Section one: Contracting authority
one.1) Name and addresses
Scottish Enterprise
Atrium Court, 50 Waterloo Street
Glasgow
G2 6HQ
Telephone
+44 1414686024
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
Internet address(es)
Main address
http://www.scottish-enterprise.com/
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00398
one.1) Name and addresses
Highlands and Islands Enterprise
An Lòchran, 10 Inverness Campus
Inverness
IV2 5NA
Telephone
+44 1463383084
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=AA00313
one.1) Name and addresses
South of Scotland Enterprise Agency
Carmont House, The Crichton, Bankend Road
Dumfries
DG1 4TA
Telephone
+44 1750535901
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
http://www.southofscotlandenterprise.com
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA30448
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
www.publiccontractsscotland.gov.uk
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
www.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
www.publiccontractsscotland.gov.uk
one.4) Type of the contracting authority
Regional or local Agency/Office
one.5) Main activity
Economic and financial affairs
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Legal Services Framework 2024-2028
Reference number
P25-0001
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
The purpose of this ITT is to appoint up to 4 suppliers to a Legal Services framework agreement for Scottish Enterprise (SE), Highlands & Islands Enterprise (HIE), South of Scotland Enterprise Agency (SOSE), and their respective subsidiary and associated companies and undertakings, and public bodies sharing complementary economic development and/or training objectives.
This framework is anticipated to commence in December 2024 and will have a duration of 4 years (48 months).
two.1.5) Estimated total value
Value excluding VAT: £11,100,000
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
- 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
The purpose of this ITT is to appoint up to 4 suppliers to a Legal Services framework agreement for Scottish Enterprise (SE), Highlands & Islands Enterprise (HIE), South of Scotland Enterprise Agency (SOSE), and their respective subsidiary and associated companies and undertakings, and public bodies sharing complementary economic development and/or training objectives.
This framework is anticipated to commence in December 2024 and will have a duration of 4 years (48 months).
The Framework will cover a wide range of legal and associated services both at a domestic and international level, including but not limited to: commercial property, commercial contracts, construction, corporate/corporate finance/corporate governance, data protection, dispute resolution, employment, intellectual property, regulatory compliance (including subsidy law, financial services, data protection, information security and freedom of information), procurement and all aspects of public law. There may be new areas of law arising (for example artificial intelligence law) that we would also expect the Framework to cover in terms of providing advice on developments in these new areas.
two.2.5) Award criteria
Quality criterion - Name: Prompt Payment / Weighting: Pass/Fail
Quality criterion - Name: Application of experience, skills and knowledge required to deliver the framework / Weighting: 41
Quality criterion - Name: Understanding the Purchasers’ operations, values, objectives and risks / Weighting: 31
Quality criterion - Name: Service delivery including contract management and continuous improvement / Weighting: 10
Quality criterion - Name: Added value and partnership working / Weighting: 8
Quality criterion - Name: Information Security Requirements / Weighting: 5
Quality criterion - Name: Business Continuity and Disaster Recovery / Weighting: 3
Quality criterion - Name: Fair Work First / Weighting: 2
Price - Weighting: 30
two.2.6) Estimated value
Value excluding VAT: £11,100,000
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.2.14) 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.
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
The relevant selection criteria will be included in the SPD module.
Statement for 4A2: Bidders are required to be regulated and/or authorised (as appropriate) to practice law by the relevant professional regulatory body or bodies in the jurisdiction(s) in which they practice.
three.1.2) Economic and financial standing
List and brief description of selection criteria
The relevant selection criteria will be included in the SPD module.
three.1.3) Technical and professional ability
List and brief description of selection criteria
The relevant selection criteria will be included in the SPD module.
