Department for Digital, Culture, Media and Sport: Legal Services

UK-London: Legal services.
Section I: Contracting Authority
      I.1) Name and addresses
             The Birmingham Organising Committee for the 2022 Commonwealth Games Limited
             100 Parliament Street, London, SW1A 2BQ, United Kingdom
             Email: commercial@culture.gov.uk
             Contact: Margaret Christensen
             Main Address: www.birmingham2022.com
             NUTS Code: UKG31
      I.2) Joint procurement
      The contract involves joint procurement: No.
      In the case of joint procurement involving different countries, state applicable national procurement law: Not provided       
      The contract is awarded by a central purchasing body: No.
      I.3) Communication
      The procurement documents are available for unrestricted and full direct access, free of charge, at: http://www.delta-esourcing.com/tenders/UK-UK-London:-Legal-services./8SUXVAP45E
      Additional information can be obtained from: the abovementioned address
      Tenders or requests to participate must be sent electronically via http://www.delta-esourcing.com/tenders/UK-title/8SUXVAP45E to the abovementioned address       
      Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: Not provided
      I.4) Type of the contracting authority
            Body governed by public law
      I.5) Main activity
            Recreation, culture and religion

Section II: Object
II.1) Scope of the procurement
      II.1.1) Title: Legal Services       
      Reference Number: 101293
      II.1.2) Main CPV Code:
      79100000 - Legal services.

      II.1.3) Type of contract: SERVICES
      II.1.4) Short description: The Birmingham Organising Committee of the 2022 Commonwealth Games Limited (the "OC") in partnership with CGF Partnerships Ltd ("CGFP") is seeking to appoint an Official Legal Services Provider. The outcome of the procurement exercise will be a Services Contract with the OC and CGFP for legal services and a Sponsorship Agreement with CGFP for commercial rights.The areas of law that are required to support the OC include but are not limited to:
•Regulatory and legislative advice;
•Litigation advice (preparation of court documentation and attendance and representation at court on behalf of Birmingham 2022) and alternative forms of dispute;
•General Commercial advice;
•Commercial property advice;
•Employment law and Pensions;
•General corporate advice;
•Sponsorship and commercial rights acquisitions;
•IPR trade marking and brand protection;
•Broadcasting;
•Ticketing and Licensing;
•Ceremony production;
•Planning advice regarding venue use;
•Overlay construction.       
      II.1.5) Estimated total value:
      Value excluding VAT: 2,000,000       
      Currency: GBP
      II.1.6) Information about lots:
      This contract is divided into lots: No       
   
II.2) Description
      
      II.2.2) Additional CPV codes:
      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:
      UKG31 Birmingham
      UK UNITED KINGDOM
      
      II.2.4) Description of procurement: This procedure relates to Legal Services within the meaning of Schedule 3 of the Public Contracts Regulations 2015 (PCR 2015). Given that this procedure relates to ‘social and other specific services’ only, it is subject to limited regulation and will be conducted in accordance with regulations 74 to 76 of PCR 2015. Any references to fully regulated processes or procedures are for ease of reference only and should not be taken as recognition nor acceptance that the same apply in this instance.
      II.2.5) Award criteria:
            Price is not the only award criterion and all criteria are stated only in the procurement documents            
      II.2.6) Estimated value:
      Value excluding VAT: 2,000,000       
      Currency: 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       
      Description of renewals: Not provided
      II.2.9) Information about the limits on the number of candidates to be invited:
             Envisaged minimum number: 3
            / Maximum number: 5       
      Objective criteria for choosing the limited number of candidates: The objective criteria for choosing the limited number of candidates will be stated in the Selection Questionnaire at the Prequalification stage. The 3-5 Applicants achieving the highest weighted scores (resulting from application of the criteria within the prequalification evaluation) will be invited to tender (or up to 6 if there is a tie between the 5th and 6th ranked scores).
It is envisaged that negotiation will take place in successive stages to reduce the number of bidders, by applying the award criteria stated in the procurement documents, ideally to no more than 3, with whom we will conclude final negotiations.
The OC and CGFP reserve the right to award the contract and sponsorship agreement on the tenders without conducting negotiations.
      II.2.10) Information about variants:
      Variants will be accepted: Yes
      II.2.11) Information about options:
      Options:       Yes             
      Description of options: This includes the option to extend the Contract for a further 12 months.
      II.2.12) Information about electronic catalogues:
      Tenders must be presented in the form of electronic catalogues or include an electronic catalogue: No
      II.2.13) Information about European Union funds:
      The procurement is related to a project and/or programme financed by European Union funds: No       
      Identification of the project: Not provided             
      II.2.14) Additional information: The estimated value of the Services ranges from £1,600,000 to potentially over £2,000,000       


