Section one: Contracting authority
one.1) Name and addresses
Scottish Government
5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LA
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10482
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
https://www.publictendersscotland.publiccontractsscotland.gov.uk
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://www.publictendersscotland.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
https://www.publictendersscotland.publiccontractsscotland.gov.uk
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Framework for the provision of Legal Services (2023-2027)
Reference number
SP-21-011
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
The Scottish Procurement and Property Directorate (SPPD) is the organisation tasked with procuring frameworks and contracts on behalf of Scottish public sector bodies. This Legal Services Framework will be a multi-lot and multi-supplier agreement and will cover the following services: Contract, Commercial & Corporate; Debt Recovery; Litigation, Reparation, Employment & Inquiries; Major Infrastructure and Commercial Projects (incl related litigation); Property and Related Matters; One Stop Shop.
The Legal Services Framework agreement will be available for use by the Scottish Ministers (including Agencies), Scottish Non-Departmental Public Bodies, offices in the Scottish Administration which are not ministerial offices, cross-border public authorities within the meaning of section 88(5) of the Scotland Act 1998, The Office of the Advocate General; The Office for the Secretary of State for Scotland, the Scottish Parliamentary Corporate Body, Student Loans Company Limited, the Commissioner of Northern Lighthouse operating as the Northern Lighthouse Board, Scottish Futures Trust, Equality and Human Rights Commission, Business Stream Ltd, any public body established by or under the Scotland Act 1998 or any Act of the Scottish Parliament, any association of or formed by one or more of the foregoing, bodies financed wholly or mainly by one or more of the foregoing, bodies subject to management supervision by one or more of the foregoing and bodies more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by one or more of the foregoing.
Information about agencies of the Scottish Ministers, Scottish Non-Departmental Public Bodies and offices in the Scottish Administration which are not ministerial offices are listed at:
http://www.scotland.gov.uk/Topics/Government/public-bodies/about/Bodies
Overview of the governance structure of public procurement for Scotland, including the Public Procurement Group.
https://www.gov.scot/publications/public-procurement-governance/
two.1.5) Estimated total value
Value excluding VAT: £28,000,000
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
Contract, Commercial and Corporate Law
Lot No
1
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 1 will cover a broad range of commercial and contract work arising including advice in relation to commercial arrangements required to support the drafting of contracts and other commercial documents and advising on contractual issues generally, advice in relation to corporate matters, including setting up companies, corporate governance, finance and assets.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 60
Price - Weighting: 40
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 will be placed for a 4 year period and may be subject to renewal at the end of the 4 year period.
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
Debt Recovery
Lot No
2
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 2 requires advice and assistance on all aspects of debt recovery, including, but not limited to, small claims, summary cause, Sheriff Court and Court of Session recovery actions, post-decree enforcement, earnings arrestments, inhibitions and rent arrears.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 60
Price - Weighting: 40
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 will be placed for a 4 year period and may be subject to renewal at the end of the 4 year period.
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
Litigation, Reparation, Employment and Inquiries
Lot No
3
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 3 requires handling of reparation actions; general commercial litigation; arbitrations; Fatal Accident Inquiries; public local inquiries; guardianship, construction disputes and adjudications; property disputes; property damage claims; health and safety investigations; civil recovery; civil penalties; assistance on inquiries established under the Inquiries Act 2005; Employment Law services; mediation and all forms of alternative dispute resolution.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 60
Price - Weighting: 40
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 will be placed for a 4 year period and may be subject to renewal at the end of the 4 year period.
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
Major Infrastructure and Commercial Projects (and related Litigation)
Lot No
4
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 4 may be required to provide legal advice and services in connections with Framework Public Bodies’ interests in projects which are generally large in size and significant (in terms of both complexity and value) to the business of the relevant Framework Public Body. This potentially will include advice across a variety of sectors which may include, but not be limited to: Energy; Finance; Construction; Oil & Gas; Forestry; Aviation and Environmental, Social & Governance (ESG). Advice could be broad ranging, complex, cross divisional and be of significant scale and sensitivity.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 70
Price - Weighting: 30
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 will be placed for a 4 year period and may be subject to renewal at the end of the 4 year period.
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
Property and Related Matters
Lot No
5
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 5 will cover advice across a wide range of property related matters including, but not limited to, conveyancing, acquisition and sale of property, commercial leasing, crofting matters including sales and recovery of rents, provision of services when entering into new leases of property and advice relating to termination of existing leases, rental schemes, shared equity, planning law, real estate, ability to source property advice for jurisdiction outwith Scotland.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 60
Price - Weighting: 40
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 will be placed for a 4 year period and may be subject to renewal at the end of the 4 year period.
