Provision of Legal Advice for the Procurement of a Strategic Estates Partnership

Oxleas NHS Foundation Trust provide a wide range of health and social care services in South East London, specialising in community health, mental health and learning disability services.

This procurement exercise seeks to appoint a legal adviser to support with the competitive dialogue process for provision of its Strategic Estate Partnership (SEP).

The Trust anticipates that the following tasks will be required to be undertaken and suppliers are expected to detail what they consider to be the necessary steps to proceed and identify gaps as well as propose solutions;

• Review of existing documents such as OJEU Contract Notice, PQQs, Memorandum of Information and draft Invitation to Participate in Dialogue (ITPD) and agree any minor amendments required to ITPD before issue.
• The Trust intends to shortlist 4 or 5 bidders and will require advice prior to the dialogue period commencing as to the requirements from the Trust and bidders and what the Trust can expect from the dialogue process.
• The dialogue period is to consist of a minimum of 5 meetings with each bidder.
• Review of agenda items and legal issues raised by bidders is required in advance of all dialogue meetings.
• Review of comments received from bidders on the legal documentation (excluding technical and financial aspects which will be dealt with by the Trust and its financial advisors).
• In liaison with the Trust’s Procurement Team, ensure compliance with EU Procurement Regulations throughout the process.
• Update legal documentation as required.
• Prepare draft Invitation to Submit Final Tenders (ISFT) and review in liaison with the Trust’s Project Team.
• Undertake review and evaluation of the ISFT responses in liaison with the Trust’s Project Team advising on legal and compliance issues and detailing the commercial terms of all final bids
• Provide evaluation report on the legal aspects of the final bids.
• Produce draft paper for the Trust Board recommending approval of the Preferred Bidder taking account of Trust Standing Financial Instructions and Standing Orders.
• Provide draft Preferred Bidder letter and review in liaison with the Trust’s Project Team.
• Advise on the actions required with the Preferred Bidder prior to completion.
• Produce contract documents in a timely fashion and distribute necessary.
• Liaise with the Trust’s Project Team, Evaluation Panel and Financial Advisor throughout the process.
• Produce draft Contract Award Decision Notices.
• Prepare engrossed contract documentation including all ancillary documents and oversee signing of all contract documentation by the Trust.