TENDER FOR THE PROVISION OF LEGAL SERVICES

Ards and North Down Borough Council

Town Hall,
The Castle
BANGOR
Co Down, BT20 4BT

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 SECTION 1

INSTRUCTIONS AND INFORMATION FOR TENDERERS

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1. INVITATION TO TENDER

Tenders are sought by Ards and North Down Borough Council for the Provision of Legal
Services.

The Tenderer shall be deemed to have satisfied themself before submitting its tender as
to the accuracy and sufficiency of the rates and prices stated in their tender which shall
(except in so far as is otherwise provided in the Contract) cover all the Contractor’s
obligations under the Contract and the Contractor shall be deemed to have obtained for
itself all necessary information as to risks and any other circumstances which might
reasonably influence or affect the Contractor’s tender.

2. SUBMISSION OF TENDER VIA ETENDERSNI

Tenders should be returned no later than 12noon on 18 May 2018.

Tenders received after this time will NOT be considered.

The tender submission must be completed as directed and returned via eTendersNI, as
per the instructions below.

eTendersNI is the Contracting Authority’s electronic tendering system. Should you have
any queries or if you are having any problems registering on the portal, please contact
eTendersNI’s dedicated supplier helpdesk by calling 0800 240 4545 or emailing: ni-eproc-
helpdesk@eurodyn.com

The tender submission must be completed as directed and returned via eTendersNI.
Telephoned, faxed or emailed submissions will not be accepted.

The tender submission can be uploaded at any time before the submission deadline
specified within this document. Submissions can be retrieved and re-submitted any time
before the submission deadline.

The tender submission must be submitted on the eTendersNI system no later than the
tender submission deadline specified above. The option to submit your response will be
removed on the system at the moment the submission deadline is passed.

When uploading your response, please be aware of the speed of your internet connection,
your system configuration and general web traffic that may impact on the time required to
complete the transaction. Uploading and submitting of the response must be completed by
the final submission deadline. In order for the tender submission to be completed, the
whole tender package must be uploaded before the submission deadline. If the submission
deadline passes while the tender submission is in transit, the tender will be rejected by the
system.

Instructions for submitting responses are contained within the Manual for EO end users
available from the “help” area on the eTendersNI homepage. Short video walkthroughs of
preparing and submitting your response are also available from the “supplier walkthrough
help guides” area on the eTendersNI homepage.

Please note that to upload your response you will need the following software:

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 • Use one of the following web browsers: Internet Explorer (version 7 or higher),
Mozilla Firefox (version 3.5 or higher).
• Have a valid e-mail address
• Java Runtime Environment (version 1.7 or higher).
• Click on the following link to verify your Java version: https://www.java.com/verify
• Click on the following link to download the latest Java version:
http://www.java.com/en/download/manual.jsp
• Javascript must be enabled in your browser, Session Cookies enabled, Internet
access through HTTP/HTTPS.
• Click on the following link to check whether Javascript is enabled:
http://enable-javascript.com/

To submit your response via eTendersNI you are required to answer the on-line questions
within each section of the response forms and upload attachments where appropriate.
Upon notification of 100% completion, click ‘Pack and Submit tender’ in the menu at the
top of the screen. These responses can be retracted and re-submitted any time before the
closing date.

NB: Save your draft tender before you open any other menu or leave the tender preparation
tool.

All saved data in your draft tender is stored locally on your PC. No data is transferred to
eTendersNI until you click on the “Pack and Submit tender" button, which encrypts and
submits your tender.
Please note that documents must be formally submitted prior to the closing date and time,
to be considered for evaluation.

When uploading your submission please ensure that:

• Please note that although the attachment limit for a single document within a tender
submission is 50MB, the maximum permitted overall submission size is 99MB.

• Where multiple file attachments are to be uploaded you upload them in batches totalling
less than 50MB at a time;

• You save each profile certificate and/or attachment once it is uploaded and check it is
correct;

• You have checked that your whole submission has been uploaded correctly, including all
form fill documentation and attachments; and

• Once uploaded and saved a final check of the submission is carried out to ensure the
document/s uploaded contains ALL the answers and any profile certificates and/or
attachments to the correct version number specifically requested.