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
One Stop Shop
Lot No
6
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 6 is a Fully Managed Service encompassing all the service types under the other Lots 1-5 in the Legal Services Framework. Suppliers will provide Framework Public Bodies with advice for matters falling within those Lots, where Framework Public Bodies want the ability to channel advice from many different strands of the law (as covered in the various Framework Lots).
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 60
Price - Weighting: 40
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 will be placed for a 4 year period and may be subject to renewal at the end of the 4 year period.
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.1.1) 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 Part 4A of SPD and covers questions 4A.1a, 4A.1.b and 4A.2
Bidders must be registered with, and regulated by, the Law Society of Scotland.
three.1.2) Economic and financial standing
List and brief description of selection criteria
This section refers to Part 4B of the SPD and covers questions 4B.5.1a, 4B.5.1b and 4B.5.2
Minimum level(s) of standards possibly required
It is a requirement of this Framework that bidders hold, or can commit to obtain, prior to the commencement of any subsequently awarded Framework, the types and levels of insurance indicated below:
Public Liability Insurance in the sum of not less than 2,000,000 GBP
Professional Indemnity Insurance in the sum of not less than 2,000,000 GBP
Employer’s Liability Insurance in accordance with any legal obligation for the time being in force.
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
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: 36
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.2.1) Previous publication concerning this procedure
Notice number: 2022/S 022-191397
four.2.2) Time limit for receipt of tenders or requests to participate
Date
5 April 2023
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.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)
four.2.7) Conditions for opening of tenders
Date
5 April 2023
Local time
12:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: Yes
Estimated timing for further notices to be published: The Framework will be placed for a 4 year period and may be subject to renewal at the end of the 4 year period.
six.2) Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
1. Tenderers may bid for all Lots.
2. In the event of a tie, the Authority reserves the right to appoint the tenderer with the highest technical score.
3. Award criteria questions can be found in the ITT together with the weightings.
4. 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 (Sco) Regs 2015.
5. Tenderers must confirm that they will pay all staff that are involved in the delivery of services under the framework agreement, and/or any subsequent call off contract, at least the real Living Wage. Tenderers who fail to answer “Yes” to this question will not have their tender considered further.
6. Question 4.C.4 of the SPD requests that Tenderers state whether they intend, or do not intend, to use a supply chain to deliver the requirements detailed in the ITT.
If Tenderers intend to use a supply chain to deliver the requirements, they should provide evidence in the SPD that they have the relevant supply chain management and tracking systems in place to ensure a resilient and sustainable supply chain. This will include confirmation that the Tenderer has the systems in place to pay subcontractors through the supply chain promptly and effectively, including evidence of:
a) their standard payment terms
b) ≥95% of all supply chain invoices being paid on time (in accordance with the terms of contract) in the last financial year.
If the bidder is unable to confirm and evidence (b) they must provide an improvement plan, signed by their Director, which commits to improvements in the payment performance.
Acceptable evidence includes but is not limited to:
- Extract of the Tenderer’s terms & conditions detailing standard payment terms;
- A summarised accounts payable report showing payment on time performance;
- Payment Performance Statement Signed by External Auditor;
- Credit Score/ Credit Report; or
- An improvement plan, signed by a Director, which commits to improvements in payment performance. Improvement plan template and further evidence examples are held within the Supplier Journey.
Where a Tenderer does not intend to use a supply chain to deliver the requirements detailed in the ITT, they should clearly state this in response to Question 4.C.4.
Responses to Question 4.C.4 will be evaluated as a “Pass” or “Fail”. Tenderers who do not achieve a “Pass” for this question will not be considered further.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 22636. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits has been provided as follows:
The Scottish Government is committed to contributing to the social, economic & environmental well-being of the people of Scotland. Accordingly, while community benefit objectives will not be evaluated as part of the tender process, the successful contractor will be expected to consider the following Community Benefit themes in the delivery of their services.
Details of the Community Benefit themes can be found in the Invitation to Tender.
(SC Ref:717000)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court and Justice of the Peace Court
27 Chambers Street
Edinburgh
EH1 1LB
Telephone
+44 1312252525
Country
United Kingdom
Internet address
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
An economic operator that suffers or risks suffering loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or Court of Session