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Court of Session/Edinburgh Agency Work (Framework Agreement).

Contract award notice


Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Scottish Borders Council
Council Headquarters
Contact point(s): Corporate Procurement Service
TD6 0SA Newtown St Boswells
United Kingdom
Telephone: +44 1835824000
Fax: +44 1835825150

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

I.2)Type of the contracting authority
Regional or local authority
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1.1)Title attributed to the contract
Court of Session/Edinburgh Agency Work (Framework Agreement).
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Scottish Borders.

NUTS code UKM24

II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
The Scottish Borders has a population of 112 430. The Legal and Licensing Services Division is part of the Legal and Democratic Services function within the Chief Executive Department of Scottish Borders Council.
The Legal and Licensing Services currently comprises four teams as follows:
1. Commercial Services - Legal;
2. Community Services - Legal;
3. Licensing Services;
4. Information Management.
Currently undergoing a restructure, the team comprises, in addition to the Chief Legal Officer, 3 Managing Solicitors, 6 Solicitors, 1 Trainee Solicitor and 2 Paralegals. The Licensing Team comprises a Team Leader with 2 Licensing Officers, a Licensing Standards Officer and a Civic Government Enforcement Officer. There is, in addition, 6 FTE Support staff across the teams.
All are located at Scottish Borders Council Headquarters in Newtown St Boswells and provide a range of legal services to the Council. The Council requires to appoint Edinburgh agents to represent them in actions in the Court of Session and to the Sheriff Principal.
The work carried out by the incumbent service provider over the last 5 years has included:
- 3 x Court of Session cases;
- 1 x Appearance in front of Information Rights Tribunal.
Indicative value - The spend on the Contract from July 2011 to March 2015 was 188 800 GBP. It is anticipated that the spend for this Framework Agreement will be 10 000 GBP per annum.
II.1.5)Common procurement vocabulary (CPV)


II.1.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 40 000 GBP
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of
1. Price. Weighting 40
2. Quality - Demonstrates understanding of the requirements. Weighting 20
3. Quality - Staffing experience. Weighting 25
4. Quality - Knowledge and expertise. Weighting 30
5. Quality - Experience of accessing QC's, advocates and solicitor advocates. Weighting 25
IV.2.2)Information about electronic auction
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

Contract notice

Notice number in the OJEU: 2015/S 198-359639 of 13.10.2015

Section V: Award of contract

Contract No: SBC/CPS/1104 Lot title: Court of Session/Edinburgh Agency Work
V.1)Date of contract award decision:
V.2)Information about offers
Number of offers received: 6
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

BTO Solicitors Llp
One Edinburgh Quay, 133 Fountainbridge
EH3 9QG Edinburgh
United Kingdom

V.4)Information on value of contract
V.5)Information about subcontracting

Section VI: Complementary information

VI.1)Information about European Union funds
VI.2)Additional information:
This business has been awarded as a framework agreement.
(SC Ref: 454430).
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures

Scottish Borders Council
Council Headquarters, Newtown St Boswells
TD6 0SA Melrose
United Kingdom
Telephone: +44 1835824000

VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Scottish Borders Council will incorporate a minimum of 10 calendar day standstill period at the point of 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 contract has not been successfully resolved The Public Contracts (Scotland) Regulations 2012 (SSI 2012 No 88) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rule to take action in the Sheriff Court or Court of Session. Any such action must be brought within 30 days of the date on which a tenderer knew or ought to have known of the breach. Where a contract has not been entered into the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. Additionally if certain criteria are met, the Court is obliged to order the payment of a financial penalty. If the contract has been entered into the Court may award damages, or where certain criteria are met, make an ineffectiveness order. Additionally, in certain circumstances the Court is obliged to order the shortening of the duration of the contract. (The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside award decision before the contract is entered into).
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice: