Services - 314885-2020

06/07/2020    S128

United Kingdom-Liverpool: Legal services

2020/S 128-314885

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Crown Commercial Service
Postal address: 9th Floor, The Capital, Old Hall Street
Town: Liverpool
NUTS code: UK UNITED KINGDOM
Postal code: L3 9PP
Country: United Kingdom
E-mail: supplier@crowncommercial.gov.uk
Telephone: +44 3150103503

Internet address(es):

Main address: https://www.gov.uk/ccs

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://crowncommercialservice.bravosolution.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://crowncommercialservice.bravosolution.co.uk
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Trade Law Panel

Reference number: RM6183
II.1.2)Main CPV code
79100000 Legal services
II.1.3)Type of contract
Services
II.1.4)Short description:

Crown Commercial Service (CCS) intends to put in place a framework contract for the provision of specialist legal services for International Trade Law, to be utilised by UK Central Government Departments and associated bodies (Buyers) identified at VI.3.

This framework will be the recommended vehicle for all International Trade Law services required by buyers. Its purpose is to complement existing government legal frameworks and specifically assist with international trade disputes and negotiations.

The framework will be established for 4 years and comprises of:

Lot 1 (International Trade and Disputes)

Lot 2 (International Trade and Negotiations).

Appointed Suppliers will provide legal services in respect of all the mandatory specialisms detailed in the specification and optional specialisms (if qualified to do so). Suppliers will provide services relating to domestic law of different jurisdictions. The full specification is set out in framework schedule 1 (Specification).

II.1.5)Estimated total value
Value excluding VAT: 115 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

International Trade and Disputes

Lot No: 1
II.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
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

Lot 1 covers advice and services in relation to the mitigation and conduct of disputes under the World Trade Organisation (WTO) and trade agreement dispute settlement mechanisms, as well as compliance with and enforcement of international law relating to trade, including but not limited to the law of WTO and trade agreements.

Lot 1 is predominantly for the provision of services in the law of the WTO and trade agreement disputes as well as both international and foreign domestic law in respect of the framework’s subject matter.

Suppliers appointed to this lot must provide advice and services in relation to the areas of mandatory specialism detailed in the specification for Lot 1.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Quality / Weighting: 80
Price - Weighting: 20
II.2.6)Estimated value
Value excluding VAT: 70 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

At part 1 CCS will invite the top 17 scoring bidders in lot 1 to participate in part 2 of the Award Stage. At part 2 CCS will award a place in lot 1 to the top-scoring 13 bidders. CCS reserves the right to award to any bidder within 1 % of the final placed.

II.2)Description
II.2.1)Title:

International Trade and Negotiations

Lot No: 2
II.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
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

Lot 2 covers the provision of legal advice and services in relation to the negotiation and implementation of trade agreements and trading relationships and compliance with and enforcement of international law relating to trade. This includes the law of the World Trade Organisation (WTO) and trade agreements.

Suppliers appointed to this lot must provide advice and services in relation to the areas of Mandatory Specialism detailed in the specification for Lot 2.

Suppliers will also be required to provide subcontracting arrangements rapidly and advise on, or provide ready access to, the whole range of chapters within a Free Trade Agreement (FTA).

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Quality / Weighting: 80
Price - Weighting: 20
II.2.6)Estimated value
Value excluding VAT: 45 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

At part 1 CCS will invite the top 14 scoring bidders in lot 2 to participate in part 2 of the Award Stage. At part 2 CCS will award a place in lot 2 to the top-scoring 10 bidders. CCS reserves the right to award to any bidder within 1 % of the final placed.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

Candidates will be assessed in accordance with Section 5 of the 2015 Public Contract Regulations (implementing the directive) on the basis of information provided in response to an invitation to tender (ITT) registering for access.

Supplier personnel hold a current practicing certificate or are otherwise registered in compliance with the Solicitors Regulation Authority (SRA) Handbook, or equivalent in the supplier’s jurisdiction as amended from time to time.

III.1.2)Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.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
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2020/S 117-285229
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 03/08/2020
Local time: 15:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.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)
IV.2.7)Conditions for opening of tenders
Date: 03/08/2020
Local time: 15:01

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

This procurement is being conducted under the Light Touch Regime (‘LTR’) and is therefore subject to limited regulation. It will be conducted in accordance with Regulations 74 to 76 of PCR 2015 and relates to the legal services which are listed in Schedule 3 of the Public Contracts Regulations 2015 (PCR) 2015 as a specific service.

As part of this contract notice the following documents can be accessed at: https://www.contractsfinder.service.gov.uk/Notice/1a6e923b-9f87-4465-8a2a-59bd1689fdf9

1) Contract notice transparency information for the agreement;

2) Contract notice authorised customer list;

3) Rights reserved for CCS framework.

The value provided in Section II.1.5) is only an estimate. We cannot guarantee to suppliers any business through this framework contract.

Please be advised that CCS does not consider that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) to be an issue in respect of this procurement as services are not provided at the framework level. At the Trade Law Panel Contract stage, CCS takes the view that TUPE is unlikely to apply. However, it is the responsibility of bidders to take their own advice and consider whether TUPE is likely to apply at the Trade Law Panel Contract stage and to act accordingly.

On 2 April 2014 Government introduced its Government Security Classifications (GSC) scheme which replaced Government Protective Marking Scheme (GPMS). A key aspect is the reduction in the number of security classifications used. All bidders should make themselves aware of the changes as it may impact this requirement. This link provides information on the GSC at: https://www.gov.uk/government/publications/government-security-classifications

Cyber Essentials is a mandatory requirement for Central Government contracts which involve handling personal information or provide certain ICT products/services. Government is taking steps to reduce the levels of cyber security risk in its supply chain through the Cyber Essentials scheme. The scheme defines a set of controls which, when implemented, will provide organisations with basic protection from the most prevalent forms of threat coming from the internet. To participate in this procurement, bidders must be able to demonstrate they comply with the technical requirements prescribed by Cyber Essentials, for services under and in connection with this procurement. Bidders may be awarded a place on the framework contract but shall not enter into any call-off procedure and/or any Trade Law Panel Contract with Buyers until they are able to demonstrate to CCS that they meet the technical requirements prescribed by Cyber Essentials for services under and in connection with this procurement.

CCS and/or Buyers reserve the right for an electronic auction to be held during the Trade Law Panel Contract Stage among the parties to the framework contract(s). Electronic ordering and/or electronic invoicing and/or electronic payment may be used during the period of the framework contract and throughout the lifespan of any Trade Law Panel Contract.

Registering for access:

This procurement will be managed electronically via the eSourcing suite. This will be the route for sharing all information and communicating with bidders. If you have recently registered on the eSourcing suite for another CCS procurement you can use the same account for this new procurement. If not, you will first need to register your organisation on the portal.Use the following link for information on how register and use the eSourcing tool: https://www.gov.uk/government/publications/esourcing-tool-guidance-for-suppliers .For assistance please contact the eSourcing Help desk operated by email at help@eSourcingsolution.co.uk or call 0800 069 8630.

VI.4)Procedures for review
VI.4.1)Review body
Official name: The Minister for the Cabinet Office acting through Crown Commercial Service
Postal address: 9th Floor, The Capital, Old Hall Street
Town: Liverpool
Postal code: L3 9PP
Country: United Kingdom
E-mail: supplier@crowncommercial.gov.uk
Telephone: +44 3450103503

Internet address: https://www.crowncommercial.gov.uk/

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
01/07/2020