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:          
      Selection criteria as stated in the procurement documents (see the Pre-Qualification Questionnaire Instructions).    
      III.1.2) Economic and financial standing          
      Selection criteria as stated in the procurement documents       
      List and brief description of selection criteria:       
      Not Provided    
      Minimum level(s) of standards possibly required (if applicable) :       
      Not Provided    
      III.1.3) Technical and professional ability    
      Selection criteria as stated in the procurement documents
      List and brief description of selection criteria:       
      Not Provided      
      Minimum level(s) of standards possibly required (if applicable) :          
      Not Provided   
      III.1.5) Information about reserved contracts (if applicable)   
      The contract is reserved to sheltered workshops and economic operators aiming at the social and professional integration of disabled or disadvantaged persons: No       
      The execution of the contract is restricted to the framework of sheltered employment programmes: No    
      
   III.2) Conditions related to the contract
      III.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:          
      Legal Services    
      III.2.2) Contract performance conditions          
      Not Provided          
      III.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: Yes    

Section IV: Procedure
   IV.1) Description NEGOTIATED
      IV.1.1) Type of procedure:   
   
   IV.1.3) Information about a framework agreement or a dynamic purchasing system    
         The procurement involves the establishment of a framework agreement - NO    
         In the case of framework agreements justification for any duration exceeding 4 years: Not Provided    
   IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue: Yes.
   IV.1.5) Information about negotiation: Yes.
   IV.1.6) Information about electronic auction:
      An electronic auction will be used: No
      Additional information about electronic auction: Not provided
   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: Not provided       
      IV.2.2) Time limit for receipt of tenders or requests to participate
       Date: 07/12/2018 Time: 12:00
      IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates: 11/01/2019       
      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 month(s): 6
      
      

Section VI: Complementary Information
   VI.1) Information about recurrence
   This is a recurrent procurement: No    
   Estimated timing for further notices to be published: Not provided
   VI.2) Information about electronic workflows
   Electronic ordering will be used No       
   Electronic invoicing will be accepted No       
   Electronic payment will be used No       
   VI.3) Additional Information: The value provided in Section II.2.1 is only an estimate.

The following organisations are authorised and enabled to use the Services Contract with prior permission from the OC and CGF Partnerships: the Commonwealth Games Federation PLC; Commonwealth Games England; Commonwealth Games Associations representing the territories of Scotland, Wales, Northern Ireland, Isle of Man and Jersey.
For more information about this opportunity, please visit the Delta eSourcing portal at:
https://www.delta-esourcing.com/tenders/UK-UK-London:-Legal-services./8SUXVAP45E

To respond to this opportunity, please click here:
https://www.delta-esourcing.com/respond/8SUXVAP45E
   VI.4) Procedures for review
   VI.4.1) Review body:
             Royal Courts of Justice
       LONDON, WC1A 2LL, United Kingdom
   VI.4.2) Body responsible for mediation procedures:
             Royal Courts of Justice
          LONDON, WC1A 2LL, United Kingdom
   VI.4.3) Review procedure
   Precise information on deadline(s) for review procedures:    
    OJEU procedures include a minimum 10 calendar day standstill period at the point information on the award of the Contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Contracting Authority before the Contract is entered into. If an appeal regarding the award of a Contract has not been successfully resolved the Public Contracts Regulations 2015 provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly.    
   VI.4.4) Service from which information about the lodging of appeals may be obtained:
Not provided
   VI.5) Date Of Dispatch Of This Notice: 07/11/2018

Annex A