Section one: Contracting authority
one.1) Name and addresses
Optivo
Grosvenor House, 125 High Street
Croydon
CR0 9XP
Contact
Tim Morel and Richard Short
Telephone
+44 2071134020
Country
United Kingdom
NUTS code
UKI - London
Internet address(es)
Main address
Buyer's address
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://www.delta-esourcing.com/
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://www.delta-esourcing.com/
Tenders or requests to participate must be submitted to the above-mentioned address
one.4) Type of the contracting authority
Other type
Registered Provider of Social Housing
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
HALA Legal Services Framework
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
The Housing Associations’ Legal Alliance includes Advance, BME London, Bromford Housing, CDS Co-operatives, Christian Action Housing, Cross Keys Homes, Eastend Homes, Greatwell Homes, Habinteg, Hastoe Group, Hexagon Housing, HFL Homes, Hightown Housing, Housing for Women, Housing Solutions, ISHA, Lewisham Homes, Local Space, MHS Homes, Newlon Housing Trust, Octavia Housing, One Housing, Optivo, Origin Housing, Phoenix Community Homes, Raven Housing Trust, Saxon Weald, Settle Group, Shepherds Bush Housing Group, Soho Housing, Swan Housing Association, Wandle Housing Association, Women’s Pioneer Housing, YMCA St Paul’s Group, YMCA Thames Gateway. Between them, there is a spend of approximately £6.2M per annum on external Solicitors’ Services. The Members have come together in a shared procurement exercise and wish to appoint a panel of Solicitors upon whose advisory services the individual members can call.
two.1.5) Estimated total value
Value excluding VAT: £30,000,000
two.1.6) Information about lots
This contract is divided into lots: Yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 4
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:
Lot 1: Corporate, Governance & Finance, Lot 2: Housing & Asset Management, Lot 3: Development and Lot 4: Property
two.2) Description
two.2.1) Title
Lot 1: Corporate, Governance & Finance
Lot No
1
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKH - East of England
- UKI - London
- UKF - East Midlands (England)
- UKG - West Midlands (England)
- UKL - Wales
- UKJ - South East (England)
- UKK - South West (England)
- UKE - Yorkshire and the Humber
- UKD - North West (England)
- UKC - North East (England)
Main site or place of performance
EAST OF ENGLAND,LONDON,EAST MIDLANDS (ENGLAND),WEST MIDLANDS (ENGLAND),WALES,SOUTH EAST (ENGLAND),SOUTH WEST (ENGLAND),YORKSHIRE AND THE HUMBER,NORTH WEST (ENGLAND),NORTH EAST (ENGLAND)
two.2.4) Description of the procurement
The organisations appointed shall provide legal advisory services including but not limited to:
•Banking and finance including the raising of bank funding, capital markets issuance, and hedging arrangements
•Charging and security work
•Development draw down funding (including contracts with the HCA / GLA)
•Corporate governance
•New business opportunities
•Acquisitions and disposals
•Joint ventures and subsidiaries
•Amalgamations and restructuring
•Stock transfers
•Employment advice (including TUPE)
•Employment litigation, including Employment Tribunals
•Taxation advice
•Pensions
•Charity law
•Industrial and provident society law
•Constitutional reviews
•Board member powers and responsibilities
•Corporate Policies and Procedures
•Commercial contracts (including Supporting People contracts)
•Debt recovery
•Procurement law
•Commercial disputes
•Grant applications e.g. Big Lottery funding
•IT and information law including system maintenance & support agreements, defamation and the internet, and intellectual property
•Data protection and freedom of information
•Code of Governance
•Regulations
•Company Law
•Miscellaneous advice such as occasional advice on such matters as Financial inclusion/general advice to tenants, consumer credit licence issues, health & safety, defamation, fraud, insolvency judicial reviews and public law issues including Human Rights Act.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £7,000,000
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
Lot 2: Housing & Asset Management
Lot No
2
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKH - East of England
- UKI - London
- UKF - East Midlands (England)
- UKG - West Midlands (England)
- UKL - Wales
- UKJ - South East (England)
- UKK - South West (England)
- UKE - Yorkshire and the Humber
