GCC006266CPU - Provision of Legal Services

Description

The purpose of this tender exercise is to appoint a number of individual providers, each operating under a multi-lot framework agreement for the Provision of Legal Services.
The lots included are:
Lot 1 - Employment
Lot 2 - Corporate
Lot 3 - General Litigation
Lot 4 - Children and Families
Lot 5 - Property
Lot 6 - Construction
The service required is the provision of a full range of legal services to the Council either on an ad hoc basis as individual projects are instructed. The finalised Framework Agreement will be used to complement the Council’s internal Legal Services Department where expertise and/or additional resource is required externally.

The following certificates are included in the technical envelope of the within the PCS Tender portal, and must be completed:
Freedom of Information Act
Tenderers Amendments
Non – Collusion
Prompt Payment - The successful tenderer shall, as a condition of being awarded the tender, be required to demonstrate to the council's satisfaction that all funds due to the tenderer's permitted sub-contractors in respect of these works are paid timeously and that as a minimum invoices rendered by subcontractors shall (unless formally disputed by the tenderer) be paid within 30 days of receipt. The successful tenderer shall also impose this condition on its subcontractors in respect of payments due to any sub-sub-contractors, if any.
Insurance Mandate - All successful suppliers will be required to sign an Insurance Mandate, which will be issued in conjunction with the award letter authorising the Council to request copies of insurance documents from the supplier’s insurance provider. If the mandate is not signed and returned the Council reserves the right to request copies of insurance certificates from bidders at any point during the contract period.
Terms and Conditions are located within the Buyers Attachments area of the tender portal.
Request for Documentation: Once the Evaluation of Price and Quality has been completed, the recommended Bidder will be expected to provide all documentation as specified in the SPD. When the Request for Documentation is made, Bidders must supply the relevant information within 5 working days. Failure to provide this information within the specified time may result in your bid being rejected and the Council proceeding with the procurement exercise to the next appropriate bidder.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 28140. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
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:
Mandatory Community Benefits shall be delivered in the form of ‘Framework Value Add’ as detailed in section 4.4 of the ITT:
Panel Members must deliver to the Council a minimum of two in-house training sessions (minimum one hour each), per framework year for each Lot awarded. The sessions shall comply with the relevant requirements of the Law Society of Scotland Regulations and Guidelines on the provision of continuous professional development training. The topics for such training will be agreed with the Council but it is anticipated they will cover the subject matter areas of the Framework and/or relevant current Scots Law legal topics. These sessions shall be provided irrespective of whether the panel member has received any work under the Framework.
Possible secondments both into inhouse legal services into successful firm.
Panel members shall send all relevant update or case law publications as well as training programme and invites to a dedicated Council email address. Details to be provided on award.
Requirement to provide free telephone advice where that advice amounts to 5 minutes or less. This would not be required more than once per month.
On completion of any Order costing 5,000GBP or over, where requested, the panel member shall provide a summary of main action points and timescales met. For instructions relating to contentious construction matters costing 5,000GBP or over, where requested, a lessons-learned debrief meeting.
(SC Ref:785564)

To advise and assist the Council in relation to any requirement it may have regarding:
- corporate / commercial legal services
- planning, roads and environment law
- local government and public law
- complex, high value or novel property law and conveyancing

To provide advice and representation on all aspects of employment law including, but not limited to, the matters listed in the scope of requirements below:
Unfair dismissal claims
Claims under the Equalities Act 2010
Breach of contract claims
Claims arising from TUPE
Claims arising under any other jurisdiction of the Employment Tribunal
Any employment litigation arising outwith the Employment Tribunal, whether in the Sheriff Court, Court of Session or otherwise
Advice and representation in relation to any appellate proceedings associated with the above whether in the EAT, Court of Session or Supreme Court
Any matter relating to the settlement or compromise of any such claims
Employee and industrial relations, including terms and conditions of employment, industrial action and all matters relating to Trade Unions

To provide advice and assistance to the Council on all aspects of civil litigation, including representation at courts and tribunals as required. This lot will include but is not limited to the following:
Reparation actions in the Sheriff Court, All Scotland Sheriff PI Court and Court of Session;
Provision of an Edinburgh Agency Service to conduct, or assist with the conduct of, proceedings in the Court of Session and All Scotland Sheriff PI Court;
Pursuing or defending general litigation actions raised by or against the Council in the Sheriff Court and Court of Session;
Raising and/or defending Judicial Review proceedings;
Conducting, and advising on, appellate proceedings;
Matters within the jurisdiction of statutory tribunals, including but not limited to the Mental Health Tribunal for Scotland and the First Tier Tribunal for Scotland Health and Education Chamber, the jurisdiction of which includes Additional Support Needs, references in terms of the Education (Additional Support for Learning)(Scotland) Act 2004 and claims under the Equality Act 2010, but excluding Employment Tribunals;
Advice and Representation in the Upper Tribunal as required;
Summary Applications raised against the Council under various statutes including but not limited to licensing appeals. This would also include education placing requests appeals in terms of the Education (Scotland) Act 1980 and seeking orders under the Adults with Incapacity (Scotland) Act 2000 where the in-house team do not have capacity;
Summary Applications raised by the Council including but not limited to Anti-Social Behaviour Orders;
Pursuing or defending actions for debt raised by or against the Council;
Heritable actions for recovery of possession in the Sheriff Court;
Property litigation matters (including but not limited to debt management);
Advice and representation in relation to education prosecutions raised under the Education (Scotland) Act 1980;
Advice and representation in any education proceedings which do not fall within the jurisdiction of the courts or tribunals. For example, complaints raised in terms of Section 70 of the Education (Scotland) Act 1980 or Dispute Resolution proceedings raised in terms of the Education (Additional Support for Learning) (Scotland) Act 2004.
Advice can include, but is not limited to, pre-court discussions, preparatory work including revising papers, taking precognitions, identifying and lodging productions and raising or defending proceedings.
Representation will include, but is not limited to, attendance at any procedural hearings, diets, case management calls and other hearings.

To advise and assist the Council on its statutory rights and responsibilities in relation to children and young persons, and to provide advice and representation as required. Working with the Council’s in-house legal team or directly on the instruction of Social Work Services, as required, this lot includes but is not restricted to the following:
Child Protection Order applications and other proceedings under the Children’s Hearing (Scotland) Act 2011
Permanence order applications and other proceedings under the Adoption and Children (Scotland) Act 2007
Proceedings under the Children (Scotland) Act 1995
Proceedings under the Children and Young People (Scotland) Act 2014
The provision of advice and training to social work employees on the above

To provide general and/or specific advice and guidance on all aspects of property law; and to assist with and/or carry out on behalf of the Council or an ALEO property transactions (including where the matter is of a routine or complex nature and/or lower/high value).
This will include (but is not limited to):
disposals; acquisitions; leases (acting for landlord or tenant) and lease management transactions; securities; title examinations, due diligence and reporting exercises; completion of title and voluntary registrations; and other work relating to property. It may also include in some cases work requiring specialist property expertise (for example, in areas such as telecoms, utilities and renewables).

To advise and assist the Council in relation to any requirement it may have regarding contentious and/or non-contentious construction law.
Advising on all contentious and/or non-contentious construction matters, including but not limited to: construction contracts (all industry standard terms (eg NEC, SBCC) and specialist/bespoke contracts), partnership contracts, agreements with statutory infrastructure bodies (eg Network Rail and Scottish Water), collateral warranties, sub-contracts, sub-contractor appointments, professional appointments, parent company guarantees, performance bonds, and construction disputes (litigation, adjudication and arbitration).

Additional information

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