Tender for Legal Advisory Panels

Tender for Legal Advisory Panels

Establishment of 1) Panel of Solicitors, 2) Panel of Valuers and 3) Panel of Dispute Valuers to advise residents/tenants/leaseholders and freeholders who have lived upon or have interest in the Gibbs Green and West Kensington Estates.

United Kingdom-London: Legal advisory and representation services

2013/S 151-262988

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

London Borough of Hammersmith and Fulham
Town Hall, King Street, Hammersmith
For the attention of: Michael Gallagher (Project Manager)
W6 9JU London
UNITED KINGDOM
Telephone: +44 2087483020
E-mail: michael.gallagher@lbhf.gov.uk

Internet address(es):

General address of the contracting authority: http://www.lbhf.gov.uk/

Electronic submission of tenders and requests to participate: http://londontenders.org/procontract

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

Regional or local authority
I.3)Main activity

General public services
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:

Establishment of 1) Panel of Solicitors, 2) Panel of Valuers and 3) Panel of Dispute Valuers to advise residents/tenants/leaseholders and freeholders who have lived upon or have interest in the Gibbs Green and West Kensington Estates – 760 homes – which will be demolished as part of the re-generation of Earls court area in London UK.
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 9: Accounting, auditing and bookkeeping services
Main site or location of works, place of delivery or of performance: Within the Borough of Hammersmith & Fulham.
NUTS code UKI1

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: 18
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 1 500 000 and 3 000 000 GBP

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

On 23 January 2013 the Council concluded a Conditional Land Sale Agreement (CLSA) with E C Properties Limited (the Buyer) and Earls Court Limited. The CLSA grants the Buyer an option to purchase land owned by the Council in the West Kensington and Gibbs Green estates, subject to the Buyer having provided suitable replacement accommodation. The CLSA contains detailed obligations on both parties as regards land assembly, and governing the standard and terms on which replacement accommodation is to be provided.
The CLSA deals, in detail, with the terms for purchasing the properties owned by leaseholders (Owners) and freeholders, and the basis on which replacement properties will be available to purchase, including compensation packages and financing incentives to be offered by the Council. It also sets out how the position of existing secure tenants will be protected by making sure that appropriate replacement dwellings are available. The CLSA has prepared a series of contracts for use in the various transactions which are proposed, including the grant of new secure tenancies, and these contracts have been agreed with solicitors representing the current residents and with the Buyer. Under the terms of the CLSA, and consistent with promises made to residents, the Council is obliged to create and maintain panels of professional representatives to assist current leaseholders, freeholders and secure tenants with these processes.
II.1.6)Common procurement vocabulary (CPV)

79110000, 98390000

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:

The estimated TOTAL value of drawdown expenditure for each panel is:
Solicitors Panel – GBP 1,520,000.
Valuers Panel – GBP 256,000.
Dispute Valuation Panel – GBP 127.500.
Estimated value excluding VAT:
Range: between 1 500 000 and 3 000 000 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: Range: between 3 and 4
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 48 (from the award of the contract)
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: Panel of Solicitors

1)Short description

A panel of independent legal advisors to offer legal advice to Leaseholders, Freeholders and Secure tenants with regard to their prospective entry into (and completion of) one of the purchase contracts.
2)Common procurement vocabulary (CPV)

79110000, 98390000

3)Quantity or scope

The estimated total value of drawdown expenditure for each panel is:
Solicitors Panel – GBP 1,520,000.
Estimated value excluding VAT:
Range: between 1 000 000 and 2 000 000 GBP
4)Indication about different date for duration of contract or starting/completion

Duration in months: 48 (from the award of the contract)
5)Additional information about lots
Lot No: 2 Lot title: Panel of Valuers

1)Short description

An independent panel of valuers to provide valuations for Leaseholders and Freeholders under the purchase contracts.
2)Common procurement vocabulary (CPV)

98390000

3)Quantity or scope

The estimated total value of drawdown expenditure for each panel is:
Valuers Panel – GBP 256,500.
Estimated value excluding VAT:
Range: between 200 000 and 350 000 GBP
4)Indication about different date for duration of contract or starting/completion

Duration in months: 48 (from the award of the contract)
5)Additional information about lots
Lot No: 3 Lot title: Panel of Dispute Valuers

1)Short description

An independent panel of valuers is established to resolve disputes in respect of valuations for Leaseholders and Freeholders under the purchase contracts.
2)Common procurement vocabulary (CPV)

98390000

3)Quantity or scope

The estimated TOTAL value of drawdown expenditure for each panel is:
Dispute Valuers Panel – GBP 127,500.
Estimated value excluding VAT:
Range: between 100 000 and 200 000 GBP
4)Indication about different date for duration of contract or starting/completion

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

The Contracting Authority reserves the right to require deposits, guarantees or other forms of security.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Full details will be set out in the tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Joint and several liability.
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: As set out in the Pre-Qualification Questionnaire (PQQ) available from the London Tenders portal (see VI.3). Economic operators will be excluded from being invited to tender where any of the grounds for mandatory rejections as set in Regulation 23 of the Public Contract Regulations 2006 apply (further details can be found at: http://www.opsi.gov/si/si2006/2006005.htm).

All tenderers will be required to sign a certificate of good standing which is set out in the Pre-Qualification Questionnaire (PQQ).

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Tenderers will be required to provide the documentaion or information set out in the Pre-Qualification Questionnaire (PQQ) or as may be required by the Contracting Authority.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Tenderers will be required to provide the documentaion or information set out in the Pre-Qualification Questionnaire (PQQ) or as may be required by the Contracting Authority.
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: Qualified solicitors and Qualified valuers.
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

Accelerated restricted
Justification for the choice of accelerated procedure: The Accelerated Restricted procedure is being utilised because the creation of the Panels is dictated by Legal Agreements entered into by the Council subject to Notices served by the counter party to these contracts. These notices have now been served and as a consequence the Council must now create panels under defined timelines set out in the contracts. The Panels must come into existence in November 2013.
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 9: and maximum number 18
Objective criteria for choosing the limited number of candidates: Track record of providing legal/valuation services to public and private clients. Business processes including appropriate accreditation. Financial stability and minimum insurance requirements.
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:

<<<<<< TBA >>>>>
IV.3.2)Previous publication(s) concerning the same contract

no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 21.8.2013
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

26.8.2013
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: yes
Estimated timing for further notices to be published: 39 months.
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

This tendering opportunity will appear on the London Tenders portal – http://londontenders.org/procontract from 6.8.2013.

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

Royal Courts of Justice
Strand
WC2 2LL London
UNITED KINGDOM
Telephone: +44 2079476000

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Public Contracts Regulations 2006 (SI 2006/5 (as amended) provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rules to take action in the High court (England, Wales and Northern Island). Any such action must be brought promptly and within time limite as defined in the above regulations.
VI.4.3)Service from which information about the lodging of appeals may be obtained

Efficiency & Reform Group
Cabinet Office Roseberry Court Andrew’s Business Park
NR7 0HS Norwich
UNITED KINGDOM
Internet address: http://www.cabinetoffice.gov.uk

VI.5)Date of dispatch of this notice:1.8.2013