Tender

Provision of Legal Services to the Welsh Language Commissioner

  • Comisiynydd y Gymraeg

F02: Contract notice

Notice identifier: 2024/S 000-037012

Procurement identifier (OCID): ocds-h6vhtk-04b6d2

Published 15 November 2024, 12:58pm



Section one: Contracting authority

one.1) Name and addresses

Comisiynydd y Gymraeg

Uned 2 Bloc C, Doc Fictoria

Caernarfon

LL55 1TH

Contact

Siân Elen McRobie

Email

tendro@cyg-wlc.cymru

Telephone

+44 3456033221

Country

United Kingdom

NUTS code

UKL12 - Gwynedd

Internet address(es)

Main address

https://www.comisiynyddygymraeg.cymru

Buyer's address

https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0480

one.3) Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at

https://www.sell2wales.gov.wales

Additional information can be obtained from the above-mentioned address

Tenders or requests to participate must be submitted electronically via

https://www.sell2wales.gov.wales

one.4) Type of the contracting authority

National or federal Agency/Office

one.5) Main activity

General public services


Section two: Object

two.1) Scope of the procurement

two.1.1) Title

Provision of Legal Services to the Welsh Language Commissioner

Reference number

CYG043

two.1.2) Main CPV code

  • 79100000 - Legal services

two.1.3) Type of contract

Services

two.1.4) Short description

The Commissioner requires a 4 year framework agreement for legal advice on a range of subjects and issues relevant to his statutory functions.

two.1.5) Estimated total value

Value excluding VAT: £150,000

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

Representation in proceedings and barrister services

Lot No

2

two.2.2) Additional CPV code(s)

  • 79112000 - Legal representation services

two.2.3) Place of performance

NUTS codes
  • UKL - Wales

two.2.4) Description of the procurement

Representing the Commissioner in proceedings before the Welsh Language Tribunal, County Court or High Court. Advising and representing the Commissioner with regard to judicial reviews, and intervening in legal proceedings (Sections 8 - 10 of the Measure) or in response to judicial reviews against the Commissioner.

Advising the Commissioner on a point of law and as such, the companies appointed to the framework agreement will need to have access to barrister services where appropriate and in proceedings where the services of a barrister are needed.

two.2.5) Award criteria

Quality criterion - Name: Capability in the Welsh language / Weighting: 100

Quality criterion - Name: Personnel and Capacity / Weighting: 50

Quality criterion - Name: Quality Management and Communication / Weighting: 20

Price - Weighting: 30

two.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Start date

1 April 2025

End date

31 March 2029

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

Submissions for this FTS notice may be made in the Welsh language or bilingually, but only through this official FTS notice. The corresponding information in the Welsh language for this notice has been placed on the Gwerthwch i Gymru website https://www.gwerthwchigymru.llyw.cymru .

two.2) Description

two.2.1) Title

General legal advice to the Commissioner

Lot No

1

two.2.2) Additional CPV code(s)

  • 79100000 - Legal services

two.2.3) Place of performance

NUTS codes
  • UKL - Wales

two.2.4) Description of the procurement

Advice on any matter relating to the interpretation and implementation of the Welsh Language (Wales) Measure 2011. Advice on the Welsh Language Act 1993 or any other legislation, regulation or advice relevant to the Commissioner and the implementation of the Commissioner's powers, duties and functions.

Matters relating to the implementation of the Welsh Language (Wales) Measure 2011 and the Welsh Language Act 1993, the Commissioner's powers, functions and duties in relation to other British, European and International legislation.

The ability to access barrister services where appropriate.

two.2.5) Award criteria

Quality criterion - Name: Capability in The Welsh language / Weighting: 100

Quality criterion - Name: Personnel and Capacity / Weighting: 50

Quality criterion - Name: Quality Management and Communication / Weighting: 20

Price - Weighting: 30

two.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Start date

1 April 2025

End date

31 March 2029

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

Submissions for this FTS notice may be made in the Welsh language or bilingually, but only through this official FTS notice. The corresponding information in the Welsh language for this notice has been placed on the Gwerthwch i Gymru website https://www.gwerthwchigymru.llyw.cymru .

two.2) Description

two.2.1) Title

Employement, commercial and governance

Lot No

3

two.2.2) Additional CPV code(s)

  • 79100000 - Legal services

two.2.3) Place of performance

NUTS codes
  • UKL - Wales

two.2.4) Description of the procurement

Employment matters common to public bodies.

Advice on building leases and other commercial matters relating to the Commissioner's resources.

Advice on data protection issues, freedom of information, environmental regulations and other matters relating to the Commissioner's Governance.

Any other legal advice as required by the Commissioner.

two.2.5) Award criteria

Quality criterion - Name: Capability in the Welsh Language / Weighting: 100

Quality criterion - Name: Personnel and Capacity / Weighting: 50

Quality criterion - Name: Quality Management and Communication / Weighting: 20

Price - Weighting: 30

two.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Start date

1 April 2025

End date

31 March 2029

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

Submissions for this FTS notice may be made in the Welsh language or bilingually, but only through this official FTS notice. The corresponding information in the Welsh language for this notice has been placed on the Gwerthwch i Gymru website https://www.gwerthwchigymru.llyw.cymru


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

Please refer to SPD

three.1.2) Economic and financial standing

Selection criteria as stated in the procurement documents

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

Solicitors - practicing certificate - Solicitors Regulation Authority

Barristers - practicing certificate - Bar Standards Board

three.2.2) Contract performance conditions

Criteria stated in the procurement documents

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

Date

17 January 2025

Local time

12:00pm

four.2.4) Languages in which tenders or requests to participate may be submitted

English, Welsh

four.2.6) Minimum time frame during which the tenderer must maintain the tender

Duration in months: 2 (from the date stated for receipt of tender)

four.2.7) Conditions for opening of tenders

Date

17 January 2025

Local time

5:00pm

Place

Electronic

Information about authorised persons and opening procedure

Director of Governance & Corporate Services

Senior Finance & Resources Officer


Section six. Complementary information

six.1) Information about recurrence

This is a recurrent procurement: Yes

Estimated timing for further notices to be published: October 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

The tender documents relating to this procurement have been published in the Welsh and English languages. The Welsh language version of the documents are published on https://www.gwerthwchigymru.llyw.cymru

NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site at https://www.sell2wales.gov.wales/Search/Search_Switch.aspx?ID=145442.

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.sell2wales.gov.wales/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.

(WA Ref:145442)

Download the ESPD document here: [[https://www.gwerthwchigymru.llyw.cymru/ESPD/ESPD_Download.aspx?id=145442]]

six.4) Procedures for review

six.4.1) Review body

High Court

Royal Courts of Justice, The Strand

London

WC2A 2LL

Telephone

+44 2079477501

Country

United Kingdom