Legal Services Tender Hertfordshire

Legal Services Tender Hertfordshire

The purpose of the ITT stage is to enable NHH to assess potential suppliers against its detailed requirements for Legal Services in order to evaluate each Tender Response.

United Kingdom-Letchworth: Legal services

2013/S 230-399516

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

North Hertfordshire Homes
Rowan House, Avenue One, Letchworth Garden City
For the attention of: Simon Callier
SG6 2WW Letchworth
UNITED KINGDOM
Telephone: +44 1462704197
E-mail: simon.callier@nhh.org.uk
Fax: +44 1462704197

Internet address(es):

General address of the contracting authority: www.nhh.org.uk

Address of the buyer profile: http://www.mytenders.org/search/Search_AuthProfile.aspx?ID=AA0982

Electronic access to information: https://supplyhertfordshire.g2b.info

Electronic submission of tenders and requests to participate: https://supplyhertfordshire.g2b.info

Further information can be obtained from: North Hertfordshire Homes
Rowan House, Avenue One, Letchworth Garden City
SG6 2WW Letchworth
UNITED KINGDOM
Telephone: +44 1462704100
E-mail: simon.callier@nhh.org.uk
Fax: +44 1462704190
Internet address: www.nhh.org.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: North Hertfordhsire Housing
UNITED KINGDOM
Internet address: https://supplyhertfordshire.g2b.info

Tenders or requests to participate must be sent to: North Hertfordhsire Housing
UNITED KINGDOM
Internet address: https://supplyhertfordshire.g2b.info

I.2)Type of the contracting authority

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

Services
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Hertfordshire.
NUTS code UKH23

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

The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)

The purpose of the ITT stage is to enable NHH to assess potential suppliers against its detailed requirements for Legal Services in order to evaluate each Tender Response. The ITT should provide sufficient information about NHH and the specific contract requirements to enable potential suppliers to compile a comprehensive Tender Response that meets the requirements described.
NOTE: To register your interest in this notice and obtain any additional information please visit the myTenders Web Site at http://www.myTenders.org/Search/Search_Switch.aspx?ID=110629

II.1.6)Common procurement vocabulary (CPV)

79100000

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: no
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:

