Midland Heart Legal Services Framework Agreement

Midland Heart Legal Services Framework Agreement

A collaborative framework agreement for use by local authorities and housing providers in the Midlands conurbation for Legal Services.

United Kingdom-Birmingham: Legal services

2015/S 232-422196

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

Midland Heart Limited
20 Bath Row
For the attention of: Mr John Thompson
B15 1LZ Birmingham
Telephone: +44 1922426777
E-mail: procurement@whgrp.co.uk

Internet address(es):

General address of the contracting authority: https://www.whg.uk.com

Address of the buyer profile: https://www.whg.uk.com/supplier-information

Electronic access to information: https://procontract.due-north.com/Register

Electronic submission of tenders and requests to participate: https://procontract.due-north.com/Register

Further information can be obtained from: Midland Heart Limited
20 Bath Row
For the attention of: Mr John Thompson
B15 1LZ Birmingham
Telephone: +44 1922426777
E-mail: procurement@whgrp.co.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Midland Heart Limited
20 Bath Row
For the attention of: Mr John Thompson
B15 1LZ Birmingham
Telephone: +44 1922426777
E-mail: procurement@whgrp.co.uk

Tenders or requests to participate must be sent to: Walsall Housing Group
100 Hatherton Street
WS1 1AB Walsall

I.2)Type of the contracting authority

Body governed by public law

I.3)Main activity

Housing and community amenities

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

See section II.2.1

Section II: Object of the contract


II.1.1)Title attributed to the contract by the contracting authority:

Legal Services Framework Agreement.

II.1.2)Type of contract and location of works, place of delivery or of performance

Service category No 21: Legal services


II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 28

Duration of the framework agreement

Duration in years: 4

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 10 000 000 and 40 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

Walsall Housing Group and Midland Heart (The Partners) are acting as a Joint Contracting Authority is letting a collaborative framework agreement for use by local authorities and housing providers in the Midlands conurbation for Legal Services.

II.1.6)Common procurement vocabulary (CPV)


