Framework Agreement for the provision of legal services to the Development Bank of Wales
• Development Bank of Wales
Publication reference: 2021/S 000-009578 
Publication date: 4 May 2021
F02: Contract notice
Section one: Contracting authoritySection I: Contracting authority
one.1) Name and addressesI.1) Name and addresses
Development Bank of Wales
Development Bank of Wales, 1 Capital Quarter, Tyndall Street
Cardiff
CF10 4BZ
Contact
Sarah Patnett
Email

Telephone
+44 2920338100
Fax
+44 2920338101
Country
United Kingdom

If you want help with winning this tender, then take a look at our Bid Writing page.

NUTS code
UKL – Wales
Internet address(es)
Main address
www.developmentbank.wales
Buyer’s address
https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0555
one.2) Information about joint procurementI.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) CommunicationI.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 above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://etenderwales.bravosolution.co.uk/home.html
one.4) Type of the contracting authorityI.4) Type of the contracting authority
Body governed by public law
one.5) Main activityI.5) Main activity
Economic and financial affairs

Section two: ObjectSection II: Object
two.1) Scope of the procurementII.1) Scope of the procurement
two.1.1) TitleII.1.1) Title
Framework Agreement for the provision of legal services to the Development Bank of Wales
two.1.2) Main CPV codeII.1.2) Main CPV code
• 79100000 – Legal services
two.1.3) Type of contractII.1.3) Type of contract
Services
two.1.4) Short descriptionII.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.1.5) Estimated total valueII.1.5) Estimated total value
Value excluding VAT: £12,500,000
two.1.6) Information about lotsII.1.6) Information about lots
This contract is divided into lots: Yes
Tenders may be submitted for all lots
two.2) DescriptionII.2) Description
two.2.1) TitleII.2.1) Title
Financial Conduct Authority (FCA) legal advice
Lot No
1
two.2.2) Additional CPV code(s)II.2.2) Additional CPV code(s)
• 79100000 – Legal services
two.2.3) Place of performanceII.2.3) Place of performance
NUTS codes
UK – United Kingdom
two.2.4) Description of the procurementII.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 criteriaII.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.7) Duration of the contract, frame agreement or dynamic purchasing systemII.2.7) Duration of the contract, frame 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.
two.2.10) Information about variantsII.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about optionsII.2.11) Information about options
Options: No
two.2.13) Information about European Union FundsII.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) DescriptionII.2) Description
two.2.1) TitleII.2.1) Title
Fund Management & Corporate Advice
Lot No
2
two.2.2) Additional CPV code(s)II.2.2) Additional CPV code(s)
• 79100000 – Legal services
two.2.3) Place of performanceII.2.3) Place of performance
NUTS codes
UK – United Kingdom
two.2.4) Description of the procurementII.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 criteriaII.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.7) Duration of the contract, frame agreement or dynamic purchasing systemII.2.7) Duration of the contract, frame 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.
two.2.10) Information about variantsII.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about optionsII.2.11) Information about options
Options: No
two.2.13) Information about European Union FundsII.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) DescriptionII.2) Description
two.2.1) TitleII.2.1) Title
Debt and Equity Investment and Commercial Contracts
Lot No
3
two.2.2) Additional CPV code(s)II.2.2) Additional CPV code(s)
• 79100000 – Legal services
two.2.3) Place of performanceII.2.3) Place of performance
NUTS codes
UK – United Kingdom
two.2.4) Description of the procurementII.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 criteriaII.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.7) Duration of the contract, frame agreement or dynamic purchasing systemII.2.7) Duration of the contract, frame 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.
two.2.10) Information about variantsII.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about optionsII.2.11) Information about options
Options: No
two.2.13) Information about European Union FundsII.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) DescriptionII.2) Description
two.2.1) TitleII.2.1) Title
Property Development – North East England
Lot No
4
two.2.2) Additional CPV code(s)II.2.2) Additional CPV code(s)
• 79100000 – Legal services
two.2.3) Place of performanceII.2.3) Place of performance
NUTS codes
UK – United Kingdom
two.2.4) Description of the procurementII.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 criteriaII.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.7) Duration of the contract, frame agreement or dynamic purchasing systemII.2.7) Duration of the contract, frame 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.
two.2.10) Information about variantsII.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about optionsII.2.11) Information about options
Options: No
two.2.13) Information about European Union FundsII.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 informationSection III. Legal, economic, financial and technical information
three.1) Conditions for participationIII.1) Conditions for participation
three.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registersIII.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.
three.1.2) Economic and financial standingIII.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional abilityIII.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
three.2) Conditions related to the contractIII.2) Conditions related to the contract
three.2.1) Information about a particular professionIII.2.1) Information about a particular profession
Execution of the service is reserved to a particular profession
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.
three.2.3) Information about staff responsible for the performance of the contractIII.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 four. ProcedureSection IV. Procedure
four.1) DescriptionIV.1) Description
four.1.1) Type of procedureIV.1.1) Type of procedure
Open procedure
four.1.3) Information about a framework agreement or a dynamic purchasing systemIV.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)IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative informationIV.2) Administrative information
four.2.1) Previous publication concerning this procedureIV.2.1) Previous publication concerning this procedure
Notice number: 2016/S 046-075015
four.2.2) Time limit for receipt of projects or requests to participateIV.2.2) Time limit for receipt of projects or requests to participate
Date
4 June 2021
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submittedIV.2.4) Languages in which tenders or requests to participate may be submitted
English, Welsh
four.2.6) Minimum time frame during which the tenderer must maintain the tenderIV.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)
four.2.7) Conditions for opening of tendersIV.2.7) Conditions for opening of tenders
Date
4 June 2021
Local time
12:00pm

Section six. Complementary informationSection VI. Complementary information
six.1) Information about recurrenceVI.1) Information about recurrence
This is a recurrent procurement: No
six.3) Additional informationVI.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)
six.4) Procedures for reviewVI.4) Procedures for review
six.4.1) Review bodyVI.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079477501
Country
United Kingdom

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Sections
• one. Contracting authorityI. Contracting authority
• two. ObjectII. Object
• three. Legal, economic, financial and technical informationIII. Legal, economic, financial and technical information
• four. ProcedureIV. Procedure
• six. Complementary informationVI. Complementary information

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