Tender Specification NORTH EAST ACCESS TO FINANCE LIMITED (NEA2F) Procurement of Legal Services 2014-2017 Tender Reference: March 2014 Level 10 Baltic Place West South Shore Road Gateshead NE8 3AE Page 1 of 5
1. INTRODUCTION 1.1 Invitation to Tender The Contracting Authority for the purpose of this Invitation to Tender is North East Access to Finance Limited ( NEA2F or the Company ). You are invited to submit your proposals to the Company for the provision of legal services for a period of three years from 10 th April 2014, based on the specifications set out in this Invitation to Tender. Criteria for evaluation of bids are set out at section 5 below. All enquiries in connection with this tender should be addressed to James Arkless, Company Secretary and Compliance Manager, at james.arkless@nea2f.co.uk. 1.2 North East Access to Finance Limited NEA2F is a company limited by guarantee. Its registered office is Level 10, Baltic Place West, South Shore Road, Gateshead, NE8 3AE. NEA2F has responsibility for: Stewardship of the legacy from investment funds set up historically in North East England and maximising returns. Acting as the parent company to North East Finance (Holdco) Limited, which delivers the North East JEREMIE programme. Thought leadership, including research and strategic planning, relating to future Access to Finance provision in the region. Working with LEPs, other stakeholders and policy makers to encourage a co-ordinated approach to Access to Finance policy for North East England. Supervising the re-deployment of legacy returns from the historical investment funds that have operated in the region, and ultimately from FFBNE, into proposed new funds. Planning and supporting the implementation of successor funds to follow on from the current provision and ensuring continuity of Access to Finance provision in the region. Promoting Access to Finance in the region, and facilitating investor readiness support to help SMEs to access available sources of funding. Page 2 of 5
2. SPECIFICATION 2.1 Services Tenders are sought for the provision of the legal services as described below ( the Services ): Provision of accurate and timely legal advice to NEA2F and the subsidiary fundholding companies, except North East Finance (Holdco) Limited who appoint their own advisers. Supporting the Chief Operating Officer and Company Secretary to provide appropriate guidance to the Board and ensure compliance with legal and regulatory requirements. State Aid advice relating to publicly funded bodies and specifically venture capital funds. Procurement advice, including assistance with competitive tender processes. Advice on compliance with ERDF Regulations and conditions. Corporate advice, including supporting the Company Secretary on matters of corporate structures, limited partnerships and formation of subsidiaries. Advice on the transfer to NEA2F of legacy funds not currently in its legal ownership. General commercial matters, including advice on a variety of commercial contracts, funding agreements and contractual arrangements with fund managers. Up to date advice on staffing and employment law, including and NEA2F s duties and obligations as an employer and any employment disputes. Property transactions and negotiation of lease terms, if required. Advice in relation to any litigation or prospective litigation. Attending meetings with representatives of the Company or its Board as required. Complying with record keeping requirements and liaising with auditors and evaluators. Managing conflicts of interest. 2.2 Funding and additional work Some of the costs to which this Invitation to Tender relates may be funded by contributions from the European Regional Development Fund 2000-06 or 2007-2013 Programme. Advice on State Aid and procurement issues regarding the establishment of a corporate vehicle for the proposed new Fund of Funds is not included in this contract but will be procured in the near future. Legal and transactional work relating to setting up a new JEREMIE fund is not included in this contract, and is expected to be procured under a separate process in due course. Page 3 of 5
3. CONTRACTUAL ARRANGEMENTS 3.1 Fees Bidders are asked to provide hourly rates for delivering the Services in a cost-effective way. Bids should demonstrate a focus on value for money, and include proposals for work to be done on a fixed fee basis, particularly where it is routine in nature. 3.2 Term The contract will be for a period of three years from 10 th April 2014, subject to continued availability of funding. 3.4 Payment The Company will pay all invoices within 30 days of receipt, provided that the services to which the invoice relates have been performed fully in accordance with the contract. 4. TENDER SUBMISSION Please provide details of your proposed model for delivery of the Services, together with an indication of the resources you expect to devote to the contract. You should include details of the proposed team for delivering the contract, their roles, experience and track record. Bidders are asked to limit the overall length of their submission to 20 pages of A4 Two hard copies of your tender must be sent in a sealed envelope marked CONFIDENTIAL: TENDER DOCUMENTS ref: by 12.00 noon on Friday 21 st March 2014 to: James Arkless North East Access to Finance Limited Level 10, Baltic Place West South Shore Road Gateshead NE8 3AE An electronic copy of your tender should be e-mailed to james.arkless@nea2f.co.uk after the deadline has expired but within 24 hours of the deadline for submissions. To ensure a fair and transparent process, no other approach of any kind in connection with this tender should be made to anyone associated with NEA2F other than your formal tender documentation. Failure to comply with this may result in disqualification from the process. Page 4 of 5
5. AWARD CRITERIA Bidders should demonstrate expertise, evidence of innovative approaches to delivery and a commitment to value for money. The contract(s) will be awarded to the bidder who submits the most economically advantageous tender in respect of each of lot, evaluated against the following criteria: Criteria Weighting % Expertise and ability of the firm and named individuals to deliver the required 40 advice to a high standard Price and value for money 40 Quality of the proposal, added value and understanding of requirements 20 Bidders may be short-listed and invited to an assessment panel. Should this be the case, the Company will use the criteria above and revisit the original scores following interviews. 6. CONFIDENTIALITY You must not disclose to anyone else any information which will be contained in your tender submission before the decision on award of the contract is notified to you. You must not try to obtain any information about anyone else s tender submission or proposed submission before the decision on award of the contract is notified to you. You must not make any arrangement with another party about whether they should tender, or otherwise share details of tender prices with any other party. NEA2F March 2014 Page 5 of 5