• You save your response at regular intervals and verify that you have the correct version of
JAVA installed.

• Please ensure that you allow sufficient time to complete your tender submission using the
eTendersNI Tender Preparation Tool. Please note that the Tender Preparation Tool
requires operations to be performed both on the user’s computer and the transfer of the

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 submission via the internet onto the eTendersNI site. As such there are a number of
variables that may affect the length of time that it takes for your tender submission to be
received by the online system.

• Tenderers are reminded that responses must have completed the submission cycle on
eTendersNI before the published closing date and time.

Responses may be uploaded at any time before the closing time and date and if you
experience difficulties with the system, please contact the eTendersNI Helpdesk. Tender
submissions can be retracted and resubmitted any time before the final submission time.

Please do NOT wait until near the closing time on the day that your response is to
be submitted.

Please be advised that INCOMPLETE SUBMISSIONS MAY BE REJECTED.

The Contracting Authority cannot accept responsibility for transmission delays. It is the
responsibility of the Economic Operator to ensure that its tender response has been
submitted in the prescribed manner and in accordance with the specified deadline.

All submissions must be in English and prices in Sterling, exclusive of VAT.

3. CONTRACT PERIOD

The Contract start date is as detailed in the Tender Specification, the Contract will initially
be awarded for a period of two years with an option to extend for a further 3 x 12-month
periods, to be reviewed annually. The current tender for Legislative and Procurement legal
advice is due to expire on the 6 November 2018 and the award of this contract will apply
from 7 November 2018 with subsequent reviews in line with the other lots of the contract.

4. CLARIFICATION

Before submitting a tender, clarification should be sought on any points of doubt. The
deadline for receipt of points for clarification is three working days (12 noon on 15 May
2018) before the tender return date and time. During the tender period requests for
clarification cannot be made by telephone or in person, requests for clarification must be
made via the e-tenders NI site.

Responses to requests for clarification will be circulated to all Economic Operators, without
identifying the source of any requests.

Where an Economic Operator believes that a clarification is confidential in nature, the

request for clarification should clearly identify that the Economic Operator wishes the
response to be kept confidential and not circulated to all Economic Operators.

In all circumstances, the Contracting Authority/Managing Agent reserves the right to issue
clarification responses to all Economic Operators at any stage when it believes, at its sole
discretion, the clarification should be issued to all Economic Operators.

The tenderer will be expected to have satisfied itself that the tender price submitted will
cover all expenses and obligations under the Contract, the Specification and the Conditions

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 are acceptable, before the tender is submitted. No claims can subsequently be made for
omissions.

5. WRITTEN ACCEPTANCE

Acceptance by the Council will only be made by written instruction to the successful
Contractor.

6. EXPENSES AND LOSSES

The Council shall not be responsible for, or pay for, any expenses or losses that may be
incurred by any tenderer in preparing their tender proposals. It is the responsibility of
prospective tenderers to obtain for themselves, at their own expense, any additional
information necessary for the preparation of their tenders

7. LOWEST TENDER

The Council is not bound to accept the lowest or any tender or part thereof.

8. CONFIDENTIALITY

Tenderers should treat the tender documents as private and confidential between the
tenderer and the Council. Tenderers should note that the Council shall use the tender
documents for the purposes of evaluation and that the tender documents held will be
destroyed in line with Council disposal schedules.

9. RIGHT TO ISSUE FURTHER INSTRUCTIONS

During the tendering period, the Council reserves the right to make changes to the Contract
Documentation and the tenderer, will without reservation, accept such changes. Should it
be necessary for the Council to amend the tender documentation in any way, prior to
receipt of tenders, all tenderers who have downloaded documents will be notified
simultaneously via the eTenders NI portal.

10. SUSTAINABLE DEVELOPMENT, ENVIRONMENTAL MANAGEMENT AND

BIODIVERSITY

The Council is committed to the principles of Sustainable Development, Environmental

Management and protection of biodiversity. All tenderers should be aware of the Council’s
Sustainability and Environmental Policy and agree to abide within its principles. Tenders
must follow and adhere to any Environmental Management procedures concerning the
provision of goods and services to the Council. The Council is committed to furthering the
conservation of biodiversity and requires tenders to be mindful of this and where
appropriate ensure that goods and services do not adversely affect local or global
biodiversity.

11. ASSÚMPTIONS

Tenderers must not make assumptions the Council have prior knowledge of their
organisation or their service provision. Tenderers will only be evaluated on the information
provided in their response.

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12. COMPLIANCE

Tenders must be submitted in accordance with these Instructions to Tenderers. Failure to

comply may result in a Tender being rejected by the Council.

13. PERIOD TENDERS ARE TO BE HELD OPEN

Tenders must remain valid for acceptance for a period of three months from the closing
date for submission of tenders.

14. QUALIFIED TENDERS

Qualification of tenders may result in rejection thereof.

15. EVALUATION CRITERIA

Tenders for each area will be evaluated using the following criteria and associated
weightings.

To submit your response via eTendersNI you are required to answer the on-line questions
within each section of the response forms and upload attachments where appropriate.
Upon notification of 100% completion, click ‘Pack and Submit tender’ in the menu at the
top of the screen. These responses can be retracted and re-submitted any time before the
closing date. All saved data in your draft tender is stored locally on your PC. No data is
transferred to eTendersNI until you click on the “Pack and Submit tender" button, which
encrypts and submits your tender.

NB: Save your draft tender before you open any other menu or leave the tender preparation
tool.

Please Note:

• There are seven (7) Lots within this tender

• Each Lot will be evaluated separately therefore separate service providers
may be appointed for each Lot.
• Tenderers may apply for one, all or any Lot.

EVALUATION CRITERIA FOR ASSESSMENT OF TENDERS FOR THE PROVISION OF

LEGAL SERVICES

Organisations must submit plans detailing how and where they will deliver the requirement
taking account of the criteria and requirements specified. To be considered, each
prospective tender must address the key areas below.

Tenders will be evaluated using the following two-stage process (Stage 1 and Stage 2).
Tenderers must demonstrate how they meet all the Exclusion and Selection Criteria in
Stage 1 as listed below before proceeding to be assessed against the Award Criteria in
Stage 2. The Exclusion and Selection Criteria in Stage 1 are Mandatory Requirements,
therefore failure to meet all or any of the Criteria in Stage 1 will result in your tender being
eliminated from the competition.

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 EVALUATION CRITERIA

Exclusion Criteria – Pass/Fail

Mandatory and non-Mandatory Exclusion (Pass/Fail)

Equal Opportunities (Pass/Fail)

Selection Criteria - Pass/Fail

Professional Qualification (Pass/Fail)
Insurance Requirements (Pass/Fail)
Declarations (Pass/Fail)

Award Criteria - 100%

Proposed Methodology 70%
• Quality of Service 20%
• Service Delivery 25%
• Contract Management/Contingency 25%
Cost 30%

FORMAT OF RESPONSE

Professional Qualification (Pass/Fail)

All solicitors nominated to service this contract MUST hold a valid practicing certificate of
the Law Society of Northern Ireland. Tenderers must agree to the ‘Professional
Qualification Declaration’ to confirm this. Award of the contract will be made subject to this
declaration.

Insurance Requirements (Pass/Fail)

Tenderers are required to possess 10 Million pounds sterling Employers Liability Insurance
and minimum of 5 Million pounds sterling Professional Indemnity Insurance. Tenderers
must return a copy of all relevant insurance certificates to confirm the required Insurance
is in place, including details of the relevant excesses that apply to each policy. If you do
not currently hold the required level of insurance, please acknowledge this on etendersNI
when asked and award will be made subject to provision of the required insurance
documentation being provided. In relation to Lot 3, Employment, an amount of 3 Million
pounds sterling Professional Indemnity Insurance for any one claim will be accepted. In
relation to Lot 7, Civil Liability (Litigation), an amount of £5 million Employers Liability
Insurance will be acceptable.

Tenders who have been successful in meeting all the above requirements will
proceed to be evaluated against the following criteria;

Award Criteria 100%

Tenderers must provide a separate submission to address the following criteria

Full details of your methodology for carrying out the contract as detailed below.

Proposed Methodology 70%

Quality of Service 20%

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Tenderers must detail the process for providing the service required outlining the key
activities involved along with the names and responsibilities of the staff involved in each
key activity. Full details of how quality of service measures will be applied to the proposed
services offered under this contract must also be detailed, including but not restricted to
response times.

Service Delivery 25%

One example of experience per team member identified above must be provided and
details must be specified to demonstrate recent experience relevant to the scale, scope
and complexity of this contract. To demonstrate this experience, the example must include
providing specialist advice in Northern Ireland Law in the area of law being applied for. The
relevant qualifications and experience each proposed person must be detailed to enable
the evaluation panel to assess the technical value of the proposed methodology on the
contract.

Contract Management/Contingency 25%

Tenderers must provide details on contract management arrangements and identify

contingency plans should any proposed member of the team detailed above, for reasons
of illness or otherwise be unable to complete this contract or if unavailable, including full
details of comparable qualifications and experience. Tenderers must also provide
information on how they ensure that the firm and Solicitors maintain an up to date
knowledge in the area of law being applied for to ensure continuity.

Cost 30%

To address the criteria, tenderers must complete a pricing schedule for each lot being
applied for. A template is provided for Lots 1-6 (Document C) with a separate template for
Lot 7 (Document D). Costs must be inclusive of all expenses, and exclusive of VAT. The
prices quoted will remain fixed for the duration of the initial contract. Costs quoted will be
evaluated based on the average hourly rate given for the lead solicitor for each lot, the
solicitor nominated as contingency and the rate given for assistant solicitor/trainee solicitor
as proposed using the percentages below.

Lead solicitor per lot 40%

Contingency solicitor per lot 40%
Assistant/Junior/Trainee solicitor per lot 20%

The cost for each lot will be calculated using the percentages above for the grades to give
a single score out of 100, the lowest score will gain full marks (30%) and the others will be
calculated as a ratio to the lowest.

More than one lead solicitor can be nominated but they must all be of equal standard as
stated in the documentation. The nominated staff must be the staff used during the
contract and not just for evaluation purposes. The Council reserves the right to request a
nominated solicitor or move to the next available firm on the framework using the rationale
of capacity.

Only one hourly rate for each grade will be accepted even if there is more than one person
nominated. The nominated staff must be the staff used during the contract and not just for
evaluation purposes.

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 It is up to bidders how they define assistant solicitor or junior solicitor but again they must
be the staff who support the other grades nominated and carry out the duties not covered
by the other grades. The nominated staff must again be the staff used during the contract.

As each lot is being evaluated separately tenderers can use different hourly rates for the
same solicitor if they are used in different Lots.

Quality of service and service delivery request the details of all staff nominated including
the lead solicitors and Contract Management/Contingency requests that contingency staff
are comparable which is why the qualifications and experience are required to ensure
contingency. Qualifications and experience for all staff involved in the tender must be
detailed to enable the evaluation panel to assess the technical value of the proposed
methodology on the contract.

Please note that Lot 7 Pricing Schedule (Document D) has sub-criteria as follows:

• Verbal Advice (Lead Solicitor) - 5%

• Written Advice (Lead Solicitor)- 5%
• Discount Applicable to “Scale of Fees” –
o County Court* – 10%
o High Court** – 10%

*http://belfast-solicitors-association.org/court-costs/

Please also see the attached Appendix 1 insurers scale.

This contract will be awarded to the most economically advantageous tender following
evaluation of tenders based on the criteria above.

Important note: Please note that the maximum available score is 5 (unweighted) for the
quality award criteria as detailed above. Any response for any award criteria which
receives a score of 2 (unweighted) or less will be rejected and the Tenderer will be
eliminated from the competition.

16. STANDARD QUESTIONS

During the electronic submission of your tender response there will be a number of online
questions relating to this project which are mandatory and are required to be answered. In
addition to project specific questions, there are a number of questions relating to the
following;

• Form of Tender;
• Bribery, Collusion and Canvassing Declaration;
• Fair Employment and Treatment (Northern Ireland) Order 1998;
• Freedom of Information Statement;
• Data Protection;
• Conflict of Interest Statement;

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• Vat Registration;
• Terms and Conditions – Services; and
• Confirmations.

The successful Economic Operator may be required to complete and sign an original copy
of the Form of Tender at the award stage of this competition.

There is a requirement to fully complete all information requested during the electronic
submission of your tender. Failure to do so may result in a void tender.

It is important that tenderers take note of Ards and North Down Borough Council’s ‘ANDBC
Terms and Conditions – Services’ as found in the Business section of the Council’s
website: www.ardsandnorthdown.gov.uk

You will need to indicate that you agree and accept these Terms and Conditions.

17. ASSIGNMENT AND SUBCONTRACTING

As per clause 21 of the Council terms and conditions, which must be agreed to within the
electronic submission, the Contractor shall not assign, mortgage, charge or otherwise
transfer any rights or obligations under this Contract without the prior written consent of
the Council.

The Contractor shall not sub-contract any portion of the Contract without the prior consent
of the Council. Sub-contracting any part of the Contract shall not relieve the Contractor of
any obligation or duty attributable to it under the Contract.

The Contractor shall provide the Council with a list of all personnel engaged by its
subcontractors and any subsequent amendments thereto and shall ensure that all other
requirements of the Council are observed and complied with by any sub-contractor.

Where the Council has consented to the placing of sub-contracts, copies of each
subcontract shall be sent by the Contractor to the Council immediately it is issued.

18. PRICE ADJUSTMENT ON EXTENSION OF THE INITIAL CONTRACT PERIOD

The Contract Price shall apply for the Initial Contract Period. If the Client agrees to extend
the Initial Contract Period, the Client may, in the 6-month period prior to the expiry of the
Initial Contract Period, enter into good faith negotiations with the Contractor (for a period
of not more than 30 Working Days) to agree a variation in the Contract Price.

If the Parties are unable to agree a variation in the Contract Price, the Contract shall
terminate at the end of the Initial Contract Period.

If a variation in the Contract Price is agreed between the Client and the Contractor, the
revised Contract Price will take effect from the first day of any period of extension and shall
apply during such period of extension.

Any increase in the Contract Price shall not exceed the percentage change in the Office of
National Statistics’ Consumer Prices Index (CPI) (or another such index specified in the

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 Pricing Schedule) between the Commencement Date and the date 6 months before the
end of the Initial Contract period.

19. PROCUREMENT TIMETABLE

The timetable for procurement is detailed in the table. Whilst every attempt will be made to
adhere to the timetable, delays may occur during the tendering phase. This timetable
cannot be guaranteed and is indicative only. If significant variations occur to the timescales
indicated, the Council will keep tenderers updated using the eTendersNI messaging
system.

Procurement Activity LATEST DATE

Publish Advert 12 April 2018

Publish documentation on eTendersNI 12 April 2018

Closing date for return of Tenders 18 May 2018

Report to Council End June 2018

Award Contract Mid July 2018

6 August for lots 1-4 and 7

Contract commence
7 November 2018 for lots 5 and 6

20. OTHER INFORMATION

Tenderers should note that where quantities are given in this specification, they are only
estimates and shall not be binding on the Council.

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 SECTION 2

TENDER SPECIFICATION

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Background
Ards and North Down Borough Council is in the east of Northern Ireland, covering
the Ards Peninsula, most of Strangford Lough and the southern shore of Belfast
Lough. It comprises an area of 228 square miles, which combines attractive coastline
with many pleasant open spaces. The borough has a population of 157,000. This
Council’s focus now, is moving beyond transitional change to the transformation of
services to deliver the best services to our residents and visitors in this customer
orientated environment. The Council provides a range of services to residents, as
well as support for businesses and visitors. This new beginning for local government
is reflected in the corporate plan for Ards and North Down Borough Council:

Our Purpose
Our purpose is to make Ards and North Down the best place to live, work, visit and
invest.

Our Vision
Our vision is that Ards and North Down will be a place to be proud of which is more
prosperous, vibrant, healthy, and sustainable and where people enjoy an excellent
quality of life.

Further information about the Council can be found on the Council’s website at
http://www.ardsandnorthdown.gov.uk

Range of Services
The Council engages in the usual range of Local Authority activities including Leisure
Services, Community Services, Parks and Open Spaces, Tourism, Cultural Facilities,
Refuse Collection, Street Cleansing, Environmental Health/Technical, Registration of
Deaths, Births and Marriages, Burial Grounds, Public Conveniences, Administration,
Employment, Finance, Economic Development and Planning/Building Control
amongst others. It is envisaged that these services will be expanded to incorporate
other Central Government functions under the Review of Public Administration and
Local Government Reform e.g. planning – covering local Development Plan
functions, development management and enforcement, Local Roads, Public Realm,
Rural Development, Urban Regeneration and Community Planning, and Local
Economic Development.

Legal services framework

Ards and North Down Borough Council (the Council) has identified that its legal
requirements fall under seven (7) main areas of expertise and wishes to appoint firms
of solicitors to provide advice in the following areas of law:

▪ Planning
▪ Land and Property
▪ Employment
▪ Enforcement
▪ Legislative
▪ Procurement
▪ Civil Liability (Litigation)

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 The Council will appoint the companies ranked 1, 2 and 3 in respect of each area of
law after formal evaluation. Commissions will be offered to the company ranked 1.
Companies 2 and 3 will be offered commissions in the event of (1) a conflict of interest
or (2) the preferred firm not having the capacity to deliver a project within the required
timeframe.

The current tender for Legislative and Procurement legal advice is due to expire on
the 6 November 2018 and the award of this contract will apply to lots 5 and 6 from 7
November 2018 with subsequent reviews in line with the other lots of the contract.

The Council requires tenderers to provide legal advice in each area of law at a senior
level therefore tenderers are required to nominate staff who have a minimum of 5
years post qualified experience.
The contingency solicitor for each lot also requires 5 years Post Qualification
Experience as they must be of equal standard with the lead solicitor for each lot.

The Council will hold the discretion that for large pieces of work, a mini competition
may be held and all companies on the relevant Lot will be approached to quote for
that piece of work.

Firms of solicitors may apply for all or any of the areas of law. Please indicate which
area(s) of law you wish to be considered for at electronic submission.

Please see below for more detail on the specific requirement for each lot.

1. Planning

The areas in this lot may include but not be limited to the following: -

• Provide legal representation at Planning Committee meetings of Ards and North

Down Borough Council, this will involve a solicitor attending monthly Planning
Committee meetings to provide legal advice to Members.
• Advice on the determination of planning applications including advice on the legal
tests for planning conditions and reasons for refusing planning permission.
• Legal representation for prosecution of planning offences, solicitors will normally be
expected to contest the case rather than brief Counsel. This will involve initiating and
conducting prosecutions in the courts including issuing summonses and injunctions
and briefing Counsel when required.
• Advising on all aspects of law, evidence and procedure arising out of or related to
each prosecution.
• Provide written feedback to the Council on court outcome within one calendar month
following court hearing.
• Legal representation for Area Plan Independent Examinations.
• Legal representation at planning appeals/enforcement appeals (legal representation
at planning and enforcement appeals is not normally required but may be
occasionally).
• Drafting of legal planning agreements on behalf of Council.
• Advising on discharge of planning agreements;
• Advising on revocation of planning approvals;

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• Advice on powers and duties of DOE and the Council regarding regionally significant
planning applications.
• Advice on compliance with the relevant requirements of EU and ECHR law arising
out of the Shared Environmental Service or related to the above matters.
• Litigation (criminal prosecutions/judicial reviews) arising from the discharge of the
Councils planning functions.
• Appoint and brief Counsel whenever necessary. Such engagement will only be at the
Council’s prior approval with rates agreed in advance.
• Provide legal service from Monday to Friday (08.00 -18.00) exclusive of statutory and
customary holidays and on the occasion when urgent circumstances require.
• Provide a legal service outside the standard hours specified above on an exceptional
basis when necessary. This advice will be provided at the rates stipulated within their
tender submission.
• Provide legal advice on requests made under Freedom of Information and
Environmental Information Regulations including data protection advice.
• Advice on compliance with the Northern Ireland Local Government Code of Conduct
for Councillors may also be required.
• Liaise closely with Council staff in relation to all advice provided and any other legal
matter in relation to the Councils planning functions.
• The Council will require advice and support on Planning and Building Control issues
in relation to the Planning (NI) Order 1991 and the Regional Development Strategy
2025 and all the relevant supporting and enabling legislation.

2. Land & Property

The requirements in this area encompass all aspects of ownership and rights in and
over land. Particular land law issues which may arise include: the acquisition and
disposal of land; boundary disputes; creation, user and obstruction of rights of way
including Public Rights of Way and Public Path Agreements; right to light; rights of
occupation; water rights; adverse possession; trespass; Vesting and compulsory
purchase of land; easements and wayleaves; Business Tenancies; common land
restrictive covenants; the use of Council land by third parties and the drafting of
leases, licences and other legal documents.

The Council may require advice on land and property planning issues which are not
covered within Lot 1.

Although there are two separate areas within this lot, it is likely that the requirements
will be largely the same for both, but council are giving tenderers the option of
providing examples as 2 specialist areas.

This lot will include advices and associated actions on:

A. The acquisition of land & property by the Council.

B. The disposal of land & property by the Council.
C. The use of Council land and property.
D. Marketing of land and property.
E. The rental of Council land and property.

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3. Employment

The advice required by the Council will include the whole of the employment
relationship between the Council, its employees and workers from recruitment to
termination of contract. The areas in this lot may include but are not limited to the
following particular issues which may arise such as, breach of contract; equal pay;
unfair dismissal; employment policy and procedure; discrimination in the work place;
bullying and harassment; capability; absence from work; occupational health issues;
trade unions; industrial action; protection of employees on the transfer of
undertakings; redundancy; maternity/paternity/parental leave rights and unlawful
deductions from wages. The Council will require advice and support in relation to all
aspects of the legal process including Industrial Tribunal and High Court
representation, as required.

4. Enforcement

The Council may require legal support in all areas surrounding the provision of public
services under the Local Government (Northern Ireland) Act 1972, Environmental
Law, this may include but are not limited to, waste management and environmental
health legislation, regulatory services including the Dogs (NI) Order and Local
Government (Miscellaneous Provisions) Order 1985 and the Betting, Gaming and
Lotteries Order 1985. The appointed tenderer(s) will be expected to provide legal
advice and support.

Enforcement includes litigation and prosecution but applies to all regulatory aspects
of enforcement to include but not be limited to environmental health, licensing
functions, bye laws, planning and building control.

The Council’s Building Control Department will require support for enforcement under
the Building Regulations and the Building Regulations Order, as well as support as
required under dangerous building legislation. Advice and support as required for all
matters which may arise through the delivery of the Building Control service.

Tenderers should be aware that legal services relating to the enforcement of offences
relating to the Welfare of Animals Act are outside the terms of this tender as this
service is procured and delivered on a regional basis.

5. Legislative

Provision of advice on all legislative matters as and when they arise from any section
across the council, this may include but not limited to, policy guidance, equality,
disability, burials, corporate governance, sustainability, burial, health and safety,
transport legislation and policy, freedom of information, environmental information
regulations, data protection and specifically the General Data Protection Regulations
2018.

The Council may also require advice on the principles of business and commerce
covering matters like trading and sale of goods, bank transactions, insurance
disputes, loan and guarantee matters and other things relating to the laws of trade
and commerce.

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The appointed tenderer(s) may also be required to
provide advice and legal support in respect of drafting and reviewing partnership
agreements, warranties and license agreements.

