Legal Services Framework Agreement

Legal Services Framework Agreement

Grampian is seeking to enter into Framework Agreements with appropriately qualified consultants to provide most of the legal services.

CONTRACT NOTICE – NATIONAL
SERVICES

1 Authority Details

1.1

Authority Name and Address


Grampian Housing Association Ltd

Corporate Services, Huntly House, 74 Huntly Street,

ABERDEEN

AB10 1TD

UK

Malcolm McNeil

+44 1224285270

malcolm.mcneil@grampianhousing.co.uk

+44 1224645526
http://www.grampianhousing.co.uk/
www.publiccontractsscotland.gov.uk
www.publiccontractsscotland.gov.uk

1.2

Address from which documentation may be obtained

As in 1.1

1.3

Completed documents must be returned to:


Grampian Housing Association Ltd

Corporate Services, Huntly House, 74 Huntly Street,

ABERDEEN

AB10 1TD

UK

Malcolm McNeil

+44 1224285270

malcolm.mcneil@grampianhousing.co.uk

+44 1224645526
http://www.grampianhousing.co.uk/

2 Contract Details

2.1

Title

Legal Services Framework Agreement

2.2

Description of the goods or services required

Grampian is seeking to enter into Framework Agreements with appropriately qualified consultants to provide most of the legal services commonly required by it on a regular and an ad hoc basis.

The Association will be seeking to appoint providers to four lots which are

Corporate

Development

Acquisitions and disposals

Housing debt and recovery

NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=342423.

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.

2.3

Notice Coding and Classification

261100 Professional and Advisory Services
281200 General Legal Support
281300 Legal Opinion
281400 Specialist Legal Support
289999 other Legal Services

130 Aberdeen & North-East

2.4

Total quantity or scope of tender

Lot 1 – Corporate

Grampian intends to appoint a maximum of four (4) firms to provide the Services under Lot 1. Grampian retains the right to appoint fewer or more firms if it considers appropriate.

The scope of the Service which applicants appointed as part of the Lot 1 Framework Agreement may be required to undertake will include (but may not be limited to):

– Employment law both contentious and non contentious including the following areas of practice: disciplinary & grievance; terminations; industrial relations; collective consultation; contracts of employment, breach of contract and variation of contract; redundancy; equal pay; discrimination; family friendly policies; the Equality Act; fixed term, part time and working time; PIDA: restructuring and outsourcing; transfers and mergers; TUPE; tribunal procedure and advocacy; frontline HR support and providing opinions, briefing notes, information and training;

– Corporate law including the following areas of practice: setting up companies (including charitable companies) and limited liability partnerships; joint ventures; acquisitions and disposals of assets and shares; restructurings; shareholder agreements; operating agreements; company secretarial services; advice related to charitable/non-charitable activities/trading; general corporate advice including advice on directors duties and other statutory matters;

– Governance including the following areas of practice: advice on good practice; regulatory authority requirements/expectations; model policies produced by statutory or membership bodies;

– Commercial contracts including the following areas of practice: contracts for supply of goods and services; events, sponsorship, advertising and funding agreements; housing association legislative compliance and trading powers; joint working and partnership agreements; consumer credit legislation and compliance; Data Protection; FCA registration and compliance; ad hoc contract law queries;

– Banking including the following areas of practice: advising on loan facility agreements with lenders; re-structuring facilities; security arrangements; bond issues and institutional investment;

– Intellectual Property including the following areas of practice: trade mark, patent, copyright and design right protection and enforcement; IP commercialisation and licensing;

– Procurement and Competition Law including the following areas of practice: EU procurement and competition regulation compliance; best value requirements; alternative business models and outsourcing; general advice on all aspects of procurement law and best practice;value for money;

– Litigation including the following areas of practice: litigation related to all areas of Grampian business (including contractual actions); debt recovery; inhibitions; interdict; statutory enforcement proceedings; statutory appeals; Judicial Review; Guardianship Orders and Intervention Orders under the Adults with Incapacity (Scotland) Act 2000; advice related to the Protection of Vulnerable Groups (Scotland) Act 2007; pursuing/ defending reparation actions (including personal injury)

– Consumer Credit including: advising on whether activities carried out or proposing to be carried out by Grampian fall within the context of consumer credit law including liaising with the FCA.

– Regulated Activities including: advice on regulation with the Scottish Housing Regulator, Office of the Scottish Charity Regulator and the Financial Conduct Authority and what constitutes regulated activities including compliance with the regulatory body requirements.

– Mergers & Acquisitions including: advising on appropriate group structures and how to manage group expansion.

– Pensions including the following areas of practice: admission agreements; calculation of pension loss; general pension law advice; Court actions; pension fund governance; liability limitation.

– Data Protection including: compliance with legislation and good practice, managing data protection queries and requests for information

Lot 2 – Development

Grampian intends to appoint a maximum of two (2) firms to provide the Services under Lot 2. Grampian retains the right to appoint fewer or more firms if it considers appropriate.

