Section one: Contracting authority
one.1) Name and addresses
Homes England (the name adopted by the Homes and Communities Agency)
One Friargate
Coventry
CV1 2GN
legalservicestender@homesengland.gov.uk
Country
United Kingdom
NUTS code
UKG - West Midlands (England)
Internet address(es)
Main address
https://www.gov.uk/government/organisations/homes-england
Buyer's address
https://www.gov.uk/government/organisations/homes-england
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
one.4) Type of the contracting authority
National or federal Agency/Office
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Homes England Legal Services Framework 2022-2026
Reference number
DN584298
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
Homes England is seeking to appoint a £47m (ex VAT) national framework agreement for four years, to replace the existing Legal Services Framework. The proposed framework will comprise of four lots to provide a range of property and investment related legal services.
The range of legal services are as follows:
Lot 1 Services – Routine real estate and investment
Lot 2 Services – Specialist real estate and corporate
Lot 3 Services – Bespoke and Complex Projects
Lot 4 Services – Affordable Housing and Homes Ownership
Individual commissions and appointments from the framework will either be via direct award or further competition.
A full suite of documents can be found on ProContract.
two.1.5) Estimated total value
Value excluding VAT: £47,000,000
two.1.6) Information about lots
This contract is divided into lots: Yes
Tenders may be submitted for maximum number of lots
3
Maximum number of lots that may be awarded to one tenderer: 2
two.2) Description
two.2.1) Title
Routine Real Estate & Investment
Lot No
1
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Lot 1 - Routine Real Estate & Investment
- Property: including Landlord and Tenant, plot sales, estate management, release of restrictions and consents;
- Commercial law;
- Banking (short term development finance to SMEs) and Restructuring (in the event of default e.g. reservation of rights letters);
- Agricultural law;
Additional Services for Lot 1
- Real Estate: including Acquisitions, Disposals and Building Leases;
- Procurement and public subsidy;
- Grant Agreements;
- Planning: including CPO;
- Development and Construction;
- Real Estate Litigation including mortgage enforcement and possession claims;
- Contracts (goods, works and services);
- Environmental Law including biodiversity & net gain;
- Intellectual Property.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 60
Price - Weighting: 40
two.2.6) Estimated value
Value excluding VAT: £15,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2) Description
two.2.1) Title
Specialist Real Estate & Corporate
Lot No
2
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Lot 2 - Specialist Real Estate & Corporate
- Commercial Property: Property Finance, Infrastructure and Regeneration;
- Commercial law including Banking –Loan and Equity Finance (this will include fund structures, joint ventures, infrastructure finance, lending alliances and MMC), Restructuring (including in the event of distress) and Insolvency;
- Building Safety regime
- Company law: including SPVs and Joint Ventures – contractual and company structures to deliver land and investment transactions;
- Financial Regulation and Taxation;
- Public/Administrative Law;
- Employment Law;
Additional Services for Lot 2
- Real Estate: including Acquisitions, Disposals and Building Leases;
- Procurement and public subsidy;
- Grant Agreements;
- Planning: including CPO;
- Development and Construction;
- Real Estate Litigation including mortgage enforcement and possession claims;
- Contracts (goods, works and services);
- Environmental Law including biodiversity & net gain;
- Intellectual Property.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 80
Price - Weighting: 20
two.2.6) Estimated value
Value excluding VAT: £15,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2) Description
two.2.1) Title
Bespoke & Complex Projects
Lot No
3
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Lot 3 - Bespoke & Complex Projects
- Major infrastructure projects – including creation, acquisition, sponsor or debt capital, to portfolio management, restructuring, asset sales and exits;
- Major place based regeneration – including acquisition, planning, structuring, funding;
- Bespoke and complex financing including capital markets;
- Bespoke Joint ventures (e.g. outside of Homes England’s existing protocol and standards);
- For private equity and venture capital activity - including related fund formation, capital deployment, acquisitions, debt and equity financing, complex restructurings, portfolio management and exits);
- Innovative/complex financing/investments to fund R&D and early stage product development e.g. MMC.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 80
Price - Weighting: 20
two.2.6) Estimated value
Value excluding VAT: £15,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2) Description
two.2.1) Title
Affordable Housing & Home Ownership
Lot No
4
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Lot 4 - Affordable Housing & Home Ownership
- Affordable Housing;
- Residential mortgage regulatory advice and residential mortgage repossession;
- Public procurement of works and services and public subsidy in relation to housing;
- Housing regulatory and funding;
- Special administration regime;
- Home Ownership Initiatives and shared ownership.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 60
Price - Weighting: 40
two.2.6) Estimated value
Value excluding VAT: £2,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions
Please see documents available on ProContract.
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
Please see the Framework Agreement available on ProContract.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.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
Envisaged maximum number of participants to the framework agreement: 23
In the case of framework agreements, provide justification for any duration exceeding 4 years:
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2021/S 000-031568
four.2.2) Time limit for receipt of tenders or requests to participate
Date
21 March 2022
Local time
5:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.7) Conditions for opening of tenders
Date
21 March 2022
Local time
5:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: Yes
Estimated timing for further notices to be published: Procurement expected to reoccur in 2026
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
The opportunity can be accessed via Home England’s e-Tendering system. Tenderers wishing to be considered for this contract must register their expression of interest and submit a tender through our e-Tendering system. If not already registered, candidates should register at https://procontract.due-north.com/Login
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 are subject to the transparency arrangements being adopted by the UK Government. These arrangements include the publication of tender documentation issued by Homes England and our contract with the supplier.
Bidders should highlight any areas they consider commercially sensitive in order for Homes England to be able to honour our transparency obligations without undermining the bidder's commercial interests.
Candidates are advised that Homes England 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. Homes England 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.
Homes England 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 Homes England.
Please refer to our anti-bribery and corruption policy by visiting https://www.gov.uk/government/publications/anti-bribery-and-corruption-policy for further information.
Homes England (the trading name adopted by the Homes and Communities Agency) is committed to protecting the privacy and security of your personal data. Details can be found at https://www.gov.uk/government/organisations/homes-england/about/personal-information-charter
IV.1.3. Information about a framework agreement or a dynamic purchasing system - Envisaged number of participants in the framework agreement is below:
Lot 1 - Minimum of 5, maximum of 7 suppliers
Lot 2 - Minimum of 4, maximum of 6 suppliers
Lot 3 - Minimum of 3, maximum of 6 suppliers
Lot 4 - Minimum of 1, maximum of 4 suppliers
Further details on the number of participants are contained within the procurement documents.
All dates in this notice are indicative and may be amended.
The NUTS code included in this notice is ‘UK’. However, the services will only be procured in England.
six.4) Procedures for review
six.4.1) Review body
Royal Courts of Justice
The Strand
London
WC2A 2LL
Country
United Kingdom