Statement for 4A2: Bidders are required to be regulated and/or authorised (as appropriate) to practice law by the relevant professional regulatory body or bodies in the jurisdiction(s) in which they practice
Statement for 4C6: Unless otherwise agreed (e.g.in the case of the proposed use of paralegals or trainee solicitors) individuals delivering the services under the framework must be legally qualifies and must hold an unrestricted practicing certificate issued by the relevant professional regulatory body (e.g. the Law Society of Scotland)
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
Statement for 4A2: Bidders are required to be regulated and/or authorised (as appropriate) to practice law by the relevant professional regulatory body or bodies in the jurisdiction(s) in which they practice
three.2.2) Contract performance conditions
Please see attached ITT
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: 4
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: 2020/S 200-486739
four.2.2) Time limit for receipt of tenders or requests to participate
Date
7 November 2024
Local time
11:00am
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
7 November 2024
Local time
11:00am
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: Yes
Estimated timing for further notices to be published: Scottish Enterprise (SE) publishes an annual forward plan of anticipated procurement activity. The recurrence of this framework is
envisaged as being included within the plan for 2028.
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
This is a priority climate change contract, bidders are required to complete and return the attached Climate Change Plan template.
SPD Statement for 2A.17 – Form of Participation (Notably as part of a group, consortium, joint venture or similar).
Any contract will be entered into with the nominated lead organisation and all members of the consortium, who will in these circumstances each be required to execute said contract together with all ancillary documentation, evidencing their joint and several liability in respect of the obligations and liabilities of the contract. It will be for members of the consortium to sort out their respective duties and liabilities amongst each other. For administrative purposes, any associated documentation will be sent to the nominated lead organisation.
SPD Statement for 2C.1 - Where the main bidder relies on the capacities of other entities in order to meet the selection criteria, the bidder must provide a separate SPD response setting out the information required under SPD (Scotland): Part II (sections A and B); Part III exclusion grounds; the relevant part of Section IV selection criteria; and Part V (if applicable) for each of the entities concerned.
SPD Statement for 2D.1.2 – If the bidder proposes to subcontract any part(s) of the service and those sub-contractors are not relied upon, they should arrange for a separate SPD response from each potential subcontractor. The subcontractors must complete the relevant parts of the SPD (Scotland) (Sections A and B of Part II and Part III only) to self-declare whether there are grounds for their exclusion. [This may be requested at the selection stage or prior to the subcontractor commencing work on the contract.]
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=775380.
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.
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:
This Contract Notice is for the establishment of a Framework Agreement for the provision of out-sourced legal services. The individual call-offs from this framework will all be of a lesser value, the majority of which will be under GBP50,000 therefore no sub-contract clause is being included.
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:
Scottish Enterprise is committed to contributing to the social, economic & environmental well-being of the people of Scotland, in order to create a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth. Accordingly, while the following community benefit objectives will not be evaluated as part of the tender process, bidders will be expected to present a community benefit proposal with their tender.
The community benefit activity proposed for this contract should be specific to this tender and should not be activities that are already being undertaken.
Examples of Community Benefits are outlined in the ITT
(SC Ref:775380)
Download the ESPD document here: https://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=775380
six.4) Procedures for review
six.4.1) Review body
Glasgow Sheriff Court and Justice of the Peace Court
Sheriff Clerk’s Office, PO Box 23, 1 Carlton Place,
Glasgow
G5 9DA
Country
United Kingdom
Internet address
six.4.2) Body responsible for mediation procedures
Scottish Government
5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
SPOEprocurement@scotland.gsi.gov.uk
Country
United Kingdom
Internet address
http://www.gov.scot/Topics/Government/Procurement/Selling/supplier-enquiries
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In the first instance, contact the Head of Facilities Management and Procurement at Scottish Enterprise, with any concerns or enquiries. Email: https://www.scottish-enterprise.com/help/contact-us.
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 that will be started in the High Court.
six.4.4) Service from which information about the review procedure may be obtained
Scottish Government
5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
SPOEprocurement@scotland.gsi.gov.uk
Country
United Kingdom
Internet address
http://www.gov.scot/Topics/Government/Procurement/Selling/supplier-enquiries