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Notice Details

Title: Framework Agreement for the provision of legal services to the Development Bank of Wales
Published by: Development Bank of Wales
Publication Date: 04/05/2021
Deadline Date: 04/06/2021
Deadline Time: 12:00
Notice Type: 02 Contract Notice
Has Documents: No
Has ESPD: No
Abstract: 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.
CPV: 79100000, 79100000, 79100000, 79100000, 79100000.

Contract notice

Directive 2014/24/EU - Public Sector Directive

Directive 2014/24/EU

Section I: Contracting authority

I.1) Name and addresses

Development Bank of Wales

Development Bank of Wales, 1 Capital Quarter, Tyndall Street

Cardiff

CF10 4BZ

UK

Contact person: Sarah Patnett

Telephone: +44 2920338100

E-mail: procurement@developmentbank.wales

Fax: +44 2920338101

NUTS: UKL

Internet address(es)

Main address: www.developmentbank.wales

Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0555

I.2) Joint procurement

The contract is awarded by a central purchasing body

I.3) Communication

The procurement documents are available for unrestricted and full direct access, free of charge at:

https://etenderwales.bravosolution.co.uk/home.html


Additional information can be obtained from the abovementioned address


Tenders or requests to participate must be sent electronically to:

https://etenderwales.bravosolution.co.uk/home.html


I.4) Type of the contracting authority

Body governed by public law

I.5) Main activity

Economic and financial affairs

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Framework Agreement for the provision of legal services to the Development Bank of Wales

II.1.2) Main CPV code

79100000

 

II.1.3) Type of contract

Services

II.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.

II.1.5) Estimated total value

Value excluding VAT: 12 500 000.00 GBP

II.1.6) Information about lots

This contract is divided into lots: Yes

Tenders may be submitted for all lots

II.2) Description

Lot No: 1

II.2.1) Title

Financial Conduct Authority (FCA) legal advice

II.2.2) Additional CPV code(s)

79100000

II.2.3) Place of performance

NUTS code:

UK

II.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.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

The appointed legal panel will operate for a period of 3 years with the option to extend for a further 12 months.

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.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 2

II.2.1) Title

Fund Management & Corporate Advice

II.2.2) Additional CPV code(s)

79100000

II.2.3) Place of performance

NUTS code:

UK

II.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.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

The appointed legal panel will operate for a period of 3 years with the option to extend for a further 12 months.

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.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 3

II.2.1) Title

Debt and Equity Investment and Commercial Contracts

II.2.2) Additional CPV code(s)

79100000

II.2.3) Place of performance

NUTS code:

UK

II.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.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

The appointed legal panel will operate for a period of 3 years with the option to extend for a further 12 months.

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.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 4

II.2.1) Title

Property Development - North East England

II.2.2) Additional CPV code(s)

79100000

II.2.3) Place of performance

NUTS code:

UK

II.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

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

The appointed legal panel will operate for a period of 3 years with the option to extend for a further 12 months.

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.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

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

List and brief description of conditions:

Successful firms will be expected to be qualified to advise in laws applicable to the Development Bank of Wales.

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.2) Conditions related to the contract

III.2.1) Information about a particular profession

Participation is reserved to a particular profession: Yes

Reference to the relevant law, regulation or administrative provision:

Successful firms will be expected to be qualified to advise on laws applicable to the Development Bank of Wales.

III.2.3) Information about staff responsible for the performance of the contract

Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Open procedure

IV.1.3) Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement with several operators.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

IV.2) Administrative information

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:

2016/S 046-075015

IV.2.2) Time limit for receipt of tenders or requests to participate

Date: 04/06/2021

Local time: 12:00

IV.2.4) Languages in which tenders or requests to participate may be submitted

EN

CY

IV.2.6) Minimum time frame during which the tenderer must maintain the tender

Duration in months: 3 (from the date stated for receipt of tender)

IV.2.7) Conditions for opening of tenders

Date: 04/06/2021

Local time: 12:00

Section VI: Complementary information

VI.1) Information about recurrence

This is a recurrent procurement: No

VI.3) Additional information

NOTE: The authority is using eTenderwales to carry out this procurement process. To obtain further information record your interest on Sell2Wales at https://www.sell2wales.gov.wales/search/search_switch.aspx?ID=108896

(WA Ref:108896)

VI.4) Procedures for review

VI.4.1) Review body

High Court

Royal Courts of Justice, The Strand

London

WC2A 2LL

UK

Telephone: +44 2079477501

VI.5) Date of dispatch of this notice

04/05/2021


Information added to the notice since publication.

Additional information added to the notice since it's publication.
DateDetails
04/05/2021 18:17Contract value

Please note the contract value for this tender is £1,250,000 (£1.25m) - not £12,500,000.

Apologies for any confusion.
Main Contact: procurement@developmentbank.wales
Admin Contact: N/a
Technical Contact: N/a
Other Contact: N/a

Commodity Categories

Commodity Categories
IDTitleParent Category
79100000Legal servicesBusiness services: law, marketing, consulting, recruitment, printing and security

Delivery Locations

Delivery Locations
IDDescription
1017Bridgend and Neath Port Talbot
1022Cardiff and Vale of Glamorgan
1015Central Valleys (Merthyr Tydfil, Rhondda Cynon Taf)
1013Conwy and Denbighshire
1020East Wales
1023Flintshire and Wrexham
1016Gwent Valleys (Torfaen, Blaenau Gwent, Caerphilly)
1012Gwynedd
1011Isle of Anglesey
1021Monmouthshire and Newport
1024Powys
1014South West Wales (Carmarthenshire, Pembrokeshire, Ceredigion)
1018Swansea
100UK - All
1000WALES
1010West Wales and The Valleys

Alert Region Restrictions

The buyer has restricted the alert for this notice to suppliers based in the following regions.

Alert Region Restrictions
There are no alert restrictions for this notice.

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