Legal Services Framework Agreement for Homes and Communities Agency

Legal Services Framework Agreement for Homes and Communities Agency

The Homes and Communities Agency (HCA) is seeking to procure a framework agreement of legal firms to support the HCA’s Programme and Regulation acitivities in England.

United Kingdom-Bedford: Legal services

2013/S 231-401350

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Homes and Communities Agency
Woodlands, Manton Lane, Manton Industrial Estate
Contact point(s): Abigail Brennan, Catherine Talbot
MK41 7LW Bedford
UNITED KINGDOM
Telephone: +44 3001234500
E-mail: legalservicestender@hca.gsi.gov.uk

Internet address(es):

General address of the contracting authority: www.homesandcommunities.co.uk

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

National or federal agency/office
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: no

Section II: Object of the contract

II.1)Description
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

Services
Service category No 21: Legal services
NUTS code
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: 12
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: 40 000 000 GBP

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

Legal services. Legal advisory and representation services. Legal advisory services. Legal representation services. The Homes and Communities Agency (HCA) is seeking to procure a framework agreement of legal firms to support the HCA’s Programme and Regulation acitivities in England. The framework will consist of two lots – Lot 1, Programmes and Lot 2, Regulation.
All firms appointed to the framework must be capable of providing a full legal service, including but not limited, the following areas of work to enable HCA to deliver its remit.
Lot 1- Programmes
This lot will be between 5 and 7 firms providing the following services:
1. Housing including but not limited to Affordable/Social Housing
2. Property including Property Finance, Landlord and Tenant and Regeneration
3. Procurement and State Aid
4. Commercial law including Banking, Venture Capital, Loan Finance, Restructuring and Insolvency
5. Company law, including SPVs, Joint Ventures, Funding Agreements and Company Secretarial
6. Planning and Environmental law, including CPO
7. Intellectual Property, including Contracts, Data Protection and FOI
8. Development, Construction and Infrastructure
9. Finance and Taxation
10. Public/Administrative law
11. Litigation
12. Charity law
Lot 2 – Regulation
This lot will be between 3 to 5 firms providing the following services:
1. Public / Administrative Law and Regulatory Law
2. Charity Law
3. Company/Commercial
4. Restructuring and Insolvency
II.1.6)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000

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

The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots

This contract is divided into lots: yes
Tenders may be submitted for one or more lots
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:

It is envisaged that approximately 3 000 instructions will be issued annually, with individual instructions ranging from 500 GBP to over 100 000 GBP with the majority well below 100 000 GBP.
Estimated value excluding VAT: 40 000 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: In exceptional circumstances, where the HCA deems it appropriate, for specifica call-offs the Regulation Lot may be used instead of the Programmes lot and vice versa.
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Duration in months: 48 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: Legal Services framework Agreement – Programmes

1)Short description

This lot will be between 5 and 7 firms providing the following services:
1. Housing including but not limited to Affordable/Social Housing
2. Property including Property Finance, Landlord and Tenant and Regeneration
3. Procurement and State Aid
4. Commercial law including Banking, Venture Capital, Loan Finance, Restructuring and Insolvency
5. Company law, including SPVs, Joint Ventures, Funding Agreements and Company Secretarial
6. Planning and Environmental law, including CPO
7. Intellectual Property, including Contracts, Data Protection and FOI
8. Development, Construction and Infrastructure
9. Finance and Taxation
10. Public/Administrative law
11. Litigation
12. Charity law
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Lot No: 2 Lot title: Legal Services Framework Agreement – Regulation

1)Short description

This lot wioll be between 3 and 5 firms providing the following services:
1. Public / Administrative Law and Regulatory Law
2. Charity Law
3. Company/Commercial
4. Restructuring and Insolvency
2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:

Refer to Memorandum of Information (MoI) and Pre-Qualification Questionnaire (PQQ)
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Refer to MoI and PQQ.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Refer to MoI and PQQ.
III.1.4)Other particular conditions
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Refer to MoI and PQQ.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Refer to MoI and PQQ.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Refer to MoI and PQQ.
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: yes
Reference to the relevant law, regulation or administrative provision: Legal profession
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: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure

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

Envisaged minimum number 19: and maximum number 27
Objective criteria for choosing the limited number of candidates: Refer to MoI.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
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
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:

HCAE14089
IV.3.2)Previous publication(s) concerning the same contract

no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate

3.1.2014 – 17:00
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

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

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 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, and the contract will be awarded on the basis of the most economically advantageous tender.Note that the time and date at IV.3.4 is the date for return of completed PQQs. PQQs to be requested via the above email address.
The address given at I.1 will be changing during the tender process with the closure of the HCA’s Milton Keynes office and the opening of the new office in Bedford on 2 January 2014. The address for the new office is Woodlands, Manton Lane, Manton Industrial Estate, Bedford MK41 7LW. All other contact details remain the same. Submission Instructions for the return of completed PQQs are set out in the MoI.
The numbers to invited to tender at IV.1.2 covers both lots.
All discussions, meetings and communications will be conducted in English.
The contract will be subject to English law. Tenders and all supporting documents must be priced in
GBP and all payments under the contract will be made in GBP.
This procurement and award is subject to the transparency arrangements being adopted by the UK Government. These arrangements include the publication of tender documentation issued by the HCA and the contract between the HCA and supplier. Bidders should highlight any areas they consider commercially sensitive in order for the HCA to be able to honour our transparency obligations without undermining the bidders commercial interests.
Candidates are advised that the HCA is subject to the Freedom of Information Act 2000 (‘The Act’). If a candidate considers that any of the information supplied as part of this procurement procedure should not be disclosed because of its commercial sensitivity, confidential or otherwise, they must, when providing this information, clearly identify the specific information they do not wish to be disclosed and clearly specify the reasons for its sensitivity. The HCA shall take such statements into consideration in the event that it receives a request pursuant to the Act which relates to the information provided by the interested party. Please note, it is insufficient to include a statement of confidentiality encompassing all the information provided in the response.
The HCA takes a zero-tolerance approach to bribery and corruption and sets high standards of impartiality, integrity and objectivity in relation to the stewardship of public funds and the management of its activities. The principles contained within this policy apply to both internal and external audiences, including anyone wishing to undertake business or engage with the HCA. Please refer to our Anti-bribery and Corruption Policy by visiting http://www.homesandcommunities.co.uk/ethical-policies for further information.

The HCA’s offices are closed between 24.12.2013 and 1.1.2014. Any request for information or tender documentation sent during this period will not be responded to before 2.1.2014.
All dates included in this notice are provisional and potentially subject to revision.
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=81053236

GO Reference: GO-20131125-PRO-5289977

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Homes and Communities Agency
St Georges House, Kingsway
NE11 0NA Team valley, Gateshead
UNITED KINGDOM
Telephone: +44 3001234500

Body responsible for mediation procedures

Homes and Communities Agency
St Georges House, Kingsway
NE11 0NA Team Valley, Gateshead
UNITED KINGDOM
Telephone: +44 3001234500

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Precise information on deadline(s) for lodging appeals: The contracting authority will incorporate a minimum of 10 calendar days standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to consider the decision and highlight any errors in the award process. Such appeals should be addressed to the contact in I.1. If an appeal regarding the award of a contract has not been successfully resolved, Public Contracts Regulations 2006 (SI 2006 No. 5) and any amendments thereon provide for aggrieved parties to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly and the intention to take action brought to the attention of the contracting authority to enable suspension of award proceedings.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:25.11.2013