authority
one.1) Name and addresses
Fife Council
Bankhead Central, Bankhead Park
Glenrothes
KY7 6GH
Contact
Yahia Reggab
Telephone
+44 3451550000
Country
United Kingdom
NUTS code
UKM72 - Clackmannanshire and Fife
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00187
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Provision of Legal Services, Support, Advice & Representation: General Legal Services & Court of Session Work
Reference number
CFM002
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
Fife Council has a requirement to secure a Contract offering Best Value to the Council for the provision of legal services, support, advice & representation: general legal services & court of session work, as required, to the Council’s Legal Services.
two.1.5) Estimated total value
Value excluding VAT: £920,000
two.1.6) Information about lots
This contract is divided into lots: Yes
Tenders may be submitted for all lots
two.2) Description
two.2.1) Title
Provision of Legal Services, Support, Advice & Representation: General Legal Services
Lot No
2
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
- 79111000 - Legal advisory services
- 79110000 - Legal advisory and representation services
two.2.3) Place of performance
NUTS codes
- UKM72 - Clackmannanshire and Fife
Main site or place of performance
Fife
two.2.4) Description of the procurement
Fife Council has a requirement to secure a Contract offering Best Value to the Council for the provision of support, advice, and representation: general legal services, as required, to the Council’s Legal Services.
two.2.5) Award criteria
Quality criterion - Name: Technical / Weighting: 50
Price - Weighting: 50
two.2.6) Estimated value
Value excluding VAT: £286,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
Yes
Description of renewals
The framework period is for a three years period with the option to extend a further 12 months, dependant on the performance of the contractor and the Council's requirements.
two.2.10) Information about variants
Variants will be accepted: No
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
two.2) Description
two.2.1) Title
Provision of Support, Advice and Representation: Court of Session Work
Lot No
1
two.2.2) Additional CPV code(s)
- 79112000 - Legal representation services
- 79100000 - Legal services
- 79110000 - Legal advisory and representation services
two.2.3) Place of performance
NUTS codes
- UKM72 - Clackmannanshire and Fife
Main site or place of performance
Fife
two.2.4) Description of the procurement
Fife Council has a requirement to secure a Contract offering Best Value to the Council for the provision of support, advice, and representation: Court of Session Work, as required, to the Council’s Legal Services
two.2.5) Award criteria
Quality criterion - Name: Technical / Weighting: 50
Price - Weighting: 50
two.2.6) Estimated value
Value excluding VAT: £640,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
Yes
Description of renewals
The framework period is for a three years period with the option to extend a further 12 months, dependant on the performance of the contractor and the Council's requirements.
two.2.10) Information about variants
Variants will be accepted: No
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 three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.2) Economic and financial standing
List and brief description of selection criteria
4B1.1 - Tenderers are required to provide their annual turnover for their last two financial set of accounts.
4B.4 - The Current Ratio will be applied. Tenderers are to provide their current assets and current liabilities in relation to their audited published accounts for the last two years and to divide the current assets by the current liabilities figure. If a company does not have 2 years of audited published accounts an explanation should be given.
4B.5.1b - Insurance - Employer’s (Compulsory) Liability: Bidders are required to hold or commit to obtaining GBP 10,000,000 of Employer’s (Compulsory) Liability Insurance.
4B.5.2-Insurance-All other types listed: Bidders are required to hold or commit to obtaining, prior to the commencement of the contract, the levels of all other types of insurance cover indicated. The values of the policies must be as follows:
Employer’s Liability - 10 million GBP
Public Liability – 2.5 million GBP
Professional Negligence - 250,000 GBP
Minimum level(s) of standards possibly required
4B1.1 - Tenderers will be required to have a minimum “general” yearly turnover of GBP GBP 1.40M for the last 2 years.
Tenderers shall be advised that where they do not currently meet the above requirements they shall require to confirm why and the Council may undertake additional financial checks checks using a tool such as Creditsafe and a qualitative judgement shall be made as to the financial capacity of the tenderer. Fife Council may require a parent company guarantee, a performance guarantee bond, a bank guarantee, and/or an advance payment bond.
4B.4 - Tenderers are expected to achieve a ratio of 1 or more. Where a Tenderer does not meet this requirement further details should be provided to confirm why and the Council may undertake additional financial checks using a tool such as Creditsafe and a qualitative judgement shall be made as to the financial capacity of the tenderer. Fife Council may require a parent company guarantee, a performance guarantee bond, a bank guarantee, and/or an advance payment bond.
4B.5.1b - The bidder must confirm that they already have or can commit to obtaining, prior to the commencement of the contract, valid insurance which must be in place for 5 years after the elapsed date of the contract GBP 10,000,000 of Employer’s (Compulsory) Liability Insurance, the Council may exclude the Bidder from the competition.
