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Legal Services Framework User Guide Framework Reference Number

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Legal Services Framework User Guide Framework Reference Number Estates, Facilities & Professional Services Legal Services Framework User Guide Framework Reference Number: 4824-3068 OJEU Reference: - 2018/S 219-501674 February 2019 Version Control Contributor(s) Date Version Comments Matthew Price 18/02/2019 0.1 Draft layout for population Matthew Price 13/05/2019 0.2 First draft population Laura Whitworth 09/11/2019 0.3 Updated contact details Contact Details Laura Whitworth Senior Category Manager NHS London Procurement Partnership 200 Great Dover Street London SE1 4YB Telephone 07548 152 944 Email [email protected] Web www.lpp.nhs.uk Legal Services Framework User Guide v0.3 © London Procurement Partnership 2019 2 Contents 1. Introduction .................................................................................................................................... 5 1.1 Key Information ...................................................................................................................... 5 1.2 Background ............................................................................................................................. 5 1.3 Overview & Lot Structure ....................................................................................................... 6 1.4 Expected Benefits ................................................................................................................. 12 1.5 Awarding a Contract ............................................................................................................. 13 2. Management of the Framework Agreement ................................................................................ 14 2.1 Framework Contracts ............................................................................................................ 14 2.2 Activity Based Income (ABI) .................................................................................................. 14 2.3 Management Information .................................................................................................... 14 2.4 Framework Manager ............................................................................................................. 14 2.5 Business Continuity Plans ..................................................................................................... 14 3. Accessing the Framework ............................................................................................................. 15 3.1 Framework Access ................................................................................................................ 15 3.2 Benefits of Accessing a Framework ...................................................................................... 15 3.3 Framework Access Charge .................................................................................................... 15 3.4 Customer Access Agreement (CAA) ...................................................................................... 15 4. Running a Mini-Competition or Call-Off ....................................................................................... 17 4.1 Establishing a Project Team .................................................................................................. 17 4.2 Key Decisions and Actions ..................................................................................................... 17 4.3 Undertaking a Mini Competition .......................................................................................... 17 4.4 Evaluation Criteria ................................................................................................................. 20 4.5 Undertaking a Direct Order / Call Off ................................................................................... 21 4.6 Transition, Planning and Support .......................................................................................... 21 4.7 Managing the Contract ......................................................................................................... 22 4.8 Key Performance Indicators .................................................................................................. 22 5. Frequently Asked Questions ......................................................................................................... 23 5.1 What is a Framework and is it compulsory to join? .............................................................. 23 5.2 If a supplier is not on the framework can they still take part? ............................................. 23 5.3 Do I need to invite all suppliers to a mini competition? ....................................................... 23 5.4 How long does a mini competition need to run for? ............................................................ 23 Legal Services Framework User Guide v0.3 © London Procurement Partnership 2019 3 5.5 Do I have to apply a stand still period to a mini competition? ............................................. 23 6. Appendices .................................................................................................................................... 24 6.1 Appendix A – Supplier List by Specialism .............................................................................. 24 6.2 Appendix B – Supplier Contacts ............................................................................................ 26 6.3 Appendix C – Responsibilities Matrix .................................................................................... 29 6.4 Appendix D – Customer Access Agreement (CAA) ............................................................... 30 6.5 Appendix E – Mini Competition Documentation .................................................................. 31 6.6 Annex 1 – Supplier Profiles ................................................................................................... 32 Legal Services Framework User Guide v0.3 © London Procurement Partnership 2019 4 1. Introduction This user guide is intended to provide information about the Legal Services framework owned by NHS Commercial Alliance and to provide practical support to participating authorities who wish to access the framework to award contracts. Please note that the guidance provided within this document only applies to this framework and participating authorities should ensure they refer to the guidance document which is relevant to the framework they wish to access to ensure that the right processes are being followed. Procurement teams should be involved in the decision to access the framework to ensure that the decision fits with local procurement policies and participating authorities’ standing financial instructions. 1.1 Key Information Framework Title Legal Services OJEU Reference Number 2018/S 219-501674 Agreement Reference 4824-3068 Number Framework Period 01/02/2019 – 31/01/2023 with no further extension periods 1.2 Background The NHS is a large and complex organisation and requires specialist legal advice on a range of issues. Prior to 2011 many Trusts in London were using a focused number of suppliers for much of their Legal Services requirements with a wide variety of rates being paid to the same suppliers. An initiative was undertaken in 2011 to harmonise fees across Trusts and achieve best price through a tender for the provision of Legal Services. The existing Legal Framework let back in 2015, has been widely used by LPP members and non-members. The framework was for a 4 year period. This framework expired on 31st January 2019 and cannot be extended any further. Feedback from user Trusts and CCGs showed the need for continuation of the framework with a similar replacement. The recent formation of the NHS Collaborative Procurement Partnership has resulted in the opening up of framework access to NHS LPP member trusts. The NHS Commercial Alliance (a strategic partnership between NHS Commercial Solutions and East of Legal Services Framework User Guide v0.3 © London Procurement Partnership 2019 5 England NHS Collaborative Procurement Hub) awarded this framework for the provision of legal services in February 2019 which, through the NHS Collaborative Procurement Partnership, is open for LPP members to access. NHS Commercial Solutions, on behalf of NHS Commercial Alliance, has let this framework agreement subsequent to a procurement using the Open procedure as directed by the Public Contracts Regulations 2015 (as amended). Multiple providers were successful and have been appointed to the framework which has been let for four years. Contracts awarded under the agreement are not required to co-terminate with the agreement and may, therefore, be let for the most economically advantageous period The framework agreement provides a compliant route to market to procure a range of legal services let as a single lot, this removes the limitation of framework providers only being able to deliver services in the lots in which they were successful, 1.3 Overview & Lot Structure To provide maximum flexibility to Customers, the framework has been structured as a single lot. This removes the limitation of framework providers only being able to deliver services in the lots in which they were appointed. Requirements for the service will fall within two types of work: Standard Activity Standard activity is any activity under the areas of law identifies below. Significant/Large Projects Significant or large projects will cover one off type large project works with the projected value of fees likely to exceed £25,000. All providers appointed to the framework
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