Section one: Contracting authority
one.1) Name and addresses
Development Bank of Wales
Unit J, Yale Business Village, Ellis Way
Wrexham
LL13 7YL
Contact
Sarah Patnett
procurement@developmentbank.wales
Telephone
+44 2920338100
Fax
+44 2920338101
Country
United Kingdom
NUTS code
UKL - Wales
Internet address(es)
Main address
https://www.developmentbank.wales
Buyer's address
https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0555
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Economic and financial affairs
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Framework Agreement for the provision of legal services to the Development Bank of Wales
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
To appoint a number of individual firms, each operating under a framework agreement to provide legal services under 4 distinct lots.
This is a notice for social and specific services in accordance with Regulation 10 of the Public Contracts Regulations 2015. The Contracting Authority shall only be bound by the application of the Public Contracts Regulations to the extent that they are applicable to contracts for social and other specific services.
two.1.6) Information about lots
This contract is divided into lots: Yes
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £1,250,000
two.2) Description
two.2.1) Title
Financial Conduct Authority (FCA) legal advice
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
Within this discipline legal advice and services may be required in relation to, but not restricted to:
- advice on new and existing FCA permissions for DBW, this includes but is not limited to:
-CASS compliance
-CCA compliance
- proactive advice, guidance and updates regarding new legislation and case law which may affect DBW’s activities and documentation.
two.2.5) Award criteria
Quality criterion - Name: Document & Contract Management / Weighting: 3
Quality criterion - Name: Project Management / Weighting: 4
Quality criterion - Name: Client Care, Quality Control & Consistency / Weighting: 9
Quality criterion - Name: Allocation of Work / Weighting: 8.5
Quality criterion - Name: Working Closely with the Client / Weighting: 14
Quality criterion - Name: Experience / Weighting: 21
Quality criterion - Name: Delivery Team / Weighting: 10.5
Quality criterion - Name: Social / Weighting: 10
Price - Weighting: 20
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
Fund Management & Corporate Advice
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
Within this discipline legal advice may be required in relation to, but not restricted to:
- advice on Limited Partnership Agreements, Discretionary and Non-Discretionary Fund Management Agreements;
- advice on fund structures in particular on and off balance sheet;
- advice on issues related to establishing potential new funds;
- advice on specific events during life of the fund;
- fund management procurement advice;
- Subsidy Control advice ;
- company formation;
- shareholder agreements and similar documents;
- advice on corporate restructuring;
- proactive advice, guidance and updates regarding new legislation and case law which may affect DBW’s activities and documentation.
two.2.5) Award criteria
Quality criterion - Name: Document & Contract Management / Weighting: 3
Quality criterion - Name: Project Management / Weighting: 4
Quality criterion - Name: Client Care, Quality Control & Consistency / Weighting: 7.5
Quality criterion - Name: Allocation of Work / Weighting: 10
Quality criterion - Name: Working Closely with the Client / Weighting: 11
Quality criterion - Name: Experience / Weighting: 19.5
Quality criterion - Name: Delivery Team / Weighting: 10
Quality criterion - Name: Social / Weighting: 10
Cost criterion - Name: Time Charge Rates / Weighting: 25
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
Debt and Equity Investment and Commercial Contracts
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
Within this discipline legal advice and services may be required in relation to, but not restricted to:
- advice on all aspects of debt and equity investment, from early-stage pre-revenue businesses to significant development capital and succession transactions, banking and registration together with pre-investment due diligence and ongoing corporate governance advice;
- investment structures may include debt only, equity only, or a combination of debt and equity;
- drafting, reviewing and advising on commercial contracts of all types, including but not limited to:
- Investment Agreements
- Articles of Association
- Equity Warrants
- Executive and non-executive directors’ service contracts
- loan and mezzanine funding agreements and associated documents
- supply of goods and services
- consultancy contracts
- business transfer
- sale and purchase agreements
- joint ventures
- grants and other funding agreements;
- drafting and registration of Legal Charges over land and property;
- drafting, review and (where necessary) registration of security documentation including (but not limited to) debentures, personal and corporate guarantees, chattels mortgages, and assignments of life policies;
- drafting and review of intercreditor agreements, deeds of priority, deeds of postponement; deeds of subordination and letters/deeds of variation;
- release of security;
· litigation related to the exercise of functions by DBW including:
- commercial/contractual claims or arbitration
- employment tribunals
- restructuring related actions and documentation;
- proactive advice, guidance and updates regarding new legislation and case law which may affect DBW’s activities and documentation.
two.2.5) Award criteria
Quality criterion - Name: Document & Contract Management / Weighting: 3
Quality criterion - Name: Project Management / Weighting: 4
Quality criterion - Name: Client Care, Quality Control & Consistency / Weighting: 7.5
Quality criterion - Name: Allocation of Work / Weighting: 10
Quality criterion - Name: Working Closely with the Client / Weighting: 11
Quality criterion - Name: Experience / Weighting: 19.5
Quality criterion - Name: Delivery Team / Weighting: 10
Quality criterion - Name: Social / Weighting: 10
Cost criterion - Name: Time Charge Rates / Weighting: 25
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
Property Development - North East England
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
Within this discipline legal advice and services may be required in relation to funding for Property Development schemes in North East England, including but not restricted to:
- drafting and review of documentation and advice on all aspects of property development investments to construction companies undertaking developing small-scale, commercial and residential property developments, including but not limited to:
- Loan agreements and associated documents;
- Build Contracts;
- Planning consents;
- Environmental Reports;
- Valuation reports;
- Surveyors reports;
- Reports on Title;
- Step-in rights;
- Collateral warranties;
- Relevant Insurances;
- Pre-sale and pre-let agreements;.
