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