II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The successful contractor(s) must be able to show a commitment to providing effective services that provide value for money. The proposed initial contract period will be for 2 years commencing on or about the 1.7.2016 and with the option for an extension to this initial period for a period of up to a further 2 years all subject to provisions for earlier termination including a break clause and annual renewals based on meeting and maintaining Key Performance Indicators.
The Partners reserve the right to withdraw from this procurement procedure at any-time without awarding a contract. The Partners shall not be liable for and will not pay any costs in respect of the preparation of any application and tender submission of any applicant or bidder whether they are successful or unsuccessful and all applicants and bidders are to be responsible for all of the costs and expenses they incur as a result of participating in this procurement process, irrespective of whether the procedure is completed or is abandoned without any appointment. An applicant shall be deemed to have unequivocally accepted this as a condition precedent to participation in this procurement process.
The Lots.
Lot 1 — Governance, Corporate, Regulatory and Statutory.
Group and sector structures; mergers and acquisitions and related lender and regulatory consents; corporate protection; corporate governance; existing and emerging regulatory requirements (FCA, ICO, CQC, HCA, OFT); statutory advice and guidance in relation to data protection; company law; industrial & provident societies legislation; charity law; consumer credit and other licences including finance and other lending licences.. . Advice on setting up social enterprises/shared services operations. Advising on new business ventures, investment etc, including related due diligence. Related litigation and dispute resolution. General advice and training.
Lot 2 — Treasury and Finance.
Advice on existing and new facilities and changes to existing facilities and negotiation of associated documentation. Advice on capital market issues JVs and other forms of diversification, corporate banking and finance related matters. Taxation including VAT. Related litigation and dispute resolution. General advice and training.
Lot 3 — Securitisation.
Cost effective securitisation advice and support to ensure timely action to put properties into charge and take properties out of charge in line with securitisation plans. Advice on section 106 and mortgagee in possession provisions. Related litigation and dispute resolution. General advice and training.
Lot 4 — Homelessness, Housing Management, Home Ownership, Asset Management.
Statutory homeless decisions and advice.
Advice on allocations including nomination and CBL agreements.
Tenancy agreement advice including general needs, supported tenancies/licences and other tenures including leasehold. Advice on policies (tenancy, lettings, repairs etc).
ASB (injunctions, orders, and possessions); demotions; mutual exchange; disrepair dispute resolution; tenancy and leasehold possession/forfeiture and enforcement proceedings; service charge dispute resolution including tribunal representation; debt recovery; gas servicing access actions; trespasser abandonment actions; management & service charge queries; Supported Housing matters; advice on a range of legal issues arising from agency managed schemes; ombudsman complaints.
Rent to Home Buy; Intermediate Market Rent; market rent advice and dispute resolution.
Asset management advice and dispute resolution.
Health & Safety advice and dispute resolution.
Other related litigation and dispute resolution.
General advice and training.
Lot 5 — Property, Development, Construction
Site acquisitions and disposals; site set up; plot sales; joint venture agreements; planning agreements and obligations including Section 106; Section 38 & 104 agreements.
All aspects of land & property conveyancing including planning; building licences; shared equity, part exchange; covenants and restrictions; easements; rights of way; party walls; boundary rectification; auction packs; deeds of surrender and statutory declarations.
Construction law including framework agreements; consultant appointment letters; JCT (including amendments) and other building contracts; warranties; performance bonds.
Shared ownership schemes to include site set up and lease sales; staircasing including transfer of property on final tranche and shared ownership re-sales; rent to buy extra care site set up; extra care shared ownership lease sales; repurchase of repossessed shared ownership properties (Lenders repossessions, Buy backs).
Residential and Right to Buy leasehold work including drafting leases, deeds of variation/rectification; lease advice and leasehold management queries; lease extensions; lease surrender and re-grants; injunctions for lease breaches; tribunal and court representation re breach of lease.
Commercial Leasehold work including for Care and Support property arrangements; drafting leases; advising on the security of tenure provisions of the 1954 Act; serving notices (including break notices); advising on and drafting licences and agreements to assign, sublet etc; drafting deeds of variation/ rectification, lease extensions and lease surrender and re- grants; injunctions for lease breaches; tribunal and court representation re breach of lease.
(Voluntary) Right to Buy and Right to Acquire conveyancing.
Disposals including stock rationalisation;; advice on and completion of s172 Housing & Regeneration Act applications and other similar applications to dispose.
Related litigation and dispute resolution. General advice and training.
Lot 6 — Employment, TUPE and Pensions.
Employment issues including the practical application of legislation changes and changes in case law, employment contracts, dispute resolution (including tribunals); settlement agreements; fraud; discrimination etc.
The application of TUPE (in particular risks in relation to new business wins and contracts which are lost) and service provision changes. Pensions advice and guidance (including advice related to new business take-ons including advice on LGPS Admission Agreement and Directions Status pension risks and liabilities). Training updates on legislation and general advice where necessary. Related litigation and dispute resolution including representation at Tribunals.
Lot 7 — Contracts, Commercial, Procurement, Health and Safety.
Procurement law, including EU procurement and Procurement Contracts.
Advice on and negotiation and termination of contracts; commercial and partnering agreements; Service level agreements. Care and support contracts (particularly those with NHS bodies and local authorities). Advice regarding set up and termination of agency managed schemes, Health and Social Care Regulation.
Health and safety law and management of H&S risk.
Related litigation and dispute resolution.
Other contracting authorities — The Partners are undertaking this process on behalf of themselves and any current or future subsidiary of The Partners and the following other contracting authorities (and their statutory successors and organisations created as a result of re-organisation or organisational changes):
Local Authorities of:
Nuneaton and Bedworth
Cannock Chase
Wyre Forest
South Staffordshire
North Warwickshire
Housing Providers:
20-20 Housing Co-operative
Evesham and Pershore Housing Association
Salvation Army Housing Association
Accent Foundation
Family Housing Association (part of WM)
Sambourne Trust
Friendship Care and Housing
Sanctuary Housing Association
Adullam Homes Housing Association
Frontis Homes
Shahjalal Housing Co-operative (part of Accord)
Advance Housing & Support
Fry Housing Trust (part of Accord)
Small Heath Park Housing Co-operative
Affinity Sutton
Glover’s Trust
Solihull Care Housing
Anchor Trust
South Road Housing Co-operative
Arena Housing Group
Habinteg Housing Association
South Staffordshire Housing
Ashram Housing Association (part of Accord)
Hanover Housing Association
Spa Housing (part of Festival/Fortis Living)
Balsall Heath Housing Co-operative
Heantun Housing Association (part of Accord)
St Basil’s
Aspire Housing
First Wessex Housing Association
Shropshire Housing Group
Bedfordshire Pilgrims Housing Association
Hibiscus Housing Association
St Peters Saltley Housing Association
Birch & Samson United Charities
Holmwood Tenants Co-operative
St Vincent’s Housing Association
Birmingham Civic Housing Association
Home Group Limited
Starley Housing Co-operative
Birnbeck Housing Association
Housing 21
Tamworth Cornerstone Housing
Black Country Housing Group
Jephson Homes
Teachers’ Housing Association
Bordesley Green Housing Co-operative
Leicester Housing Association (part of ASRA)
The Abbeyfield Society
Bournville Village Trust
Lench’s Trust
The Berrow Cottage Homes
Bournville Works Housing Society
Masonic Housing Association
The Hopkins & Sneyd Almshouse Charity
Broadening Choices for Older People
Mercian Housing Association (part of Circle)
The James Charities
Methodist Homes Housing Association
The Municipal Charities of Stratford-upon-Avon
Bromsgrove District Housing Trust
Metropolitan Housing Trust
The Riverside Group
Bromsgrove United Charities
Midland Heart
Triangle Housing Co-operative
Caldmore Housing (part of Accord)
Moseley and District (part of Accord)
Castle Vale Community Housing Association
Nacro Community Enterprises
Trinity Housing
Central and Cecil Housing Trust
Nehemiah United Churches Housing Association
Victoria Tenants Co-operative
Christian Alliance Housing Assocition
New Linx Housing Trust
Viridian Housing
Churches Housing Assoc of Dudley & District
New Outlook Housing Association
Warwickshire Rural Housing Association
Claverdon Benefice Housing Association
Nexus (part of WM)
Waterloo Housing Association
Cornfield Housing Society
Nicholas Chamberlaine’s Hospital & Sermon Charity
Coventry & Warwickshire YMCA
Optima Community Association (part of WM)
West Mercia Homes (WM Group)
Coventry Church (Municipal) Charities
Derwent Housing Association
Paddock Housing Co-operative
Whitefriars Housing (part of WM)
Places for People Homes
WM Housing Group
East Midlands Housing Association
Progress Care Housing Association
Worcester Community Housing
Elgar Housing Association
Raglan Housing
Wyre Forest Community Housing
Elim Housing Association
Redditch Friends Housing Association
Yardley Great Trust
Elizabeth Dowell’s Trust
Redditch Young Men’s Christian Association
Equity Housing
Rooftop Homes.

