- Scope of the procurement
- Lot 2. Acquisitions and Disposals
- Lot 3. Housing Management and Debt Recovery (East, Edinburgh, Fife, Scottish Borders and Falkirk)
- Lot 4. Housing Management and Debt Recovery (West, Glasgow Including The Highlands, Argyll and Lanarkshire)
- Lot 5. Development
- Lot 1. Corporate
Section one: Contracting authority
one.1) Name and addresses
Link Group
2c New Mart Road
Edinburgh
EH14 1RL
linkprocurement@linkgroup.org.uk
Telephone
+44 3303030124
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA12842
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://www.publiccontractsscotland.gov.uk/authority/noticecreate/Question602.aspx?ID=631005
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://www.publiccontractsscotland.gov.uk/authority/noticecreate/Question602.aspx?ID=631005
one.4) Type of the contracting authority
Other type
Registered Social Landlord
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Legal Services
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
The Link Group intends to establish a multi-lot Framework Agreement for the provision of Legal Services. The Framework will be divided into 5 lots covering Lot 1 - Corporate Lot 2 - Acquisitions and Disposals Lot 3 - Housing Management and Debt Recovery (East) Lot 4 - Housing Management and Debt Recovery (West) Lot 5 – Development. The Framework will be for a period of 36 months with the option to extend for a further 24 months on a 1 + 1 basis at the sole discretion of the Link Group.
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
Acquisitions and Disposals
Lot No
2
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
- 79110000 - Legal advisory and representation services
- 79111000 - Legal advisory services
- 79112000 - Legal representation services
- 79130000 - Legal documentation and certification services
- 79140000 - Legal advisory and information services
- 75231100 - Law-courts-related administrative services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Conveyancing including; disposals of properties on a shared ownership and shared equity basis; conventional dispositions of property sold under Right to Buy legislation and as part of any stock rationalisation; acquisitions of single or multiple properties. Preparation of Title and Deed of conditions.
Agreements including: Development Agreements; Purchase Agreements; preparation of new shared ownership agreements and on expiry; preparation of assignation or new shared ownership/ shared equity agreements
two.2.5) Award criteria
Quality criterion - Name: Proposed Team / Weighting: 25
Quality criterion - Name: Proposed Strategy / Weighting: 30
Quality criterion - Name: Range of Experience / Weighting: 10
Quality criterion - Name: Added Value / Weighting: 10
Quality criterion - Name: Sustainability / Weighting: 10
Quality criterion - Name: Community Benefit / Weighting: 10
Quality criterion - Name: Fair Work Practices / Weighting: 5
Price - Weighting: 40
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
Option to extend for a further 24 months on a 1 + 1 basis at the sole discretion of the Link Group.
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
Housing Management and Debt Recovery (East, Edinburgh, Fife, Scottish Borders and Falkirk)
Lot No
3
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
- 79110000 - Legal advisory and representation services
- 79112000 - Legal representation services
- 79130000 - Legal documentation and certification services
- 79140000 - Legal advisory and information services
- 75231100 - Law-courts-related administrative services
- 79111000 - Legal advisory services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Anti Social Behaviour Proceedings including: advising on anti social behaviour legislation and its application: attending court as required and supporting officers in presenting evidence, giving statements to Police Scotland;serving of anti social behaviour orders; management and advice relating to tenancy disputes. Provide guidance, assistance as required and prepare any necessary documentation.
Repossessions & Evictions including: advising on recovery of possession and eviction proceedings; attending court representing Link
Debt Collection including: advising on various courses of action related to pursuing for debts due; representing Link in court for recovery proceedings; serving and advising on closure orders, Notice of Inhibitions, notice of potential liability, Notice to Quits, dispersal orders and homelessness challenges. Provision of legal advice on housing benefit legislation.
Scottish and Short Scottish Secure Tenancy Agreements (SST and SSST) including: advising on practices within housing legislation in relation to for example, allocations; allocation appeals; SST and SSST advising and preparing through court and if necessary the conversion of an SST to SSST. Provide guidance, assistance and prepare necessary documentation.
Liability for Charges including: advice on liability for common charges and responsibilities for common ground and property; interpretation of Deeds of Conditions.
Leases and Management Agreements including: preparation and interpretation of management agreements related to property management, preparation of property leases, maintenance and related property and/or tenant/landlord services provided to or received by Link
two.2.5) Award criteria
Quality criterion - Name: Proposed Team / Weighting: 25
Quality criterion - Name: Proposed Strategy / Weighting: 30
Quality criterion - Name: Range of Experience / Weighting: 10
Quality criterion - Name: Sustainability / Weighting: 10
Quality criterion - Name: Added Value / Weighting: 10
Quality criterion - Name: Community Benefit / Weighting: 10
Quality criterion - Name: Fair Work Practices / Weighting: 5
Price - Weighting: 40
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
Option to extend for a further 24 months on a 1 + 1 basis at the sole discretion of the Link Group.
