Description of the procurement
As well as advice in relation the legal issues associated with a Stage Agency, the framework members will be required to provide advice on a wide-ranging number of topics, including but not limited to the following and shall include all other services that are reasonably ancillary and incidental thereto:
• design team appointments:
— design team appointments and collateral warranties;
• procurement:
— Procurement strategy and execution including EU procurement issues;
• property and land transfers:
— procurement/transfers of land from other State Agencies,
— title reviews,
— title rectification,
— storage of title documents and deeds,
— conveyances of land/property/units,
— affordable covenants,
— general advices;
• planning permissions:
— environmental and planning related advices,
— advices re-judicial reviews;
• delivery and mechanisms:
— delivery mechanisms including the drafting the negotiation of construction contracts, development agreements to include but not limited to:
(i) contractor appointments,
(ii) licence agreements,
(iii) joint venture agreements,
(iv) site sales/forward sales of property,
(v) hybrids of the above;
— contractor appointments and collateral warranties to include direct contractor appointments, licence agreements and joint venture agreements,
— Bonds, securities and guarantees,
— project insurances;
• property related tax advices to include pre-funding agreements and tax structuring of land transactions;
• affordable housing/cost rental:
— advices on the implications of the commitment to deliver affordable units on:
(i) site and property transfers,
(ii) onward site disposals,
(iii) public procurement,
(iv) financing implications,
(v) leases / licences;
• social housing — sales to AHB’s/local authorities;
• finance:
— debt and equity financing,
— shareholder agreements;
• state aid;
• employment law:
— employment law advices;
• dispute resolution;
• tenancy:
— landlord and tenancy advices,
— letting agreements,
— management company formation, structures and engagement,
— dispute resolution;
• information law:
— FOI legislation,
— data protection legislation;
• insurance
• general legal advices.
The legal services to be provided may also include the provision of:
• legal secondees upon request of the contracting authority and subject to terms to be agreed between the contracting authority and the legal advisor(s);
• training on topics to be agreed between the contracting authority and the legal advisor(s) from time to time; and
• referrals to law firms in other jurisdictions or to other legal advisors, to the extent that the contracting authority so requests.