- preparing and Legal Charges over land and property, including registration at the Land Registry;
- Other filing security documentation, including registration at Companies’ House where necessary at the Land Registry/Companies’ Hous;e.
- litigation related to the exercise of functions by DBW including:
- commercial/contractual claims or arbitration;
- employment tribunals;
- restructuring related actions and documentation.
- proactive advice, guidance and updates regarding new legislation and case law which may affect DBW’s activities and documentation
two.2.5) Award criteria
Quality criterion - Name: Document & Contract Management / Weighting: 3
Quality criterion - Name: Project Management / Weighting: 4
Quality criterion - Name: Client Care, Quality Control & Consistency / Weighting: 7.5
Quality criterion - Name: Allocation of Work / Weighting: 10
Quality criterion - Name: Working Closely with the Client / Weighting: 11
Quality criterion - Name: Experience / Weighting: 19.5
Quality criterion - Name: Delivery Team / Weighting: 10
Quality criterion - Name: Social / Weighting: 10
Cost criterion - Name: Time Charge Rates / Weighting: 25
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 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
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 000-009578
Section five. Award of contract
Lot No
1
Title
Financial Conduct Authority (FCA) legal advice
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
22 April 2023
five.2.2) Information about tenders
Number of tenders received: 21
Number of tenders received from SMEs: 7
Number of tenders received from tenderers from other EU Member States: 21
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 21
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Blake Morgan LLP
One Central Square
Cardiff
CF101FS
Telephone
+44 2380857380
Fax
+44 2920686380
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £1,250,000
Total value of the contract/lot: £1,250,000
Section five. Award of contract
Lot No
2
Title
Fund Management & Corporate Advice
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
22 April 2023
five.2.2) Information about tenders
Number of tenders received: 21
Number of tenders received from SMEs: 7
Number of tenders received from tenderers from other EU Member States: 21
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 21
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Geldards LLP
Dumfries House, Dumfries Place
Cardiff
CF103ZF
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £1,250,000
Total value of the contract/lot: £1,250,000
Section five. Award of contract
Lot No
3
Title
Debt and Equity Investment and Commercial Contracts
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
22 April 2023
five.2.2) Information about tenders
Number of tenders received: 21
Number of tenders received from SMEs: 7
Number of tenders received from tenderers from other EU Member States: 21
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 21
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Blake Morgan LLP
One Central Square
Cardiff
CF101FS
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £1,250,000
Total value of the contract/lot: £1,250,000
Section five. Award of contract
Lot No
3
Title
Debt and Equity Investment and Commercial Contracts
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
22 April 2022
five.2.2) Information about tenders
Number of tenders received: 21
Number of tenders received from SMEs: 7
Number of tenders received from tenderers from other EU Member States: 21
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 21
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
Capital Law Ltd
Capital Building, Tyndall Street
Cardiff
CF104AZ
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
Yes
five.2.3) Name and address of the contractor
Geldards LLP
4 Capital Quarter, Tyndall Street
Cardiff
CF104BZ
Country
United Kingdom
NUTS code
- UKL22 - Cardiff and Vale of Glamorgan
The contractor is an SME
No
five.2.3) Name and address of the contractor
Hugh James
2 Central Square
Cardiff
CF101FS
Country
United Kingdom
NUTS code
- UKL22 - Cardiff and Vale of Glamorgan
The contractor is an SME
Yes
five.2.3) Name and address of the contractor
berry smith
dumfries house
cardiff
cf103ga
Country
United Kingdom
NUTS code
- UKL22 - Cardiff and Vale of Glamorgan
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £1,250,000
Total value of the contract/lot: £1,250,000
Section five. Award of contract
Lot No
4
Title
Property Development - North East England
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
22 April 2023
five.2.2) Information about tenders
Number of tenders received: 21
Number of tenders received from SMEs: 7
Number of tenders received from tenderers from other EU Member States: 21
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 21
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
Blake Morgan LLP
One Central Square
Cardiff
CF101FS
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.3) Name and address of the contractor
Hugh James
2 Central Square
Cardiff
CF101FS
Country
United Kingdom
NUTS code
- UKL22 - Cardiff and Vale of Glamorgan
The contractor is an SME
Yes
five.2.3) Name and address of the contractor
Geldards LLP
4 Capital Quarter, Tyndall Street
Cardiff
CF104BZ
Country
United Kingdom
NUTS code
- UKL22 - Cardiff and Vale of Glamorgan
The contractor is an SME
No
five.2.3) Name and address of the contractor
Capital Law Ltd
Capital Building, Tyndall Street
Cardiff
CF104AZ
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £1,250,000
Total value of the contract/lot: £1,250,000
Section six. Complementary information
six.3) Additional information
(WA Ref:135381)
six.4) Procedures for review
six.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079477501
Country
United Kingdom