II.2.2)Information about options

Options: yes
Description of these options: The contract will be subject to regular performance reviews. The contract will be extendible at The Partners sole discretion on an annual basis after the first 2 years for up to a further 2 years. In any event year on year continuance of the contract from the commencement will be dependent on satisfactory performance by the Contractor. The contract will also contain a break provision that may be exercised by the contracting authority subject to the giving of the period of notice stipulated in the contract. The Partners reserve the right to consider the option at some stage during the contract period to possibly remove certain elements from the scope of the services contract and to have this work undertaken directly by The Partners.
Provisional timetable for recourse to these options:
in days: 0 (from the award of the contract)

II.2.3)Information about renewals

This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The successful bidders will be required to comply with Key Performance Indicators and clearly defined Customer service standards in the delivery of the services and against which the performance of the contractor will be judged. Compliance with Key Performance Indicators and Customer Service Standards will be instrumental in the decision whether to annually renew the contract.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

III.2.2)Economic and financial ability

Minimum level(s) of standards possibly required: Minimum Turnover of £10 Million per annum in the most recent years audited accounts. A risk based financial score will also be calculated for each contractor based on the following information — (0 being incomplete & high risk, 5 being complete and low risk) by scoring the following areas — Net current liabilitiesFalls in turnoverGross profit marginLiquidated assetsOverdraftLoan Tax/VAT liability CCJs Interest CoverOperating profit marginAny supplier scoring 0 or 1 will be classed as high risk and excluded from the process on this basis.Insurance: The Partners will require the following levels of insurance: Professional Indemnity £25 Million GBP; Employers Liability £10 Million GBP; Public Liability £5 Million GBPSRA number must be providedLot 4 only — This Framework Agreement has a geographical coverage perimeter that incorporates Milton Keynes, Nottingham, Leicester, Stoke on Trent and Hereford. This lot has a requirement for emergency court applications and witness statements which would require attendance at any of these geographical areas by the Service Provider within 2 ½ hours of request. Please confirm that you are able to attend a property/court in all of these areas within 2 ½ hours of request without the use of agents.You will be asked to confirm that you can meet this minimum requirement at PQQ stage. If the bidder has had any professional negligence claims which involved notification to insurers or other regulatory bodies in the last 3 years and they are unable to evidence appropriate remedial actions have been put in place to avoid this happening in the future, then they will be excluded from the procurement process.

III.2.3)Technical capacity

Minimum level(s) of standards possibly required:
Lexcel or ISO9001 accreditation.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure


IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 5: and maximum number 28
Objective criteria for choosing the limited number of candidates: Objective criteria for choosing the limited number of candidates who will be invited to tender: The highest scores at Pre Qualification Questionnaire stage will determine the suppliers which will be invited to Invitation to Tender stage. If there is a natural break evident in the scores this will be used to select the number of suppliers to be invited per lot.Criteria for choosing the number of suppliers who will be shortlisted for award: The most economically advantageous tender scores will allocate the maximum number of bidders per lot. The maximum will be 4 however if a natural break is evident between the top 2 The Partners may appoint 2 per lot.