- UKD - North West (England)
- UKC - North East (England)
Main site or place of performance
EAST OF ENGLAND,LONDON,EAST MIDLANDS (ENGLAND),WEST MIDLANDS (ENGLAND),WALES,SOUTH EAST (ENGLAND),SOUTH WEST (ENGLAND),YORKSHIRE AND THE HUMBER,NORTH WEST (ENGLAND),NORTH EAST (ENGLAND)
two.2.4) Description of the procurement
The organisations appointed shall provide legal advisory services including but not limited to:
Legal Advisory Services
•Housing litigation such as:
•Disrepair claims
•Anti-social behaviour proceedings (including injunctions, committal)
•Rent arrears possession proceedings
•Non-rent arrears possession proceedings
•Possession proceedings (all types)
•Assured shorthold accelerated possession claims
•Trespassers
•Possession succession
•Evictions
•Gas servicing and other access injunctions
•Supported housing disputes
•Terminating licence agreements and obtaining possession
•Service charge disputes
•Tenancy Fraud
•Mediation
•First Tier Tribunal advice and advocacy
•Leaseholder disputes
•Deceased leaseholders where executors not meeting their obligations or where no monies in estate
•Unlawful assignments
•Enforcement / forfeiture
•Leasehold and shared ownership sub-letting
•Managing Agent issues including those arising from Tri-Partite agreements i.e. RP, Leaseholder and Managing Agent
General housing advice such as:
•Tenancy agreement advice
•Anti-social behaviour advice
•Housing benefit advice
•Service charge advice
•Estate management board advice
•Managing agents contracts and service level agreements
•Supported and sheltered housing advice
•Advice on complaints
•Dilapidations
•Dealing with lack of mental capacity
•Judicial Review
•Welfare reform updates
•Data protection
•Energy supply agreements with residents
Housing management policy advice such as:
•Drafting and advising on new forms of tenancy & licence agreement
•Rent setting advice
•Policy drafting, approval and annual health checks
•Advice on procedures - this may include drafting all or part of a procedure
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £6,000,000
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
Lot 3: Development
Lot No
3
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKH - East of England
- UKI - London
- UKF - East Midlands (England)
- UKG - West Midlands (England)
- UKL - Wales
- UKJ - South East (England)
- UKK - South West (England)
- UKE - Yorkshire and the Humber
- UKD - North West (England)
- UKC - North East (England)
Main site or place of performance
EAST OF ENGLAND,LONDON,EAST MIDLANDS (ENGLAND),WEST MIDLANDS (ENGLAND),WALES,SOUTH EAST (ENGLAND),SOUTH WEST (ENGLAND),YORKSHIRE AND THE HUMBER,NORTH WEST (ENGLAND),NORTH EAST (ENGLAND)
two.2.4) Description of the procurement
The organisations appointed shall provide legal advisory services including but not limited to:
Development
•Public private partnerships
•Site Assembly
•Options to purchase
•Acquisitions/disposals of land/buildings including new build plot sales
•Acquisitions/disposals of tenanted stock
•Stock swaps
•Statutory Agreements e.g. s.38, 278, 104
•Planning Agreements e.g. s.106 and s.111
•Development Agreements
•Development Funding (including HCA Help to Buy agreements)
•Management Agreements
•Establishing development-related management companies including joint ventures
•Construction Agreements (including collateral warranties)
•Bonds
•Parent Company Guarantees
•Contentious Construction
•Novation agreements
•Wayleaves and other utility agreements
•Building licences
•Grant agreements
•Health and safety
•Overage
•Planning advice
•Property taxation advice
•Procurement advice
•Development disputes (including litigation)
•Environmental issues
•ESCo/MUSCo leases and concession agreements.
•Energy supply agreements with residents
•Consultant appointment letters
•Contract amendments
•Frameworks for consultants and contractors
•Fire safety, asbestos water and other H&S law
•Advice in relation to sustainability, regulations and compliance
•Compulsory Purchase Orders
•Advice in relation to fire remediation and boundary disputes
Shared Ownership
•Setting up shared ownership schemes including drafting lease incorporating requirements of planning agreements
•Staircasing (not final and final)
•Resale/Assignment to new owner
•Easements
•Lifting of restrictive covenants
•Surrenders
•Repossessions
•New Build Plot sales
•Managing Agent issues including those arising from Tripartite Agreements i.e. RP, Leaseholder and Managing Agent.
