Section one: Contracting authority
one.1) Name and addresses
Scottish National Investment Bank
1-North, Waverley Gate, 2-4 Waterloo Place
Edinburgh
EH1 3EG
Contact
Martin Bowden
Country
United Kingdom
NUTS code
UKM75 - Edinburgh, City of
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA30487
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
www.publiccontractsscotland.gov.uk/authority/noticecreate/Question602.aspx?ID=650767
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
www.publiccontractsscotland.gov.uk/authority/noticecreate/Question602.aspx?ID=650767
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Other activity
Development Investment Bank
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Corporate Legal Services (Outsourced Legal Support)
Reference number
SNIB0022
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
The Scottish National Investment Bank intends to select and appoint a law firm to provide Corporate Legal Services to the Bank for the next 2 – 3 years.
The Bank wishes to appoint a firm to operate as ‘an extension of our in-house Legal team’, providing additional capacity, access to specialist expertise and added value support to the Bank.
The scope includes legal advice and services to support the Bank and our General Counsel with/on; Employment Law, Corporate Governance, Commercial & Contract law, FCA regulations, GDPR, State Aid & Subsidy Control, Freedom on Information as well as General Legal matters and projects.
two.1.5) Estimated total value
Value excluding VAT: £300,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
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
Scope of Services Required by the Bank
The Bank intends to select and appoint a law firm to provide Corporate Legal Services to the Bank for the next 2 – 3 years.
The Bank wishes to appoint a firm that will operate as ‘an extension of our in-house Legal team’, providing additional capacity, access to specialist expertise and added value support to the Bank.
We anticipate that we will require around 100 days of outsourced legal support per annum (estimated).
The scope includes legal advice and services to support the Bank and our General Counsel with/on:
- General legal matters.
- Employment law.
- Corporate Governance.
- Commercial matters and Contracts.
- Interpretation and application of FCA regulations (but not the project for the Bank to seek/obtain FCA Authorisation)
- State Aid and Subsidy Control.
- GDPR
- Freedom of Information.
- Most other ‘one-off, project-type’ requirements (e.g. property related to Bank offices).
Exclusions to the scope noted above. The Bank will retain the right to appoint other firms for specific matters where:
- It wishes to use an alternative firm to provide particular specialist expertise.
- Client conflicts may prevent the appointed firm from acting for the Bank.
- By exception, it wishes to use an alternative firm(s) to provide services for a ‘one-off project-type’ requirement.
Exclusions - more broadly, the scope of services does not include the provision of the legal services required by the Bank to support it’s specific investments or potential investments (except to the extent included in the scope above).
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 40 - 80%
Price - Weighting: 20 - 60%
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
24
This contract is subject to renewal
Yes
Description of renewals
24 month initial term with option to extend by 12 months.
two.2.9) Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Maximum number: 6
Objective criteria for choosing the limited number of candidates:
The Bank will use the following Selection Criteria to shortlist firms to participate in the tender:
1) Demonstrable track record of advising private sector and public sector organisations on the matters and services in scope (weighting: 30%)
2) Evidence of ability to provide and demonstrate expertise on each/all of the matters and services included in scope. (weighting: 40%)
3) Evidence of providing outsourced legal services and of working collaboratively with clients to provide additional ‘value add’ support (weighting: 30%)
The Bank will apply the weightings shown above and a scoring methodology (described in more detail in the procurement document published with the Contract Notice) to assess responses and reduce the number of qualified candidates.
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.2.14) Additional information
Economic operators may be excluded from this tender if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.
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
Question SPD 4A.2
Bidders must be a 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 Questions 4B.5.1 and 4B.5.2:
Bidders are required to hold the following levels of Insurance:
- Professional Indemnity insurance to the value of at least GBP 5,000,000.
- Employer's Liability insurance to the value of at least GBP 2,000,000.
- Public Liability insurance to the value of at least GBP 2,000,000.
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 SPD that the specified insurance will be obtained
Minimum level(s) of standards possibly required
Professional Indemnity insurance, Employer's Liability insurance and Public Liability insurance to the values specified in this Contract Notice.
Where a Bidder does not hold or commit to obtaining the types and levels of insurance indicated, the Scottish National Investment Bank will exclude the Bidder from the competition.
three.1.3) Technical and professional ability
List and brief description of selection criteria
SPD Question 4C.1.2:
Bidders will be required to provide examples that demonstrate that they have the relevant experience and a track record of providing the legal advice and services specified in the Contract Notice.
Bidders are required to provide a short submission to evidence and demonstrate that they have the capability, capacity and experience to carry out the services required by the Bank, including examples of previous work (undertaken in the last 3 years).
This can be submitted as a separate document but should not exceed 3 sides of A4 paper.
Minimum level(s) of standards possibly required
All bidders must pass the minimum requirements as detailed in this contract notice and bidder's documentation.
Minimum standards required:
- A demonstrable track record of advising private sector and public sector organisations on the matters and services in scope.
- Evidence of ability to provide and demonstrate expertise on each/all of the matters and services included in scope.
- Evidence of providing outsourced legal services and of working collaboratively with clients to provide additional ‘value add’ support.
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 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
Restricted procedure
Accelerated procedure
Justification:
The Bank was formally established in late November 2020 and does not yet have in place the in-house legal capacity that it requires.
Access to consistent Corporate Legal Services and support is important in this early stage of the Bank's development (as well as to support it's growth and delivery of it's Business Plan going forward). Use of accelerated procedure is to ensure that a suitable arrangement for the provision of this corporate legal support is put in place as early as possible.
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 May 2021
Local time
12:00pm
four.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
26 May 2021
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: 4 (from the date stated for receipt of tender)
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
1) IMPORTANT INFORMATION: Reduction of the number of qualified candidates (SPD, Part V)
Bidders will be required to provide examples that demonstrate that they have the relevant experience and a track record of providing the legal advice and services specified in the Contract Notice.
Bidders are required to provide a short submission to evidence and demonstrate that they have the capability, capacity and experience to carry out the services required by the Bank, including examples of previous work (undertaken in the last 3 years).
This can be submitted as a separate document but should not exceed 3 sides of A4 paper.
The Bank will use the following criteria to shortlist firms to participate in the tender:
- Demonstrable track record of advising private sector and public sector organisations on the matters and services in scope (weighting: 30%)
- Evidence of ability to provide and demonstrate expertise on each/all of the matters and services included in scope. (weighting: 40%)
- Evidence of providing outsourced legal services and of working collaboratively with clients to provide additional ‘value add’ support (weighting: 30%)
The Bank will apply the weightings shown above and a scoring methodology (described in more detail in the procurement document published with the Contract Notice) to assess responses and reduce the number of qualified candidates.
2) Further Information and Submission of Responses:
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/authority/noticecreate/Question21.aspx?ID=650767
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.
Bidders 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.
3) Other 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.
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=650767.
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:650767)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom