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Legal services

Published 14/02/2020

Wales

Country UK

Status Contract notice

CType Services

Tender Details
Reference2020/S 032-076451
Award CriteriaThe most economic tender
ProcurementOpen procedure
Main ActivitiesHousing and community amenities
Common Procurement VocabularyLegal services
Legal representation services
Date Published14th Feb 2020

Wales

Country UK

Status Contract notice

CType Services

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Central Housing Investment Consortium Ltd (CHIC)
Postal address: 84 Spencer Street
Town: Birmingham
NUTS code: UKG31
Postal code: B18 6DS
Country: United Kingdom
Contact person: Tim Morel and Elena Khawaja
E-mail: chic@KennedyCater.com
Telephone: +44 2071134020

Internet address(es):

Main address: https://www.chicltd.co.uk/

I.2)Information about joint procurement
The contract is awarded by a central purchasing body
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.delta-esourcing.com/tenders/UK-UK-Birmingham:-Legal-services./49YX5F5VJ9
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Other type: Central Purchasing Body for various contracting organisations
I.5)Main activity
Housing and community amenities

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

UK-Birmingham: Legal Services

II.1.2)Main CPV code
79100000
II.1.3)Type of contract
Services
II.1.4)Short description:

CHIC is a consortium of registered providers registered under the Housing and Regeneration Act 2008. It is a registered company incorporated on 25.5.2010 under company number 07266506. It currently has around 90 members, although it should be noted that some of the members are groups of housing providers. Details of members can be found at http://www.chicltd.co.uk/.

The members intend to appoint suppliers to each lot capable of providing high-quality commercial and practical legal advice and assisting members to reduce their legal spend. It is an objective of this tender that the members will achieve better value, enhanced service delivery and more efficient management of matters outsourced to external solicitors.

II.1.5)Estimated total value
Value excluding VAT: 15 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 3
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

Lot 1: Corporate, Governance and Finance Legal Advice;

Lot 2: Housing and Asset Management Legal Advice;

Lot 3: Property and Development Legal Advice.

II.2)Description
II.2.1)Title:

Lot 1: Corporate, Governance and Finance Legal Advice

Lot No: 1
II.2.2)Additional CPV code(s)
79100000
79112000
II.2.3)Place of performance
NUTS code: UKH
NUTS code: UKI
NUTS code: UKF
NUTS code: UKG
NUTS code: UKL
NUTS code: UKJ
NUTS code: UKK
NUTS code: UKE
NUTS code: UKD
NUTS code: UKC
Main site or place of performance:

East of ENGLAND, London, East Midlands (ENGLAND), West Midlands (ENGLAND), WALES, South East (ENGLAND), South West (ENGLAND), Yorkshire and the Humber, North West (ENGLAND), North East (ENGLAND)

II.2.4)Description of the procurement:

— banking and finance including the raising of bank funding, capital markets issuance and hedging arrangements

— charging and security work,

— development draw down funding (including contracts with the HCA/GLA),

— corporate governance,

— new business opportunities,

— acquisitions and disposals,

— joint ventures and subsidiaries,

— amalgamations and restructuring,

— stock transfers,

— employment advice (including TUPE),

— taxation advice,

— pensions,

— charity law,

— industrial and provident society law,

— constitutional reviews,

— board member powers and responsibilities,

— corporate policies and procedures,

— commercial contracts (including supporting people contracts),

— debt recovery,

— procurement law,

— commercial disputes,

— grant applications e.g. big lottery funding,

— IT and information law including system maintenance and support agreements, defamation and the internet, and intellectual property,

— data protection,

— code of Governance,

— regulations,

— company Law,

— miscellaneous advice such as occasional advice on such matters as financial inclusion/general advice to tenants, consumer credit licence issues, health and safety, defamation, fraud, insolvency judicial reviews and public law issues including Human Rights Act.

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: 3 000 000.00 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
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information
II.2)Description
II.2.1)Title:

Lot 2: Housing and Asset Management Legal Advice

Lot No: 2
II.2.2)Additional CPV code(s)
79100000
79112000
II.2.3)Place of performance
NUTS code: UKH
NUTS code: UKI
NUTS code: UKF
NUTS code: UKG
NUTS code: UKL
NUTS code: UKJ
NUTS code: UKK
NUTS code: UKE
NUTS code: UKD
NUTS code: UKC
Main site or place of performance:

East of ENGLAND, London, East Midlands (ENGLAND), West Midlands (ENGLAND), WALES, South East (ENGLAND), South West (ENGLAND),Yorkshire and the Humber, North West (ENGLAND), North East (ENGLAND).

II.2.4)Description of the procurement:

Housing litigation such as:

— disrepair claims,

— anti-social behaviour proceedings (including injunctions, committal),

— rent arrears possession proceedings,

— non-rent arrears possession proceedings,

— possession proceedings (all types),

— assured shorthold accelerated possession claims,

— trespassers,

— possession succession,

— evictions,

— gas servicing and other access injunctions,

— supported housing disputes,

— terminating licence agreements and obtaining possession,

— service charge disputes,

—tenancy fraud,

— mediation,

— first tier tribunal advice and advocacy,

— leaseholder disputes,

— deceased leaseholders where executors not meeting their obligations or where no monies in estate,

— unlawful assignments,

— enforcement/forfeiture,

— leasehold and shared ownership sub-letting,

— managing agent issues including those arising from Tri-Partite agreements i.e. RP, leaseholder and managing agent.

General housing advice such as:

— tenancy agreement advice,

— anti-social behaviour advice,

— welfare benefit advice,

— service charge advice,

— estate management board advice,

— managing agents contracts and service level agreements,

— supported and sheltered housing advice,

— advice on complaints,

— dilapidations,

— dealing with lack of mental capacity,

— Judicial review,

— welfare reform updates,

— data protection/GDPR,

— energy supply agreements with residents.

Housing management policy advice such as:

— drafting and advising on new forms of tenancy and licence agreement,

— rent setting advice,

— policy drafting, approval and annual health checks,

— advice on procedures — this may include drafting all or part of a procedure.

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: 3 000 000.00 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
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information
II.2)Description
II.2.1)Title:

Lot 3: Property and Development Legal Advice

Lot No: 3
II.2.2)Additional CPV code(s)
79100000
79112000
II.2.3)Place of performance
NUTS code: UKH
NUTS code: UKI
NUTS code: UKF
NUTS code: UKG
NUTS code: UKL
NUTS code: UKJ
NUTS code: UKK
NUTS code: UKE
NUTS code: UKD
NUTS code: UKC
Main site or place of performance:

East of ENGLAND, London, East Midlands (ENGLAND), West midlands (ENGLAND), WALES, South East (ENGLAND), South West (ENGLAND), Yorkshire and the Humber, North West (ENGLAND), North East (ENGLAND).

II.2.4)Description of the procurement:

Development

— public private partnerships,

— site assembly,

— options to purchase,

— acquisitions/disposals of land/buildings including new build plot sales,

— acquisitions/disposals of tenanted stock,

— stock swaps,

— statutory agreements e.g. s.38, 278, 104,

— planning agreements e.g. s.106 and s.111,

— development agreements,

— development funding (including HCA Help to Buy agreements),

— management agreements,

— establishing development-related management companies including joint ventures,

— construction agreements (including collateral warranties),

— bonds,

— parent company guarantees,

— contentious construction,

— novation agreements,

— Wayleaves and other utility agreements,

— building licences,

— grant agreements,

— health and safety,

— overage,

— planning advice,

— property taxation advice,

— procurement advice,

— development disputes (including litigation),

— environmental issues,

— ESCo/MUSCo leases and concession agreements,

— energy supply agreements with residents,

— consultant appointment letters,

— contract amendments,

— frameworks for consultants and contractors,

— fire safety, asbestos water and other H&S law.

