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IMPORTANT LEGAL INFORMATION

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UK-Edinburgh: legal advisory and representation services

2009/S 180-258490

CONTRACT NOTICE - Services

SECTION I: CONTRACTING AUTHORITY

I.1)

NAME, ADDRESSES AND CONTACT POINT(S):

The City of Edinburgh Council, Waverley Court, 4 East Market Street, Contact: Corporate Procurement, Attn: Paul Bell, UK-Edinburgh EH8 8BG. Tel. +44 1315294569. E-mail: paul.bell@edinburgh.gov.uk.

Internet address(es):

General address of the contracting authority: http://www.edinburgh.gov.uk.

Address of the buyer profile: http://publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00290.

Further information can be obtained at: The City of Edinburgh Council, Waverley Court, 4 East Market Street, Contact: hub South East Scotland Territory (hubSET), Attn: Gary Todd, UK-Edinburgh EH8 8BG. Tel. +44 1314693983. E-mail: gary.todd@edinburgh.gov.uk. URL: http://www.edinburgh.gov.uk.

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: The City of Edinburgh Council, Waverley Court, 4 East Market Street, Contact: Payments and Procurement, Attn: Suppliers Support, UK-Edinburgh EH8 8BG. Tel. +44 1312002323. E-mail: suppliers.support@edinburgh.gov.uk. URL: http://www.edinburgh.gov.uk.

Tenders or requests to participate must be sent to: The City of Edinburgh Council, Waverley Court, 4 East Market Street, Contact: Payments and Procurement, Attn: Suppliers Support, UK-Edinburgh EH8 8BG. Tel. +44 1312002323. E-mail: tenders.prequalification@edinburgh.gov.uk. URL: http://www.edinburgh.gov.uk.

I.2)

TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:

Regional or local authority.

General public services.

Health.

Housing and community amenities.

Recreation, culture and religion.

The contracting authority is purchasing on behalf of other contracting authorities: yes.

SECTION II: OBJECT OF THE CONTRACT

II.1)

DESCRIPTION

II.1.1)

Title attributed to the contract by the contracting authority:

Legal advice services to the hub South East Scotland Territory.

II.1.2)

Type of contract and location of works, place of delivery or of performance:

Services.

Service category: No 21.

Main place of performance: Edinburgh AND the main site of the relevant Pathfinder Project Representative at any given time.

NUTS code: UK .

II.1.3)

The notice involves:

A public contract.

II.1.4)

Information on framework agreement:

II.1.5)

Short description of the contract or purchase(s):

Professional Legal Advice Services to the hub South East Scotland Territory, a multi-partner project venture made up of Pathfinder Members of the Lothian NHS Board; NHS Borders Board; City of Edinburgh Council; Scottish Borders Council; East Lothian Council; West Lothian Council; Midlothian Council; Lothian and Borders Police Board;

The Scottish Ambulance Service; and the Lothian and Borders Fire and Rescue Board. It is intended that the contract duration will be between 24 and 36 months.

Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=101787.

II.1.6)

Common procurement vocabulary (CPV):

79110000.

II.1.7)

Contract covered by the Government Procurement Agreement (GPA):

II.1.8)

Division into lots:

No.

II.1.9)

Variants will be accepted:

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

II.2.1)

Total quantity or scope:

A full range of legal advice in connection with developing and creating community-based facilities, which will be carried out in conjunction with the establishment of a project development and delivery vehicle.

II.2.2)

Options:

No.

II.3)

DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:

Duration in months: 36 (from the award of the contract).

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

III.1)

CONDITIONS RELATING TO THE CONTRACT

III.1.1)

Deposits and guarantees required:

III.1.2)

Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:

Shall be contained in the tender documents.

III.1.3)

Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

III.1.4)

Other particular conditions to which the performance of the contract is subject:

Yes.

Professional Indemnity Insurance of at least 20 000 000 GBP is a pre-requisite.

III.2)

CONDITIONS FOR PARTICIPATION

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers:

Information and formalities necessary for evaluating if requirements are met: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.

(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.

(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.

(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.

(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.

(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.

(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.

III.2.2)

Economic and financial capacity:

Information and formalities necessary for evaluating if requirements are met: (1) All candidates will be required to provide a reference from their bank.

(2) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.

(3) All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice.

(4) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.

III.2.3)

Technical capacity:

Information and formalities necessary for evaluating if requirements are met:

(1) All candidates will be required to provide certification from an independent body attesting conformity to environmental management standards in accordance with the Community Eco-Management and Audit Scheme (EMAS); or the European standard BS EN ISO 14001.

(2) An indication of the proportion of the contract which the services provider intends possibly to subcontract.

A statement of the candidate's average annual number of staff and professional staff over the previous 3 years.

Details of the educational and professional qualifications of their Professional staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract.

A statement of the experience provided by the supplier or the services provider in the past 3 years, with details of the consideration received, details of (including experience and status within the firm) the identity of senior skilled staff.

Details of any membership of any professional bodies.

Details of similar commissions in respect of multi-partner ventures or projects in particular Not for Profit Companies and Public/Private experience.

III.2.4)

Reserved contracts:

III.3)

CONDITIONS SPECIFIC TO SERVICES CONTRACTS

III.3.1)

Execution of the service is reserved to a particular profession:

Yes.

Restricted to solicitors holding practising certificates issued by The Law Society of Scotland.

III.3.2)

Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service:

Yes.

SECTION IV: PROCEDURE

IV.1)

TYPE OF PROCEDURE

IV.1.1)

Type of procedure:

Accelerated restricted.

Justification for the choice of accelerated procedure: This contract is required to be in place so as not to jeopardize the timescales of a 350 000 000 GBP capital investment programme.

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate:

Envisaged minimum number: 5. Maximum number: 8

Objective criteria for choosing the limited number of candidates: Ranked on Multi-partner Projects, NHS Projects, Police or Fire Board Projects and/or any Joint Projects with more than one Public Authority, Organisation, Board or Government Office in respect of Corporate and Commercial Property, Construction, Planning, Procurement Advice and Strategy in particular detail competitive dialogue experience), and detail together with specialist staff to be allocated to this Contract.

IV.1.3)

Reduction of the number of operators during the negotiation or dialogue:

IV.2)

AWARD CRITERIA

IV.2.1)

Award criteria:

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document.

IV.2.2)

An electronic auction will be used:

No.

IV.3)

ADMINISTRATIVE INFORMATION

IV.3.1)

File reference number attributed by the contracting authority:

3643/PB.

IV.3.2)

Previous publication(s) concerning the same contract:

IV.3.3)

Conditions for obtaining specifications and additional documents or descriptive document:

IV.3.4)

Time-limit for receipt of tenders or requests to participate:

28.9.2009 - 12:00.

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates:

12.10.2009.

IV.3.6)

Language(s) in which tenders or requests to participate may be drawn up:

English.

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender:

IV.3.8)

Conditions for opening tenders:

SECTION VI: COMPLEMENTARY INFORMATION

VI.1)

THIS IS A RECURRENT PROCUREMENT:

VI.2)

CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:

VI.3)

ADDITIONAL INFORMATION:

The Purchasing Authority is acting on behalf of the following organisations:

Lothian NHS Board; NHS Borders Board; Scottish Borders Council; East Lothian Council; West Lothian Council; Midlothian Council; Lothian and Borders Police Board; the Scottish Ambulance Service; and the Lothian and Borders Fire and Rescue Board.

(SC Ref:101787).

VI.4)

PROCEDURES FOR APPEAL

VI.4.1)

Body responsible for appeal procedures:

Graeme Hastie, Procurement Manager, Level 3 Waverley Court, 4 East Market Street, UK-Edinburgh EH8 8BG.

VI.4.2)

Lodging of appeals:

Precise information on deadline(s) for lodging appeals: The Contracting Authority will allow a minimum ten calendar day standstill period at the point the intention to award the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is concluded. Applicants have two working days from the notification of the intention to award the contract to request additional debriefing. The debriefing will be provided no later than three working days before the expiry of the standstill period. If a challenge to the intention to award the contract has not been successfully resolved, The Public Contracts (Scotland) Regulations 2006 (SSI 2006 No 1) provide for aggrieved parties to take action in the Sheriff Court or Court of Session. Any such action must be brought promptly (generally within three months). Further information if required is available from Corporate Procurement, Level 3 Waverley Court, 4 East Market Street, Edinburgh EH8 8BG, UNITED KINGDOM.

VI.4.3)

Service from which information about the lodging of appeals may be obtained:

VI.5)

DATE OF DISPATCH OF THIS NOTICE:

16.9.2009.

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