26.0 Lot 1 – Development Services
26.1 Site Acquisition & Disposals – Advice on all matters relating to the transfer of land and buildings, including related planning, construction contracts, appointments and other issues.
26.2 Assist the Development Team in its negotiation and drafting of legally binding contracts between Developers, Contractors and all others providing a service.
26.3 Site Re-developments/Property Development – Advise on developments and the provision of Reports on Title and the issuing of Certificates of Title. Registration of new charge at Land Registry.
26.4 Liaise with funder’s solicitor on storage of deeds.
26.5 Provide title numbers and storage information within 6 weeks.
26.6 Draft, negotiate and agree the project development agreements and/or contracts and ancillary documents.
26.7 Liaise (to include attendance at meetings) with NHH Development Teams and others as appropriate, regarding the development of project documentation.
26.8 Environmental, Building Regulations & Planning matters to include S106 Agreements – Advice on all environmental issues likely to affect NHH, for example in relation to contaminated land, watercourses and redevelopment of brownfield sites.
26.9 Advice on all planning issues likely to affect NHH, for example in relation to planning applications and appeals, listed buildings and local development plans.
26.10 Construction Contracts, collateral and environmental warranties, performance bonds and Parent Company Guarantees.
26.11 Charging and Security Work
a. Liaise with NHH at all times to discuss the appropriate level required.
b. Carry out due diligence thoroughly.
c. Review Certificate of Title and liaise with NHH to determine the level of detail contained within the certificate prior to negotiations with funder’s solicitor. Agree final version and prepare final Certificate.
d. Provide advice on charging issues that result in the most cost effective solution.
e. Liaise with funders solicitor on wording and schedules required.
f. Liaise with valuer when necessary
g. Liaise with NHH on progress and keep informed of budget.
h. Provide advice to NHH.
i. Review and advise on loan documentation.
26.12 Provide support and advice to assist in the resolution of any issues which may arise.
27.0 Lot 2 – Sales, Leasehold Services, Commercial Property and Litigation Services
27.1 Provide advice on all land issues. Report on title and issue certificates on title. Draft and execute property leases and under-leases. Advise on and assist with all property negotiations. Advice on the granting and taking of leases and licences to use land and buildings, including commercial business leases and all Landlord and Tenant related matters.
27.2 Right to Buy (RTB) and Right to Acquire (RTA) Including instruction to create a new Lease or Transfer, liaison with purchaser’s solicitors and to accounting following completion of sale.
27.3 Staircasing of Shared Ownership Leases Including full, interim and back to back staircasing. Liaison with solicitors, preparation and submission of all necessary paperwork, checking and submitting for signature. Checking and collecting any liabilities due to NHH and accounting following completion of sale.
27.4 Surrender Lease: surrendering existing leases and creating assignable lease out of the surrender.
27.5 Advice on disposals in particular how to deal with various restrictions on title and issues relating to protocol agreements.
27.6 Leasehold enfranchisements or
27.7 Advice on possible acquisitions and actual acquisitions.
27.8 Repossession: taking instruction to liaise with mortgagee in possession. Knowledge of mortgage protection clauses within lease. Checking and advising of amount of claim against mortgage protection clause. Preparation and submission of all documents in respect of same and accounting to NHH following completion.
27.9 Assist NHH in relation to all other types of property and related disputes and litigation.
27.10 Validity checking of legal notices.
27.11 Drafting/issuing of gas letters.
27.12 Preparation/service of notices.
27.13 General Housing Management issues.
27.14 Advice/assistance related to:
a. Tenancy agreements / leases;
b. Leasehold queries;
c. Service charges including consultation;
d. Landlord/tenant queries.
28.0 Lot 3 – Housing Management Services.
29.0 To provide legal advice and guidance regarding all landlord/tenant matters.
29.1 Possession claims.
29.2 All grounds for all tenancy/occupier types including straightforward rent arrears, Anti Social Behaviour/harassment/nuisance; succession disputes; obtaining tenancies by deception; removal of unlawful occupiers, sub tenants and squatters.
29.3 Demotions.
29.4 Advice on demotions as an alternative to possession.
29.5 Injunctions.
29.6 Obtain injunctions including anti social behaviour injunctions (both “without notice” and with Power of Arrest) and to secure access for gas safety inspections/servicing.
29.7 Anti Social Behaviour Orders (ASBO).
29.8 Apply for ASBO’s in both the County and Magistrates Court.
29.9 Disrepair-both in the County and Magistrates’ Court.
29.10 Defending claims against NHH for compensation.
29.11 All court work.
29.12 To involve preparation and submission of court papers and witness statements.
29.13 Advocacy at hearings and appeals and applying for enforcement of orders when instructed. All forms of debt recovery and forfeiture proceedings.
30.0 Lot 4 – Corporate and goverance services.
30.1 Advice on implications of codes of conduct and HCA.
30.2 Providing legal updates and keeping NHH informed of matters affecting the sector.
31.0 Lot 5 – Treasury services.
31.1 Provide advice to NHH on its powers to borrow and invest capital.
31.2 Negotiate where appropriate, with funder’s solicitor after obtaining client consent.
31.3 Review heads of terms in respect of new borrowing.
31.4 Provide advice on covenants contained within.
31.5 Review and advise on loan documentation.
Estimated value excluding VAT:
Range: between 500 000 and 600 000 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals

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

Duration in months: 24 (from the award of the contract)

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: no
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: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established.
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to provide a reference from their bank.
(2) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
(3) All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice.
(4) All candidates will be required to provide statements of accounts or extracts from those accounts relating to their business.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(1) A statement of the candidate’s average annual number of staff and managerial staff over the previous 3 years.
(2) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract;
(3) All candidates will be required to provide certification from an independent body attesting conformity to environmental management standards in accordance with the Community Eco-Management and Audit Scheme (EMAS); or the European standard BS EN ISO 14001.
(4) All candidates will be required to provide certification drawn up by an independent body attesting the compliance of the economic operator with quality assurance standards based on the relevant European standards.
(5) Samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so requests.
(6) A statement of the principal goods sold or services provided by the supplier or the services provider in the past 3 years, detailing the dates on which the goods were sold or the services provided; the consideration received; the identity of the person to whom the goods were sold or the services were provided.
(7) A check may be carried out by the contracting authority or by a competent official body of the State in which the candidate is established, to verify the technical capacity of the candidate; and if relevant, on the candidates study and research facilities and quality control measures.
(8) A statement of the candidate’s technical facilities; measures for ensuring quality; and their study and research facilities.
(9) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
(10) A statement of the technicians or technical services available to the candidate to carry out the work under the contract; or be involved in the production of goods or the provision of services under the contract; particularly those responsible for quality control, whether or not they are independent of the candidate.
(11) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract.
(12) A list of works carried out over the past 5 years, detailing the value of the consideration received; when and where the work or works were carried out; and whether they were carried out according to the rules of the trade or profession and properly completed.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular 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

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

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
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

9.1.2014 – 19:30
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

Duration in months: 3 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
VI.3)Additional information

(MT Ref:110629)
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
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:25.11.2013