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
Housing Management and Debt Recovery (West, Glasgow Including The Highlands, Argyll and Lanarkshire)
Lot No
4
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
- 79110000 - Legal advisory and representation services
- 79111000 - Legal advisory services
- 79112000 - Legal representation services
- 79130000 - Legal documentation and certification services
- 79140000 - Legal advisory and information services
- 75231100 - Law-courts-related administrative services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Anti Social Behaviour Proceedings including: advising on anti social behaviour legislation and its application: attending court as required and supporting officers in presenting evidence, giving statements to Police Scotland;serving of anti social behaviour orders; management and advice relating to tenancy disputes. Provide guidance, assistance as required and prepare any necessary documentation.
Repossessions & Evictions including: advising on recovery of possession and eviction proceedings; attending court representing Link
Debt Collection including: advising on various courses of action related to pursuing for debts due; representing Link in court for recovery proceedings; serving and advising on closure orders, Notice of Inhibitions, notice of potential liability, Notice to Quits, dispersal orders and homelessness challenges. Provision of legal advice on housing benefit legislation.
Scottish and Short Scottish Secure Tenancy Agreements (SST and SSST) including: advising on practices within housing legislation in relation to for example, allocations; allocation appeals; SST and SSST advising and preparing through court and if necessary the conversion of an SST to SSST. Provide guidance, assistance and prepare necessary documentation.
Liability for Charges including: advice on liability for common charges and responsibilities for common ground and property; interpretation of Deeds of Conditions.
Leases and Management Agreements including: preparation and interpretation of management agreements related to property management, preparation of property leases, maintenance and related property and/or tenant/landlord services provided to or received by Link
two.2.5) Award criteria
Quality criterion - Name: Proposed Team / Weighting: 25
Quality criterion - Name: Proposed Strategy / Weighting: 30
Quality criterion - Name: Range of Experience / Weighting: 10
Quality criterion - Name: Sustainability / Weighting: 10
Quality criterion - Name: Added Value / Weighting: 10
Quality criterion - Name: Community Benefit / Weighting: 10
Quality criterion - Name: Fair Work Practices / Weighting: 5
Price - Weighting: 40
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
Option to extend for a further 24 months on a 1 + 1 basis at the sole discretion of the Link Group.
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
Development
Lot No
5
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
- 79110000 - Legal advisory and representation services
- 79111000 - Legal advisory services
- 79112000 - Legal representation services
- 79130000 - Legal documentation and certification services
- 79140000 - Legal advisory and information services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Construction Law including: construction and engineering contracts, including Ddesign & Bbuild contracts: PPC2000 contracts; NEC4 contracts; collateral warranties and professional appointments; Letter of Intents and Letters of Undertaking; building maintenance and facilities management sub-contracts; advice on existing project matters; ad hoc advice on construction law; mediation, adjudication, arbitration and other alternative dispute resolution proceedings;
Environmental Law including: regulatory compliance advice; statutory enforcement powers and duties;
Planning law including: All aspects of Planning legal work including representation at high profile planning inquiries; legal agreements; advice on planning legislation; enforcement proceedings; key strategic projects; section 69 & 75 agreements and road construction consents.
Property Law including: purchase of sites for development; advice on liability for common charges and responsibilities for common ground and property
two.2.5) Award criteria
Quality criterion - Name: Proposed Team / Weighting: 25
Quality criterion - Name: Proposed Strategy / Weighting: 30
Quality criterion - Name: Range of Experience / Weighting: 10
Quality criterion - Name: Sustainability / Weighting: 10
Quality criterion - Name: Added Value / Weighting: 10
Quality criterion - Name: Community Benefit / Weighting: 10
Quality criterion - Name: Fair Work Practices / Weighting: 5
Price - Weighting: 40
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
Option to extend for a further 24 months on a 1 + 1 basis at the sole discretion of the Link Group.
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
Corporate
Lot No
1
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
- 79110000 - Legal advisory and representation services
- 79111000 - Legal advisory services
- 79112000 - Legal representation services
- 79130000 - Legal documentation and certification services
- 79140000 - Legal advisory and information services
- 75231100 - Law-courts-related administrative services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Employment law both contentious and non-contentious including: disciplinary & grievance; terminations; industrial relations; collective consultation; contracts of employment, breach of contract and variation of contract; redundancy; equal pay; discrimination; family friendly policies; the Equality Act; fixed term, part time and working time; PIDA: restructuring and outsourcing; transfers and mergers; TUPE; tribunal procedure and advocacy; frontline HR support and providing opinions, briefing notes, information and training;
Corporate law including: setting up companies (including charitable companies) and limited liability partnerships; joint ventures; acquisitions and disposals of assets and shares; restructurings; shareholder agreements; operating agreements; company secretarial services; advice related to charitable/non-charitable activities/trading; general corporate advice including advice on directors duties and other statutory matters;
Governance including: advice on good practice; statutory / regulatory authority requirements/expectations; benefits as defined in regulatory guidance; Codes of Conduct for governing body members;
Commercial contracts including: contracts for supply of goods and services; events, sponsorship, advertising and funding agreements; housing association legislative compliance and trading powers; joint working and partnership agreements; consumer credit legislation and compliance; Data Protection; FCA registration and compliance; ad hoc contract law queries;
Banking including: advising on loan facility agreements with lenders; re-structuring facilities; security arrangements; bond issues and institutional investment;
Intellectual Property including: trademark, patent, copyright and design right protection and enforcement; IP commercialisation and licensing;
Procurement and Competition Law including: EU procurement and competition regulation compliance; best value requirements; alternative business models and outsourcing; general advice on all aspects of procurement law and best practice;
Litigation including: litigation related to all areas of Link business (including contractual actions); debt recovery; inhibitions; interdict; statutory enforcement proceedings; statutory appeals; Judicial Review; Guardianship Orders and Intervention Orders under the Adults with Incapacity (Scotland) Act 2000; advice related to the Protection of Vulnerable Groups (Scotland) Act 2007; pursuing/ defending reparation actions (including personal injury)
Consumer Credit including: advising on whether activities carried out or proposing to be carried out by Link requires a consumer credit licence including liaising with the Office of Fair Trading.
