- 1. The City of Edinburgh Council
- 2. Stirling Council
- 3. West Lothian Council
- 4. East Lothian Council
- 5. Midlothian Council
- 6. Falkirk Council
- 7. The Highland Council
- 8. East Dunbartonshire Council
- 9. Aberdeen City Council
- 10. Aberdeenshire Council
- 11. South Ayrshire Council
- 12. Orkney Islands Council
- 13. Shetland Islands Council
- 14. Inverclyde Council
- 15. Dumfries and Galloway Council
Section one: Contracting authority
one.1) Name and addresses
The City of Edinburgh Council
Waverley Court, 4 East Market Street
Edinburgh
EH8 8BG
Contact
Darren Moir
Telephone
+44 1314693922
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=AA00290
one.1) Name and addresses
Stirling Council
Strategic Commissioning, Old Viewforth
Stirling
FK8 2ET
Telephone
+44 1786233384
Country
United Kingdom
NUTS code
UKM77 - Perth & Kinross and Stirling
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00146
one.1) Name and addresses
West Lothian Council
West Lothian Civic Centre, Howden South Road
Livingston
EH54 6FF
Telephone
+44 1506281814
Fax
+44 1506281325
Country
United Kingdom
NUTS code
UKM78 - West Lothian
Internet address(es)
Main address
https://www.westlothian.gov.uk/
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00140
one.1) Name and addresses
East Lothian Council
John Muir House
Haddington, East Lothian
EH41 3HA
procurement@eastlothian.gov.uk
Telephone
+44 1620827827
Fax
+44 1506281325
Country
United Kingdom
NUTS code
UKM73 - East Lothian and Midlothian
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00181
one.1) Name and addresses
Midlothian Council
Midlothian House, Buccleuch Street
Dalkeith
EH22 1DN
Telephone
+44 1312707500
Fax
+44 1506281325
Country
United Kingdom
NUTS code
UKM73 - East Lothian and Midlothian
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00336
one.1) Name and addresses
Falkirk Council
4 Central Park, Central Boulevard
Larbert
FK5 4RU
Telephone
+44 1324506566
Fax
+44 1506281325
Country
United Kingdom
NUTS code
UKM76 - Falkirk
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00184
one.1) Name and addresses
The Highland Council
Council Headquarters, Glenurquhart Road
Inverness
IV3 5NX
Telephone
+44 1463702563
Fax
+44 1506281325
Country
United Kingdom
NUTS code
UKM6 - Highlands and Islands
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00045
one.1) Name and addresses
East Dunbartonshire Council
Civic & Corporate Headquarters, Southbank Marina,12 Strathkelvin Place
Kirkintilloch
G66 1TJ
procurement@eastdunbarton.gov.uk
Telephone
+44 1415745750
Fax
+44 1415745529
Country
United Kingdom
NUTS code
UKM81 - East Dunbartonshire, West Dunbartonshire and Helensburgh & Lomond
Internet address(es)
Main address
http://www.eastdunbarton.gov.uk
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00225
one.1) Name and addresses
Aberdeen City Council
Marischal College
Aberdeen
AB10 1AB
CPSSprocurement@aberdeencity.gov.uk
Telephone
+44 1467539600
Fax
+44 1415745529
Country
United Kingdom
NUTS code
UKM50 - Aberdeen City and Aberdeenshire
Internet address(es)
Main address
http://www.aberdeencity.gov.uk
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00231
one.1) Name and addresses
Aberdeenshire Council
Woodhill House, Westburn Road
Aberdeen
AB16 5GB
cpssprocurement@aberdeencity.gov.uk
Telephone
+44 1467539600
Fax
+44 1415745529
Country
United Kingdom
NUTS code
UKM50 - Aberdeen City and Aberdeenshire
Internet address(es)
Main address
http://www.aberdeenshire.gov.uk
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00232
one.1) Name and addresses
South Ayrshire Council
County Buildings, Wellington Square
Ayr
KA7 1DR
procurement@south-ayrshire.gov.uk
Telephone
+44 3001230900
Fax
+44 1415745529
Country
United Kingdom
NUTS code
UKM94 - South Ayrshire
Internet address(es)
Main address
http://www.south-ayrshire.gov.uk/procurement/
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00405
one.1) Name and addresses
Orkney Islands Council
Council Offices, School Place
Kirkwall
KW15 1NY
Telephone
+44 01856873535
Fax
+44 01856876158
Country
United Kingdom
NUTS code
UKM65 - Orkney Islands
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00369
one.1) Name and addresses
Shetland Islands Council
Town Hall, Lerwick
Shetland
ZE1 0HB
contract.admin@shetland.gov.uk
Telephone
+44 1595744595
Fax
+44 01856876158
Country
United Kingdom
NUTS code
UKM66 - Shetland Islands
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00402
one.1) Name and addresses
Inverclyde Council
Procurement, Municipal Buildings, Clyde Square
Greenock
PA15 1LY
corporate.procurement@inverclyde.gov.uk
Telephone
+44 1475712634
Fax
+44 01856876158
Country
United Kingdom
NUTS code
UKM83 - Inverclyde, East Renfrewshire and Renfrewshire
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00168
one.1) Name and addresses
Dumfries and Galloway Council
Procurement Team, English Street
Dumfries
DG1 2DD
Procurement.Tenders@dumgal.gov.uk
Telephone
+44 3033333000
Fax
+44 01856876158
Country
United Kingdom
NUTS code
UKM92 - Dumfries & Galloway
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00219
one.2) Information about joint procurement
The contract involves joint procurement
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
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
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
CT2945 Legal Services Framework
Reference number
CT2945
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
The City of Edinburgh Council’s in-house legal team provides advice and support on all legal matters relating to the Council. The team instructs external firms where it has insufficient capacity or where particular specialist advice is required. The Council wishes to appoint a number of suitably qualified and experienced law firms (“Service Providers”) to a six lot Framework Agreement to carry out legal services for the City of Edinburgh Council and other named Scottish local authorities. The type and volume of advice required may fluctuate during the period of the Contract.
two.1.5) Estimated total value
Value excluding VAT: £22,000,000
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
Commercial
Lot No
1
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
Edinburgh
two.2.4) Description of the procurement
Lot 1: Commercial
The Council expects the following services from Service Providers to include but is not limited to: Public law, Corporate law, Commercial contracts, Finance law and financial services law, Intellectual property, IT, Procurement, FOISA, Data protection, RIPSA and RIPA, Commercial and Pensions.
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
No
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 Planning
Lot No
2
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
Edinburgh
two.2.4) Description of the procurement
Lot 2: Property and Planning
The Council expects the following services from Service Providers to include but is not limited to: Property law, Construction law, Environmental law, Planning law, Transportation law and Litigation support for all of the above.
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
No
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
Lot No
3
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
Edinburgh
two.2.4) Description of the procurement
Lot 3: Litigation
The Council expects the following services from Service Providers to include but is not limited to: Childcare law, Education law, Litigation, Licensing law.
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
No
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
Employment
Lot No
4
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
Edinburgh
two.2.4) Description of the procurement
Lot 4: Employment Law
The Council expects the following services from Service Providers to include but is not limited to: Providing legal advice in relation to local government employment law matters, Providing support in the furtherance of positive employee relations, Providing legal advice in relation to litigated employment matters, Providing front-line expert support to complex high risk HR case management, Providing advice and support on the development of employment policies and practices, Providing advice on major projects in relation to employment matters and Advocacy (including solicitor-advocacy if possible).
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
No
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
6
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
Edinburgh
two.2.4) Description of the procurement
Lot 6: Debt Recovery
The Council expects the following services from Service Providers to include but is not limited to the three categories of debt to be recovered: (1) council tax & non-domestic rates (NDR), (2) sundry debt, including not limited to parking penalty charges and statutory repairs debt and (3) heritage court - 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
No
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 Projects and Investigations
Lot No
5
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
Edinburgh
two.2.4) Description of the procurement
Lot 5: Major Projects and Investigations
The Council expects the following services from Service Providers to include but is not limited to:
The provision of strategic and multi-disciplinary advice in respect of major, high value and/or complex matters requiring expertise in excess of that which would ordinarily fall within Lots 1 to 4 of the Contract; and
The provision of complex multi-disciplinary investigatory advice in respect of major, high value and/ or complex matters requiring investigatory expertise in excess of that which would ordinarily fall within Lots 1 to 4 of the Contract.
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
No
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 Section A of Part IV of SPD (Scotland) and covers question 4A2b: 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
Part III: Section A, B, C & D 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 [for above threshold)/8 and 9 of the Procurement (Scotland) Regulations 2016 (below threshold).
