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The information in this newsletter is drawn from the Official Journal of the European Union.

IMPORTANT LEGAL INFORMATION

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PROJECT TITLE: UK-Belfast: legal services

Project number: 2009/S 199-286759

Type: CONTRACT NOTICE - Services

SECTION I: CONTRACTING AUTHORITY

 

I.1)

NAME, ADDRESSES AND CONTACT POINT(S):

Western Education and Library Board (on behalf of education service in Northern Ireland), C2k, C/O Ashfield Boys' School, Holywood Road, Attn: Mr Jack Ringland, UK-Belfast BT4 2LY. Tel.  +44 2890279023. E-mail: jringland@c2kni.org.uk. Fax  +44 2890279023.

Internet address(es):

General address of the contracting authority: www.c2kni.org.uk.

Further information can be obtained at: As in above-mentioned contact point(s).

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: Western Education and Library Board, C2k, C/O Ashfield Boys' School, Holywood Road, Attn: Mr Jack Ringland, UK-Belfast BT15 4EU. Tel.  +44 2890279023. E-mail: jringland@c2kni.org.uk. URL: http://www.c2kni.org.uk/legal_advisers.html.

Tenders or requests to participate must be sent to: As in above-mentioned contact point(s).

I.2)

TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:

Regional or local authority.

The contracting authority is purchasing on behalf of other contracting authorities: no.

SECTION II: OBJECT OF THE CONTRACT

 

II.1)

DESCRIPTION

II.1.1)

Title attributed to the contract by the contracting authority:

Provision of external legal advisory services in relation to an ICT services procurement programme.

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: Northern Ireland.

NUTS code: UKN0 .

II.1.3)

The notice involves:

The establishment of a framework agreement.

II.1.4)

Information on framework agreement:

Framework agreement with a single operator.

Duration of the framework agreement: Duration in year(s): 4.

Estimated total value of purchases for the entire duration of the framework agreement:

Estimated value excluding VAT:

Range: between and GBP.

II.1.5)

Short description of the contract or purchase(s):

Legal Advisers are required to provide detailed legal advice and assistance in advance of and throughout the course of an ongoing procurement programme delivering a wide ranging managed ICT services to schools in Northern Ireland.

II.1.6)

Common procurement vocabulary (CPV):

79100000, 79418000, 79110000, 79112000, 79131000, 79140000.

II.1.7)

Contract covered by the Government Procurement Agreement (GPA):

Yes.

II.1.8)

Division into lots:

No.

II.1.9)

Variants will be accepted:

No.

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

II.2.1)

Total quantity or scope:

Called off services in the first instance will be in respect of a major ICT services procurement to commence in early 2010 under the Competitive Dialogue procedure.

This will include advice and assistance with regard to contract notices, pre-qualification of interested service providers through to the finalisation of final contract terms and related documentation.

In particular, the appointed legal consultants will be required, for each relevant procurement, to:

a) contribute to the development of relevant procurement and contractual documentation and the definition of the financial evaluation criteria to be applied in the selection of suitable bidders;

b) advise on compliance with and application of relevant EU and UK procurement regulations and associated procedures;

c) provide advice on Public Private Partnership, PFI and other relevant procurement initiatives and options, including evolving government policy in this area;

d) advise on the procurement and contract issues specific to ICT systems and services;

e) contribute to the development of relevant procurement and contractual documentation and the definition of relevant evaluation criteria to be applied in the selection of suitable bidders; and

f) participate in the detailed dialogue with bidders and contribute to the development of the contract terms.

Further services may be called off in relation to existing contracts and further procurements associated with the C2k programme during the course of the framework term.

Estimated value excluding VAT:

Range: between and GBP.

II.2.2)

Options:

No.

II.3)

DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:

Duration in months: 48 (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:

Participants will be advised if this is necessary during the procurement. Parent company and/or other guarantees of performance and financial viability may be required if considered appropriate.

III.1.2)

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

III.1.3)

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

One member of any grouping/consortium will be required to accept prime contractorship.

III.1.4)

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

Yes.

The Authority will base the contract terms and conditions on the OGC consultancy framework agreements.

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: Automatic disqualification where economic operator:

(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;

(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;

(c) has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;

(d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;

(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority; (f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;

(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;

(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;

(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;

(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;

(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.

Respondents to this OJEU advert should download the pre-qualification questionnaire (PQQ) and Terms of Reference from the following web address: http://www.c2kni.org.uk/legal_advisers.html.

III.2.2)

Economic and financial capacity:

Information and formalities necessary for evaluating if requirements are met: Information and formalities necessary for evaluating if requirements are met:

(a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;

(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;

(c) a statement of the undertaking's overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available. See the relevant pre-qualification questionnaire.

III.2.3)

Technical capacity:

Information and formalities necessary for evaluating if requirements are met:

Information and formalities necessary for evaluating if requirements are met: See the relevant pre-qualification questionnaire.

III.2.4)

Reserved contracts:

No.

III.3)

CONDITIONS SPECIFIC TO SERVICES CONTRACTS

III.3.1)

Execution of the service is reserved to a particular profession:

Yes.

Legal professionals.

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:

Restricted.

IV.1.2)

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

Envisaged minimum number: 5. Maximum number: 7

Objective criteria for choosing the limited number of candidates: Stated in Request for Qualification document at: http://www.c2kni.org.uk/legal_advisers.html.

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:

IV.3.2)

Previous publication(s) concerning the same contract:

No.

IV.3.3)

Conditions for obtaining specifications and additional documents or descriptive document:

Time limit for receipt of requests for documents or for accessing documents: 21.10.2009.

Payable documents: no.

IV.3.4)

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

30.10.2009 - 12:00.

IV.3.5)

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

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:

No.

VI.2)

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

No.

VI.3)

ADDITIONAL INFORMATION:

VI.4)

PROCEDURES FOR APPEAL

VI.4.1)

Body responsible for appeal procedures:

VI.4.2)

Lodging of appeals:

VI.4.3)

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

VI.5)

DATE OF DISPATCH OF THIS NOTICE: 14.10.2009.ody text].

 

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