Regulated Activities including: advice on regulation with the Scottish Housing Regulator, Office of the Scottish Charity Regulator, Care Inspectorate and the Financial Conduct Authority and what constitutes regulated activities including compliance with the regulatory body requirements.
Mergers & Acquisitions including: advising on appropriate group structures and how to manage group expansion.
Pensions including: admission agreements; calculation of pension loss; general pension law advice; Scottish Housing Association Pension Scheme queries; Court actions; pension fund governance; liability limitation.
Data Protection including: compliance with legislation and good practice, managing data protection queries and requests for information
Health and Safety including advice relating to the application of health and safety legislation relating to Link’s service delivery activities; legislation relating to Link’s role as an employer and; support and guidance in relation to engagement with the Health and Safety Executive.
two.2.5) Award criteria
Quality criterion - Name: Proposed Team / Weighting: 25
Quality criterion - Name: Proposed Strategy / Weighting: 30
Quality criterion - Name: Range of Experience / Weighting: 10
Quality criterion - Name: Sustainability / Weighting: 10
Quality criterion - Name: Added Value / Weighting: 10
Quality criterion - Name: Community Benefit / Weighting: 10
Quality criterion - Name: Fair Work Practices / Weighting: 5
Price - Weighting: 40
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
Option to extend for a further 24 months on a 1 + 1 basis at the sole discretion of the Link Group.
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
List and brief description of conditions:
Question SPD 4A.2
Bidders must be a member of the following in respect of Lots 1,2,3,4 and 5:-
Member of the Law Society of Scotland
It is a mandatory requirement for bidders to hold the above memberships.
three.1.2) Economic and financial standing
List and brief description of selection criteria
SPD Question 4.B.5/4.B.5.1
Bidders are required to hold the following levels of Insurance:
Lot 1, & Lot 2
Employer's Liability insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Public Liability insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Professional Indemnity insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Lot 3 & 4 -
Employer's Liability insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Public Liability insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Professional Indemnity insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Lot 5 -
Employer's Liability insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Public Liability insurance to the value of at least FIVE MILLION (GBP 5,000,000) POUNDS STERLING
Professional Indemnity insurance to the value of at least TEN MILLION (GBP 10,000,000) POUNDS STERLING
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.
Should the Bidder not have the specified insurances at the time of tendering then, the Bidder must certify in their response to the ESPDS that the specified insurance will be obtained.
Where a Bidder does not hold or commit to obtaining the types and levels of insurance indicated, the Link Group will exclude the Bidder from the competition.
Minimum level(s) of standards possibly required
All bidders must pass the minimum requirements as detailed in this contract notice and bidder's documentation.
three.1.3) Technical and professional ability
List and brief description of selection criteria
SPDS Question 4C.1.2
Bidders will be required to provide three (3) examples of a similar scope, size and nature, of working directly with Registered Social Landlords, Local Authority or other similar sectors within the last 3 years that demonstrate that they have the relevant experience to deliver the services required.
- The value for each of the three contracts(s) carried out.
- The scope of the requirements for these three contracts
- The organisations that the three contracts were carried out on behalf of
- Reference contacts at the three organisations
- The term of contract (for each of the three Contracts)
Minimum level(s) of standards possibly required
All bidders must pass the minimum requirements as detailed in this contract notice and bidder's documentation.
three.2) Conditions related to the contract
three.2.1) Information about a particular profession
Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision
Bidders must be a member of the following in respect of Lots 1,2,3,4 and 5:
Member of the Law Society of Scotland
three.2.3) Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
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
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
Originally published as:
Date
3 May 2021
Local time
12:00pm
Changed to:
Date
5 May 2021
Local time
12:00pm
See the change notice.
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: 3 (from the date stated for receipt of tender)
four.2.7) Conditions for opening of tenders
Date
3 May 2021
Local time
12:30pm
Place
Edinburgh
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
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 (Scotland) Regulations 2015.
Bidders responses to the SPD will be assessed on the basis of:
Questions 2A.1 – 2D.1.1 Information Only;
Questions 3A – 4C.8.2 – Pass or Fail;
Question 4C.10 –Information Only
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=648467.
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
(SC Ref:648467)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court and Justice of the Peace Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom