2.1  Requirements

2.1.1  It is intended to appoint an external legal adviser to work with the Authority's in-house legal team on the project. The support is required through to Contract Award/Financial Close.

2.1.2  PFI projects are intensive in terms of resources and time.  One of our key objectives is to produce documentation in advance of each project milestone that fully describes the Council's position to bidders and funders in order to encourage quality and deliverable responses. An example is the requirement to produce a fully worked up Draft Project Agreement to be included with the issue of the Draft Invitiation to Supply Detailed Solutiuons (ISDS).

2.1.3  Potential legal advisors should confirm their approach to project management, relevant PFI experience and approach to working with other advisors and client teams.  The appointed adviser will need to confirm there will be no conflicts of interest in advising on projects.  General experience has shown limitations in the strength and depth of advisors in servicing PFI/PPP type projects.  Bidders will need to confirm the names and experience of personnel who will work on these projects identifying their project inputs.

2.1.4  The general timetable template for the project under Competative Dialogue that is realistic and achievable should be set, Annex A  

2.1.5  Bidders are invited to comment on the general project structure and the attached timetable.  The tender bid will confirm the programme structure assumed and the consequences of any variation from it.  The price structure proposed must include clear identification of work that has a fixed price or is on an hourly/daily base rate.  Personnel allocated to the project and their input should be clearly identified. Whilst a Call for Final Tender (CFT) is programmed, the aim is to close dialogue and achieve quality designs and solutions, contract agreement, price certainty and value for money in the bidders' proposals and allow only 'fine' tuning post Preferred Bidder.  This may enable a decision to confirm a Preferred Bidder.

2.1.6  You should identify your approach to joint working and opportunities within the Project Team.  It is intended to develop a Draft ISDS and Project Agreement making full use of the 4ps/HCA Housing PFI Procurement Pack. This will be issued to shortlisted bidders as soon as possible after the shortlist has been confirmed.  

2.1.7  For the appointment, the services required of the legal advisor are:

■  To act as a member of the Project Team.

■  To liase with the Council's internal legal officers supporting the project to ensure continuity of approach and the identity of required inputs to each project stage. (It is anticipated that responsibilities for all property, title, warranties and supplementary documentation e.g. technical specifications will be in-house.)

■  To act as the lead in producing Draft Project Agreement and subsequent amendments prior to issue of the formal Invitation to Submit Detailed Solutions documentation (ISDS). Liaison with other team members on issues that are common to other documentation e.g. payment mechanism.. This will also include participation in the drafting of other documents e.g. output specification,  to ensure continuity of approach on project issues.

■  Attendance at the Bidders' Conference if required.

■  To attend Project Team meetings to develop project documentation and structures as required. This will include inputs on developing Evaluation Criteria, particularly on Commercial and Legal inputs.

■  Supporting the Project Team as required in bilateral meetings with bidders in stages to ISDS and Call for Final Tender (CFT).

■  Evaluation of ISDS and CFT bids with a commentary on the position taken on the Project Agreement, requirements within the Evaluation Criteria and other commercial issues that contribute to the evaluation process.

■Supporting the negotiation stages from Preferred Bidder to Contract Award/Financial Close. This will include production and mark up of the Project Agreement and leading on the responses to bidder and funder generated ancillary project documentation.

■  Responsibility for the arrangements for Contract Award and production of completed bible of documents. Assistance with the production of the final business case (FBC).

■  Provision of specialist advice separately or in conjunction with other bidders e.g. VAT as required.

■  Inputs as required on legal and commercial issues to be addressed in debriefing unsuccessful bidders. This may include attendance at the debriefing sessions.

2.1.8  Bidders proposals for the ongoing work should assume the above project timetables and reflect the consequence of any variance.  It should be assumed that the Council will lead the project using existing resources and will review opportunities for developing further in-house expertise and resources.  

2.1.9  It should be assumed for tender purposes that the following inputs to the project will be delivered in-house with external support where identified:

■  A project management proposal from initiation to completion identifying project team members, structures and timescales

■  Preparation of initial documentation for submission to Government Department

■  Preparation of PIN/OJEU Contract Notice

■  Preparation of PQQ and Evaluation Criteria

■  Preparation and Arrangements for Bidders Conference

■  Preparation of ISOS and Evaluation Criteria

■  Preparation of Draft ISDS and Evaluation Criteria, ISDS and CFT

■  Evaluations not specifically ascribed to adviser(s) and co-ordination of responses

■  Leadership of project teams and ongoing performance review

■  Contract Management

■  Administration and Communication requirements for Project including printing and publications (Bidders should confirm IT and e-mail compatibility).

■  Supporting financial evaluation of ISDS and CFT by advisors

■  Internal reporting and approvals including Interim and Final Business Case submissions

■  Debriefing unsuccessful bidders at key stages

■  Specific aspects of the legal advice required e.g. property-title and general corporate legal advice.