4B.5.2 - Where a Bidder does not confirm that they already have or can commit to obtaining, prior to the commencement of the contract
Employer’s Liability - 10 million GBP
Public Liability – 2.5 million GBP
Professional Negligence - 250,000 GBP
three.1.3) Technical and professional ability
List and brief description of selection criteria
SELECTION CRITERIA (SPD)
Lots 1 & 2
Tenderers (Lot 1&2) shall be evaluated under stage 1. The selection stage is divided into the following sections:
A: Suitability.
B: Economic and financial standing. (Financial Criteria)
C: Technical and professional ability.
D: Quality assurance schemes and environmental management standards.
E: Global indication for all selection criteria.
Minimum criteria:
(i)Both Lots: All solicitors working on the contract must hold a current Law Society of Scotland Practising Certificate
(ii)Lot 1: Capability to lodge Court of Session documents within necessary Court timescales.
(iii)Lot 2: Tenderers must be able to practice in Scotland and able to cover the following areas of law :
The tenderers must be able to practice in Scotland and able to cover the following areas of law:
Type of Work
Commercial Sale/Purchase
Domestic Sale/Purchase
Commercial Lease
Advice on dilapidations
Domestic Lease
Agricultural Lease
Compulsory Purchase Orders
Procurement
Drafting and Revising Contracts
Charity Law
Planning
S75 Agreements
Environment
Waste Management
Criminal Litigation
Civil Litigation
Employment Tribunal
Company Formation
Formation of LLPs and Trusts
Advice on establishing arms length organisations
Local Authority Participation in Companies
Joint Venture Agreements
Protection of Intellectual Property
Competition Law and State Aid
Copyright Interests
Patent and Trademark Law
Telecommunications Law
Building and Civil Engineering Disputes
Arbitration and Alternative Dispute Resolution
Transportation and Infrastructure
Employment Law including TUPE
Pensions
Judicial Review
Reparation
Debt Recovery
Data Protection and Freedom of Information
Health and Safety
Regulation of Investigatory Powers (Sc) Act
Minimum level(s) of standards possibly required
SELECTION CRITERIA (SPD)
Lots 1 & 2
Tenderers (Lot 1&2) shall be evaluated under stage 1. The selection stage is divided into the following sections:
A: Suitability.
B: Economic and financial standing. (Financial Criteria)
C: Technical and professional ability.
D: Quality assurance schemes and environmental management standards.
E: Global indication for all selection criteria.
Minimum criteria:
(i)Lot 1 only: Capability to lodge Court of Session documents within necessary Court timescales.
(ii)Both Lots: all solicitors working on the contract must hold a current Law Society of Scotland Practising Certificate
(iii) Lot 2: The tenderers must be able to practice in Scotland and able to cover the following areas of law:
Type of Work
Commercial Sale/Purchase
Domestic Sale/Purchase
Commercial Lease
Advice on dilapidations
Domestic Lease
Agricultural Lease
Compulsory Purchase Orders
Procurement
Drafting and Revising Contracts
Charity Law
Planning
S75 Agreements
Environment
Waste Management
Criminal Litigation
Civil Litigation
Employment Tribunal
Company Formation
Formation of LLPs and Trusts
Advice on establishing arms length organisations
Local Authority Participation in Companies
Joint Venture Agreements
Protection of Intellectual Property
Competition Law and State Aid
Copyright Interests
Patent and Trademark Law
Telecommunications Law
Building and Civil Engineering Disputes
Arbitration and Alternative Dispute Resolution
Transportation and Infrastructure
Employment Law including TUPE
Pensions
Judicial Review
Reparation
Debt Recovery
Data Protection and Freedom of Information
Health and Safety
Regulation of Investigatory Powers (Sc) Act
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
The successful Contractor shall be required to attend quarterly meetings to discuss performance to date and future requirements of the Contract. If there are any issues with the Contract the Council may opt to amend the frequency of the meetings.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.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: 2
In the case of framework agreements, provide justification for any duration exceeding 4 years:
N/A
four.1.6) Information about electronic auction
An electronic auction will be used
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
19 April 2021
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.7) Conditions for opening of tenders
Date
19 April 2021
Local time
12:00pm
Place
Fife
Information about authorised persons and opening procedure
Yahia Reggab/ Tracey Clark
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 18079. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
(SC Ref:644455)
six.4) Procedures for review
six.4.1) Review body
Kirkcaldy Sheriff Court and Justice of Peace Court
Courthouse/Whytescauseway
Kirkcaldy
KY1 1XQ
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts:
An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session