6. Procurement

The Council requires advice and representation in the following areas: - formation of
contracts under EU & UK Public Procurement Regulations, contract formalities,
contract renewals, drafting and review of concession agreements, franchises, breach
of contract, bringing a contract to an end because of misrepresentation; mistake,
enforceability of contracts and agency and determining the remedies available for
breach of contract or breach of procurement regulations.

The appointed tenderer(s) may also be required to review construction contracts

under JCT, ICE and NEC form of agreement although the majority are now NEC as
this is required for funded projects. This may include but not be limited to:

Advice on compensation events

Arbitration
Adjudication

Tenderers should be aware that there is currently a procurement service unit within
council with officers who are MCIPS qualified and provide strategic and operational
support to council for all aspects of the tendering process. Legal advice to council
on procurement matters will be of a higher specialist nature such as a judicial review,
advice on competitive dialogue for a specialist project or a complex franchise, not on
day to day procurement.

7. Civil Liability (Litigation)

The Council will require advice & representation in Civil Liability matters,
predominately but not exclusively in the areas of Personal Injury, Property Damage
and Professional Indemnity.

This category refers to potential and actual litigation claims under insurance risk
headings; primarily Public, Products, Employers, Environmental Impairment,
Professional and Officials Indemnity. In addition, the Council may seek liability advice
from time to time on the potential effect of an actual or proposed act, decision or
event. Current policy excesses for PL & EL (referred to as self-insurance) are £50k
each claim with an annual aggregate limit of £500,000. The Council has full authority
to the limit of this excess. Professional and Officials excess per claim is £5,000 and
£25,000 for Environmental Impairment.

Whilst it is envisaged that the majority of representation will be in defence of actions

the Council may require representation as the claimant, for example, recovery actions
including uninsured loss and property / damage.

For information, the average annual amount of claims received by the legacy North
Down Council was 26 and the average settlement was £2415, for the legacy Ards

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 Council, the average annual amount of claims received was 49 and the average
settlement was £9141.00.

Service Provider Specification

The Council requires that the advice offered through this contract is robust in all
relevant areas, therefore the successful service providers will: -

a) be required to be knowledgeable in, and have experience of the law, practice and
procedure relevant to a Northern Ireland based Local Authority (Council)

b) be required to demonstrate a proven record in the handling of prosecution and civil

action cases within the areas described above

c) advise on legal matters within the area(s) of law for which they will be appointed

d) it is envisaged that only those firms who practice mostly or largely in the relevant area
of law will be considered therefore experience must closely reflect the specification

Current Arrangements

Any ongoing work, which was initiated during the existing contract, will be completed
by the current provider.

Invoices

Successful firms must provide a detailed invoice for any work undertaken which
should include:

1. date, time and duration of time spent by fee earners in relation to each charge;

2. name of contact within the Council in relation to each charge;

3. a brief narrative of work done by each fee earner in the relevant billing period; and

4. when the services being provided are on-going, the monthly billing to the Council
should be accompanied by a running total of the expenditure incurred by the firm
on the provision of that service.

Specialist Advice

Where it is felt by the Council that Specialist Legal advice is required which isn’t
covered under the scope of this contract, then the Council reserves the right to place
this specialist work outside of this Contract.

Contract monitoring and reviews

In addition to the invoicing information, the Council shall be entitled to establish such
monitoring and budgetary arrangements in relation to the operation of the contract as
the Council acting reasonably may deem appropriate and your firm will be required

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to provide such assistance and co-operation for the effective operation of such
arrangements.

Successful firms will be required to avoid conflicts of interest to the satisfaction of the
Council during the term of the contract. If a successful firm does not deal with a
conflict of interest to the satisfaction of the Council, this will be deemed to be a
fundamental breach of the contract and the Council shall be entitled to terminate the
contract with immediate effect.

Availability

The firms of solicitors must be able to provide a legal service from the hours of 9am
to 5pm, Monday to Friday. Contact with the appointed firms will mainly be by
telephone and email but face-to-face legal advice must also be available when
required.

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