The scope of the Service which applicants appointed as part of the Lot 2 Framework Agreement may be required to undertake will include (but may not be limited to):

– Construction Law including: construction and engineering contracts, including design & build contracts; collateral warranties and professional appointments; building maintenance and facilities management sub-contracts; advice on existing project matters; ad hoc advice on construction law; adjudication, arbitration and other alternative dispute resolution proceedings;

– Environmental Law including: regulatory compliance advice; statutory enforcement powers and duties;

– Planning law including: All aspects of Planning legal work including representation at high profile planning inquiries; legal agreements; advice on planning legislation; enforcement proceedings; key strategic projects; section 75 agreements.

– Property Law including: purchase of sites for development; advice on liability for common charges and responsibilities for common ground and property.

Lot 3 – Acquisitions & Disposals

Grampian intends to appoint a maximum of two (2) firms to provide the Services under Lot 3. Grampian retains the right to appoint fewer or more firms if it considers appropriate.

– Conveyancing including; disposals of properties on a shared ownership and shared equity basis; conventional dispositions of property sold under Right to Buy legislation and as part of any stock rationalisation; acquisitions of single or multiple properties. Preparation of Title and Deed of conditions.

– Agreements including: preparation of new shared ownership agreements and on expiry; preparation of assignation or new shared ownership/ shared equity agreements.

Lot 4 – Housing & Debt Recovery

Grampian intends to appoint a number of firms (maximum number in Framework will depend on tender submissions) to provide the Services under Lot 4. Grampian retains the right to appoint as many firms it considers appropriate with regard to this Lot.

The scope of the Service which Consultants appointed as part of the Lot 4 Framework Agreement may be required to undertake will include (but may not be limited to):

– Anti Social Behaviour Proceedings including: advising on anti social behaviour legislation and its application: serving of anti social behaviour orders; management and advice relating to tenancy disputes.

– Repossessions & Evictions including: advising on recovery of possession and eviction proceedings.

– Debt Collection including: advising on various courses of action related to pursuing for debts due; representing Grampian in court for recovery proceedings; serving and advising on closure orders, Notice of Inhibitions, notice of potential liability, Notice to Quits, dispersal orders and homelessness challenges. Provision of legal advice on universal credit legislation.

– Liability for Charges including: advice on liability for common charges and responsibilities for common ground and property; interpretation of Deeds of Conditions.

– Management Agreements including: preparation and interpretation of management agreements related to property management, maintenance and related property and/or tenant/landlord services provided to or received by Grampian.

In addition to the services outlined above, Grampian expects successful applicants to provide training seminars for each of the four contract Lots. Consultants must be willing to provide (at no extra cost to Grampian) training seminars to Grampian staff on agreed topics, up to a maximum of six sessions per annum.

It is anticipated that the total value of services over the period of appointment will vary not only amongst the Lots but also will be heavily influenced by availability of grant and other external funding which will directly impact on Grampian’s building programme .

3 Conditions for Participation

3.1

Minimum standards and qualification required

Applicants must demonstrate that they have the resources necessary to meet the requirement for carrying out work under any awarded Framework Agreement, that they have the resources to manage and supervise the work and that they have proven ability in the relevant type of work for each Lot applied for. Applicants tendering for any Framework Agreement must employ adequate resources and be able to satisfy Grampian as to the Essential Criteria in Part 4 of the Association’s Tender Submission Form.

4 Administrative Information

4.1

Type of Procedure

Single stage – Any candidate may submit a tender.

4.2

Reference number attributed to the notice by the contracting authority

N/a

4.3

Time Limits

a) Time-limit for obtaining documentation 11-05-2015

b) Time-limit for receipt of completed tenders
22-05-2015  Time  12:00

c) Estimated award date 12-06-2015

4.5

Language or languages in which tenders or requests to participate can be drawn up

EN

4.6

Tender Submission Postbox

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx

5 Other Information

5.1

Additional Information

Grampian expects successful applicants to provide training seminars for each of the four contract Lots. Consultants must be willing to provide (at no extra cost to Grampian) training seminars to Grampian staff on agreed topics, up to a maximum of six sessions per annum.

Appointments will be made for an intial period of three years with an option to extend for a further two years.

All appointments will be subject to the applicant being admitted to the Association’s Approved Suppliers List and satisfactory checks forming part of admission to that list.

Applicants applying for multiple Lots must create a copy of the tender document and complete same for each Lot and ensure it is specified which Lot each copy relates to at the top of page one. Please also indicate clearly if applicants are applying for sub-categories of any of the Lots and not the whole Lot.

(SC Ref:342423)

5.2

Additional Documentation

Copy of Copy of Grampian Group – Legal Services Tender Submission – Jan 2015

5.3

Publication date of this notice

17-04-2015

Express an interest online

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