Part IV: Selection criteria B: Economic and financial standing – Question 4B.1 - Tenderers are required to have a minimum “general” annual turnover for the last two financial years. For lot 1 - GBP 368,300; for lot 2 - GBP 656,625; for lot 3 - GBP 474,800; for lot 4 - GBP 238,500; for lot 5 - GBP 681,500; and for lot 6 - GBP 425,000. Where a Tenderer does not have an annual turnover of this value, the Council may exclude the Tenderer from the competition or may apply discretion seeking supporting evidence to determine the Tenderer’s suitability to proceed in the competition.
Part IV: Selection criteria B: Economic and financial standing – Question 4B.4 Tenderers will be required provide the following information in response to 4B.4:
For lots 1, 2, 3 5 and 6:
Current ratio for Current Year: >1.15
Current ratio for Prior Year: >1.15
For lot 4:
Current ratio for Current Year: >1.10
Current ratio for Prior Year: >1.10
The formula for calculating a Tenderer’s current ratio is current assets divided by current liabilities. The acceptable range for each financial ratio is greater than the respective ratios above. Where a Tenderer’s current ratio is less than the acceptable value, the Council may exclude the Tenderer from the competition or may apply discretion seeking supporting evidence to determine the Tenderer’s suitability to proceed in the competition.
Minimum level(s) of standards possibly required
This Section refers to Section B of Part IV of the SPD (Scotland) and covers question 4B5.
Minimum level(s) of standards required:
Tenderers are required to hold, or commit to obtaining prior to the commencement of any subsequently awarded contract, the types and levels of insurance indicated below:
(a) Employers (Compulsory) Liability Insurance: GBP 5m or such higher amount as may be in accordance with any legal requirement for the time being in force;
(b) Public Liability Insurance - GBP 5m; and
(c) Professional Indemnity - GBP 5m.
Where a Tenderer does not hold or commit to obtaining the types and levels of insurance indicated, the Council will exclude the Tenderer from the competition.
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
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
Reference to the relevant law, regulation or administrative provision:
Bidders must be registered with, and regulated by, 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
Envisaged maximum number of participants to the framework agreement: 23
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2023/S 000-005330
four.2.2) Time limit for receipt of tenders or requests to participate
Date
26 June 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
26 June 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: Within 4 years
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
CONTRACT SPECIFIC MANDATORY CRITERIA
Part IV: Selection criteria - C: Technical and Professional Ability – Prompt Payment – Question 4C.4 - It is a mandatory requirement of this Contract that a prompt payment clause is present in all Contracts used in the delivery of the requirements. This ensures payment of sub-contractors at all stages of the supply chain within 30 days and includes an obligation to provide a point of contact for sub-contractors to refer to in the case of payment difficulties. This will require active monitoring of payment performance as well as the provision of evidence and reports to the Council on request or as contractually scheduled. Bidders should confirm that this condition will be met within the response to this question.
Part IV: Selection criteria - C: Technical and Professional Ability – Climate Change – Question 4C.7 - It is a mandatory requirement that Tendering Organisations will be required to provide evidence that their organisation has taken steps to build their awareness of the climate change emergency and how they will respond. Tendering organisations will be required to complete the Climate Change Plan Template, including planned projects and actions to reduce the bidder’s carbon emissions. This does not need to contain calculated carbon emissions.
Part IV: Selection criteria - D: Quality Assurance Schemes & Environmental Management – Question 4D.1 - It is a mandatory requirement that Tendering Organisations with more than 5 employees have in place a Health & Safety Policy which is approved at a senior level within the Organisation and is reviewed regularly. Bidders should confirm that this condition has been met within the response to this question. Where a Bidder does not have a Health & Safety Policy and is required to do so, the Council may exclude the Bidder from the competition.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 24186. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
The Contracting Authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
The Contracting Authority does not intend to include a sub-contract clause as the contract is divided into 6 lots.
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:
Further information can be found in the Specifications and Tenderers' Submissions.
(SC Ref:733139)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom
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 Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or Court of Session. . A claim for an ineffectiveness order must be made within 30 days of the Contract Award Notice being published in the Find a Tender Service /OJEU or within 30 days of the date those who expressed an interest in or otherwise bid for the contract were informed of the conclusion of the contract or in any other case within 6 months from the date on which the contract was entered into.