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no
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

Prior information notice

Notice number in the OJEU: 2015/S 125-229300 of 2.7.2015

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

15.1.2016 – 16:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up


IV.3.7)Minimum time frame during which the tenderer must maintain the tender

in days: 180 (from the date stated for receipt of tender)

IV.3.8)Conditions for opening of tenders

Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information

The Partners are committed to the deployment of e-tendering methodology. This tender process will be managed via our electronic tendering solution referred to as Due North Pro Contract.During the PQQ stage you will enter the Housing Procurement Portal (HPP) to register your organisation. The Partners use the Housing Procurement Portal for placing EU and non-EU public notices and facilitates the immediate publication of these notices on this procurement portal, giving suppliers instant access to tender opportunities. To Enter the HPP go to the main web address:https://www.housingprocurement.comPress on register free, on the next screen press the next button located at the bottom. Complete contact details as required (note sections with a red asterisk are mandatory) then press next.Complete contact details as required, also complete keywords (note that the key words you enter will help the system to automatically suggest contracts that become available).Complete any affiliations and your company classifications as required (note you can select more than 1) and press next. Press on search/select categories.Complete the search criteria and press search (note that the search criteria you enter will help the system to automatically suggest contracts that become available).Once the search criteria are returned tick any relevant codes and press select categories.The selected categories will then appear on the right hand side of the screen, you can now select more categories by repeating the above process or press finish at the bottom of the screen.You will then be presented with a screen with all of the categories you have selected showing. Press next.Due North require that in order to use their software you should tick to confirm that you have read the Privacy Notice and accept their Terms and Conditions of use. You may wish to seek advice (at your own cost) before accepting. Please note these are not The Partners’s Terms and Conditions which you will be required to accept during each tender process.You will are then check the details and press submit registration.You will are then need to press ok.Once registered you will then receive an email stating:Thank you for applying to become a user of the system.Your application is now being considered, and you should be informed of a decision shortly.Your application reference is ==> SID-UATT-8TNHBRThis email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.If you have received this email in error please notify the system manager.Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company.Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email.Your company will then be approved by the system administrator which may take up to 2 working days. Once accepted you will then receive 2 emails with your user name and password on. Once you have this please login to the system as show below. Go back to the web link above and press on the login icon. Enter YourUser Name: In this field you enter your unique username (Supplied by Due North via email). Password: In this field you enter your password, which in the case of a first time log in will be the system generated, random password sent in a separate e mail from your user name. This is Case Sensitive. Then once this has been done click on the Login ‘Login’ button to continue. This will go to the home page, however it has changed slightly from before, reflecting the fact that you are now logged in.As it is a first time log in the next screen is the password change screen that is required for security reasons, and so the password can be changed to something more memorable. Click on ‘Change Password’. This will open up the next Change Password screen.There are 3 fields that must be complete to move onto the next page.Current Password: In this field the current portal password is required.New Password: In this field the new password that is to be used with the account is specified. The password must be at least 8 digits long and contain both letters and numbers to be valid and to ensure account security.Confirm New Password: In this field the new password must be retyped, and it must match the password specified in the field above to be able to continue. Once all fields have been correctly completed then click on ‘Next’ from the options section to proceed. If all fields are correctly populated then the Change Password Confirmation screen will appearTo return to the supplier homepage from this screen then click on ‘OK’Please wait at least 1 hour before attempting to log back in otherwise you will lock your account and have to complete the process again.During the process all questions must be raised using the portal. The ability to ask questions is found in the Discussion section. This is located on the right hand side of the screen, and there are two sections within. The Question and Answer section is where questions are asked regarding the tender, and they will go to the member of staff that is working on this within the contracting organisation. To ask a question, click on the Question and Answer section title in the discussions section. This will open up the question and answer section, here any existing questions will show up along with any additional information that has been issued. To ask whg a question, click the ‘Ask Question’ button. Bidders must utilise the Due North system for communication with The Partners. Contacting The Partners Authorised Officer(s) directly through a work email address is not permitted, unless there is a technical issue with the Due North system. In this event please contact procurement@whgrp.co.uk.it is the responsibility of the Bidder to ensure that company information (e.g. email address of any representative / contact) is kept current to avoid any delay in processing changes.Bidders must treat all documents and all details contained therein, as private and confidential. Any attachments are intended solely for the recipient or entity to which they are addressed and are confidential in nature. If you have received this in error, please contact: procurement@whgrp.co.uk and then delete any copies you may have. The Partners do not bind themselves to accept the lowest or any tender and will not be responsible for, or pay any expenses incurred by the Bidder in the preparation of this tender.Whilst The Partners will use reasonable endeavours to see that all information given to Bidders is both truthful and accurate, The Partners in no way warrants the same and Bidders must satisfy themselves as to the accuracy of any information provided by The Partners. The Partners accept no responsibility or liability whatsoever for any loss or damage of whatever kind and howsoever caused arising from or in consequence of the use by Bidders of such information.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Royal Courts of Justice
WS2A 2LL London
Telephone: +44 2079476000

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:


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