•Lease management e.g. licences to assign, licences for alterations, deeds of variations, lease extensions
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £9,000,000
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
Lot 4: Property
Lot No
4
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKH - East of England
- UKI - London
- UKF - East Midlands (England)
- UKG - West Midlands (England)
- UKL - Wales
- UKJ - South East (England)
- UKK - South West (England)
- UKE - Yorkshire and the Humber
- UKD - North West (England)
- UKC - North East (England)
Main site or place of performance
EAST OF ENGLAND,LONDON,EAST MIDLANDS (ENGLAND),WEST MIDLANDS (ENGLAND),WALES,SOUTH EAST (ENGLAND),SOUTH WEST (ENGLAND),YORKSHIRE AND THE HUMBER,NORTH WEST (ENGLAND),NORTH EAST (ENGLAND)
two.2.4) Description of the procurement
The organisations appointed shall provide legal advisory services including but not limited to:
Commercial Property
•Property rationalisation including purchases, disposals, stock swaps, TUPE (employment issues)
•Purchases/disposals of real estate (general)
•Auction acquisitions and disposals
•Easements
•Title investigations
•Agreements for lease/licences
•Granting and taking leases
•Management Agreements
•Lease management e.g. licences to assign, licences for alterations, deeds of variation, lease extensions, rent review memoranda etc.
•Advice relating to existing leases and management agreements
•Commercial Lease renewals and surrenders
•Tenanted sales initiatives
•Tenanted transfers including overage agreements
•Dilapidations
•Adverse possession including traveller issues
•Establishing property joint ventures
•Plot sales (commercial)
•Consent issues relating to restrictions on title, including lifting of restrictive covenants
•Ground rent issues
•Property litigation
•Construction contracts (including professional services contracts)
•Serving section 25 and s26 notices and responding to the same when served
•Re-possession of premises
•Novation agreements
•Wayleaves and other utility agreements
•Overage
•Property taxation advice
•Boundary dispute advice
Residential Property
•Purchases and sales of individual residential units (freehold/ leasehold)
•New build plot sales (freehold/ leasehold)
•Easements
•Lifting of restrictive covenants
•Auctions
•Sales under Right To Buy, Right To Acquire /Social HomeBuy
•Independent Supported Living purchases
•Service charge issues (including sinking fund disputes)
•Leasehold Valuation Tribunal advice and advocacy
•Leasehold enfranchisement
•Absent landlords (overseas etc.)
•Boundary dispute advice
Shared Ownership
•Setting up shared ownership schemes including drafting lease incorporating requirements of planning agreements
•Staircasing (not final and final)
•Resale/Assignment to new owner
•Easements
•Lifting of restrictive covenants
•Surrenders
•Repossessions
•New Build Plot sales
•Managing Agent issues including those arising from Tripartite Agreements i.e. RP, Leaseholder and Managing Agent.
•Lease management e.g. licences to assign, licences for alterations, deeds of variations, lease extensions
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £8,000,000
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.1.2) Economic and financial standing
List and brief description of selection criteria
As detailed in the procurement documents
Minimum level(s) of standards possibly required
As detailed in the procurement documents
three.1.3) Technical and professional ability
List and brief description of selection criteria
As detailed in the procurement documents
Minimum level(s) of standards possibly required
As detailed in the procurement documents
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
As detailed in the procurement documents
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
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
29 April 2022
Local time
4:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.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)
four.2.7) Conditions for opening of tenders
Date
29 April 2022
Local time
4:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.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. The estimated total value in II.1.5) should be treated as a rough guide and not a constraint. This framework will be accessible to existing and new HALA members. HALA cannot accurately predict the growth in its membership or individual members' expenditure. Expenditure could significantly exceed the estimated total value in the event of high demand.
For more information about this opportunity, please visit the Delta eSourcing portal at:
https://www.delta-esourcing.com/tenders/UK-UK-Croydon:-Legal-services./4Y8S3J3N5H
To respond to this opportunity, please click here:
https://www.delta-esourcing.com/respond/4Y8S3J3N5H
GO Reference: GO-2022328-PRO-19872661
six.4) Procedures for review
six.4.1) Review body
Optivo
Grosvenor House, 125 High Street
Croydon
CR0 9XP
Telephone
+44 2071134020
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
The High Court,
Royal Courts of Justice The Strand,
London
WC2A 2LL
Telephone
+44 2079476000
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Optivo will observe a 10-day standstill period calculated in accordance with the Public Contracts Regulations 2015. Under those regulations, aggrieved bidders may by way of proceedings in the High Court seek relief in respect of alleged breaches of the Public Contracts Regulations 2015 which may include declaring any award ineffective and/or seeking damages. After the expiry of the 10-day standstill period, Optivo will, unless prevented by order of the court, conclude and enter all framework agreements.
six.4.4) Service from which information about the review procedure may be obtained
Optivo, c/o Kennedy Cater Ltd,
Grosvenor House,, 125 High Street,
Croydon
CR0 9XP
Telephone
+44 2071134020
Country
United Kingdom