Commercial property

— property rationalisation including purchases, disposals, stock swaps, TUPE (employment issues),

— purchases/disposals of real estate (general),

— auction acquisitions and disposals,

— easements,

— title investigations,

— agreements for lease/licences,

— granting and taking leases,

— management agreements,

— lease management e.g. licences to assign, licences for alterations, deeds of variation, lease extensions, rent review memoranda etc.,

— advice relating to existing leases and management agreements,

— commercial lease renewals and surrenders,

— tenanted sales initiatives,

— tenanted transfers including overage agreements,

— dilapidations,

— adverse possession including traveller issues,

— establishing property joint ventures,

— plot sales (commercial),

— consent issues relating to restrictions on title, including lifting of restrictive covenants,

— ground rent issues,

— property litigation,

— construction contracts (including professional services contracts),

— serving section 25 and s26 notices and responding to the same when served,

— re-possession of premises.

Residential property

— purchases and sales of individual residential units (freehold/ leasehold),

— new build plot sales (freehold/ leasehold),

— easements,

— lifting of restrictive covenants,

— auctions,

— sales under right to buy, right to acquire/social homeBuy,

— mortgage rescue,

— independent supported living purchases,

— service charge issues (including sinking fund disputes),

— leasehold valuation tribunal advice and advocacy,

— leasehold enfranchisement,

— absent landlords (overseas etc.).

Shared Ownership

— setting up shared ownership schemes including drafting lease incorporating requirements of planning agreements and attending site as required during construction phase

— staircasing (not final and final),

— resale/assignment to new owner,

— easements,

— lifting of restrictive covenants,

— surrenders,

— repossessions,

— new build plot sales,

— managing agent issues including those arising from tripartite agreements i.e. RP, leaseholder and managing agent,

— lease management e.g. licences to assign, licences for alterations, deeds of variations, lease extensions.

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: 9 000 000.00 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
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

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
III.1.2)Economic and financial standing
List and brief description of selection criteria:

As detailed in the procurement documents.

Minimum level(s) of standards possibly required:

As detailed in the procurement documents.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

As detailed in the procurement documents.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

As set out in the invitation to tender.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 17/03/2020
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
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 months: 6 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 17/03/2020
Local time: 13:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement. The estimated total value in II.1.5) should be treated as a rough guide and not a constraint. This framework will be accessible to existing and new CHIC members. CHIC cannot accurately predict the growth in its membership or individual members' expenditure. Expenditure could significantly exceed the estimated total value in the event of high demand.

For more information about this opportunity, please visit the Delta eSourcing portal at:

https://www.delta-esourcing.com/tenders/UK-UK-Birmingham:-Legal-services./49YX5F5VJ9

To respond to this opportunity, please click here:

https://www.delta-esourcing.com/respond/49YX5F5VJ9

Go reference: GO-2020210-PRO-15969192

VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court, Royal Courts of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079476000
VI.4.2)Body responsible for mediation procedures
Official name: The High Court, Royal Courts of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079476000
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Central Housing Investment Consortium Ltd will observe a 10-day standstill period calculated in accordance with the Public Contracts Regulations 2015. Under those regulations, aggrieved bidders may by way of proceedings in the High Court seek relief in respect of alleged breaches of the Public Contracts Regulations 2015 which may include declaring any award ineffective and/or seeking damages. After the expiry of the 10-day standstill period, CHIC will unless prevented by order of the court conclude and enter all framework agreements.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Central Housing Investment Consortium Ltd (CHIC) — c/o Kennedy Cater Ltd
Postal address: 84 Spencer Street
Town: Birmingham
Postal code: B18 6DS
Country: United Kingdom
E-mail: chic@KennedyCater.com
Telephone: +44 2071134020
VI.5)Date of dispatch of this notice:
10/02/2020
More Tenders »
Tender Details
Reference2020/S 032-076451
Award CriteriaThe most economic tender
ProcurementOpen procedure
Main ActivitiesHousing and community amenities
Common Procurement VocabularyLegal services
Legal representation services
Date Published14th Feb 2020