Peabody Trust Legal Services Tender

7 Lots. Lot 1 – Asset Management and Property. Lot 2 – Development and Construction.

United Kingdom-London: Legal services

2018/S 135-308391

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Peabody Trust
45 Westminster Bridge Road
London
SE1 7JB
United Kingdom
Contact person: Reena Nijjar
Telephone: +44 7715634164
E-mail: reena.nijjar@peabody.org.uk
NUTS code: UKIInternet address(es):Main address: www.peabody.org.ukAddress of the buyer profile: www.delta-esourcing.co.uk

I.2)Information about joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: http://www.delta-esourcing.com/tenders/UK-UK-London:-Legal-services./X25N9NW76M

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

Body governed by public law

I.5)Main activity

Housing and community amenities

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Legal Services

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Peabody Trust and the other members of its group merged with the Family Mosaic Housing group in June 2017. The new organisation has 111 000 residents and 8 000 care and support customers. The new organisation is aiming to put the most vulnerable first, create great places at scale where people want to live, and build resilience in people and communities. Priorities include delivering good and reliable services to our customers, building 2,500 new homes each year by 2021 and taking the next steps in the regeneration of Thamesmead, London’s new town. Peabody Trust is seeking to appoint a number of legal providers to enter into Call-Off agreements to provide advisory services in one or more specified Lots for Legal Services. This procurement is anticipated to cover almost all of the newly merged Peabody Trust’s requirement for legal services over the 4 years from 2019 – 2022.

II.1.5)Estimated total value

Value excluding VAT: 16 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes

Tenders may be submitted for all lots

The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

Lot 1 – Asset Management and Property

Lot 2 – Development and Construction

Lot 3 – Corporate, Commercial and Governance

Lot 4 – Corporate Finance and Treasury

Lot 5 – Residential Conveyancing

Lot 6 – Care and Support

Lot 7 – Major Contract / Commercial Disputes

II.2)Description

II.2.1)Title:

Asset Management and Property

Lot No: 1

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKI

Main site or place of performance:

LONDON

II.2.4)Description of the procurement:

Lot 1 – Asset Management and Property

— Landlord and Tenant — Service charge

— Commercial Property — General

— Rights of First Refusal

— Property matters including party walls, boundaries, easements and way-leaves

— Security Charging work

— Related dispute resolution

— Environmental law

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: 4 500 000.00 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.2.9)Information about the limits on the number of candidates to be invited

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:

Development and Construction

Lot No: 2

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKI

Main site or place of performance:

LONDON

II.2.4)Description of the procurement:

Lot 2 – Development and Construction

— Site acquisitions and title verification work,

— Development Agreements,

— Planning, including Section 106 agreements,

— Planning litigation and dispute work,

— Construction law related advice including JCT Building contracts, licenses, performance bonds, appointments and warranties,

— Environmental issues,

— Infrastructure agreements e.g. Section 38. 104 and 287 agreements,

— Building licences / leases,

— Novation agreements,

— Construction Joint Ventures,

— Drafting of / advice on construction contract conditions including but not limited to the common forms of building / engineering contracts,

— Advice relating to construction contractual disputes,

— Guidance on legal developments, such as new legislation and their impact (e.g. Construction Act 2010),

— Advice (including the drafting of relevant provisions) on such other matters as consultant appointments, etc,

— Related dispute resolution.

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: 3 500 000.00 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.2.9)Information about the limits on the number of candidates to be invited

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:

Corporate, Commercial and Governance

Lot No: 3

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKI

Main site or place of performance:

LONDON

II.2.4)Description of the procurement:

Lot 3 – Corporate, Commercial and Governance

— Group Structure, Governance, Charity Law and Policy,

— Community Investment activities, Fundraising,

— Mergers and Acquisitions and related due diligence,

— Regulatory issues,

— Health and Safety law and procedure, including corporate responsibility,

— Company Secretarial matters,

— General Contracts and commercial law,

— ICT Contracts,

— Services Contracts,

— Employment and Pensions (including TUPE issues),

— Employment contracts and disputes (including tribunal claims and settlement agreements),

— Tax advice, including (but not limited to) VAT and Stamp Duty Land Tax,

— Intellectual Property and Data Protection,

— Company, Charity and Industrial and Provident Society law, regulation and best practice,

— Compliance with relevant EU Directives and UK legislation/regulations relating to procurement including:

OPQQ drafting / evaluation

OITT drafting / evaluation

— Unsuccessful Application / Bidder feedback and matters arising therefrom such as the Remedies Directive 2009,

— Fraud,

— Shared services advice,

— Related dispute resolution.

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: 2 500 000.00 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.2.9)Information about the limits on the number of candidates to be invited

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:

Corporate Finance and Treasury

Lot No: 4

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKI

Main site or place of performance:

LONDON

II.2.4)Description of the procurement:

Lot 4 – Corporate Finance and Treasury

— Financing including those sourced from banks, the capital markets, private placement, any form of private equity and inter-company loans,

— On-lending arrangements,

— Loan security,

— Advice on launching new product services such as mortgage products, affordable rent products etc,

— Consumer Credit Licences.

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: 1 000 000.00 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.2.9)Information about the limits on the number of candidates to be invited

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:

Residential Conveyancing

Lot No: 5

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKI

Main site or place of performance:

LONDON

II.2.4)Description of the procurement:

Lot 5 – Residential Conveyancing

— Development Plot Sales – freehold and leasehold, including shared ownership,

— Shared ownership stair-casing,

— Non-development related residential sales and acquisitions (freehold and leasehold),

— Leasehold Management (inc. statutory notices),

— Right to Manage,

— Enfranchisement.

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: 2 000 000.00 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.2.9)Information about the limits on the number of candidates to be invited

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:

Care and Support

Lot No: 6

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKI

Main site or place of performance:

LONDON

II.2.4)Description of the procurement:

Lot 6 – Care and Support

— Care and Support contracts with Local Authorities and other commissioners,

— Regulatory advice for Health and Social Care activities,

— Contract management within Health and Social Care,

— Subcontracting arrangements,

— Related Procurement advice,

— Related Disputes advice.

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: 1 500 000.00 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.2.9)Information about the limits on the number of candidates to be invited

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:

Major Contract / Commercial Disputes

Lot No: 7

II.2.2)Additional CPV code(s)

79100000

II.2.3)Place of performance

NUTS code: UKI

Main site or place of performance:

LONDON

II.2.4)Description of the procurement:

Lot 7 – Major Contract / Commercial Disputes

— Major Contract / Commercial Disputes, particularly as they relate to development agreements and long-term maintenance and asset management contracts

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: 1 000 000.00 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.2.9)Information about the limits on the number of candidates to be invited

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

Selection criteria as stated in the procurement documents

III.1.3)Technical and professional ability

Selection criteria as stated 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:

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

Restricted 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: 15/08/2018

Local time: 17:00

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

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes

Estimated timing for further notices to be published:

2022

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.This procurement is being conducted by Peabody Trust on behalf of itself and all present and future members of the Peabody Group, including Peabody South East Limited, Family Mosaic Home Ownership Limited, Peabody Services Limited, Family Mosaic Housing Services Limited, Peabody Enterprises Limited, Charlton Triangle Homes Limited, Peabody Community Foundation, Peabody Land Limited and Peabody Group Maintenance Limited, as well as any successor body of any of the organisations listed, and any subsidiary, subsidiary undertaking, holding company and / or associate (from time to time) of the aforementioned entities.

The partner may be required to actively participate in the achievement of social and / or environmental policy objectives relating to recruitment and training and supply-chain initiatives. Accordingly contract performance conditions may relate to social and environmental considerations.

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

https://www.delta-esourcing.com/tenders/UK-UK-London:-Legal-services./X25N9NW76M

To respond to this opportunity, please click here:

https://www.delta-esourcing.com/respond/X25N9NW76M

GO Reference: GO-2018713-PRO-12795460

VI.4)Procedures for review

VI.4.1)Review body

High Courts of Justice of The Royal Court of Justice
The Strand
London
WC2A 2LL
United Kingdom

VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

In accordance with Regulation 86 (Notices of decisions to award a contract or conclude a framework agreement); regulation 87 (Standstill period) and the other relevant provisions of the Public Contracts Regulations 2015, following any decision to award a contract or contracts the contracting authority will be providing debriefing information to unsuccessful bidders and observe a minimum 10 day standstill period before the contracts are entered into.

Peabody reserves the right not to award the opportunity or to award only part (or a different arrangement) of the opportunity described in this Notice.

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

13/07/2018