Public procurement notice: Contract Notice
Published: 2016-06-30
Buyer: London Borough of Hammersmith and Fulham
Country: UK
Contract type: Services
Procedure: Open procedure
CPV classification: 70000000 | 71315300 | 71324000: Quantity surveying services | 79111000 | 79140000
Submission deadline: 2016-08-26
Award criteria: The most economic tender

Technical requirements: On 23.1.2013 the Contracting Authority concluded a Conditional Land Sale Agreement (CLSA) with E C Properties Limited (the Buyer) and Earls Court Limited. The CLSA grants the Buyer an option to purchase land owned by the Contracting Authority in the West Kensington and Gibbs Green Estates, subject to the Buyer having provided suitable replacement accommodation. The CLSA contains detailed obligations on both parties as regards land assembly, and governing the standard and terms on which replacement accommodation is to be provided. It is a key principle of the option enshrined in the CLSA that every current lawful resident of the estates should have the opportunity to purchase or take a secure tenancy of a replacement dwelling, which will be of a superior standard to their current 1.
The CLSA is available online at: https://www.lbhf.gov.uk/planning/planning-applications/major-planning-applications/earls-court-planning-application/conditional-land-sale-agreement
To achieve this, the CLSA deals, in detail, with the terms for purchasing the properties owned by leaseholders (Owners), and the basis on which replacement properties will be available to purchase, including compensation packages and financing incentives to be offered by the Contracting Authority. It also sets out how the position of existing secure tenants will be protected by making sure that appropriate replacement dwellings are available. As part of the CLSA the Contracting Authority has prepared a series of contracts for use in the various transactions which are proposed, including the grant of new secure tenancies, and these contracts are to be agreed with solicitors representing the current residents and with the Buyer. Under the terms of the CLSA, and consistent with promises made to residents, the Contracting Authority is obliged to create and maintain panels of professional representatives to assist current leaseholders and secure tenants free of charge with these processes.
1. An independent panel of valuers is established to provide valuations for Owners under the purchase contracts;
2. An independent panel of valuers is established to resolve disputes in respect of valuations for Owners under the purchase contracts;
3. A panel of independent legal advisors to offer legal advice to Owners and Secure tenants with regard to their prospective entry into (and completion of) 1 of the purchase contracts.
The Council wishes to appoint a panel of 6 independent surveyors (whether an individual, a partnership or a company) for the purposes of assisting freehold and leasehold owners with independent valuations of their Existing Home and/or proposed Replacement Home in accordance with the mechanisms set out in the relevant contracts. Each surveyor appointed will be a Panel Valuer. It is the Council's intention that each of the Panel Valuers will receive an equal proportion of the work available under the purchase contracts. Panel Valuers will provide valuation advice to Owners in relation to the sale of their existing homes, and in relation to the purchase of replacement homes.
The Council wishes to appoint a panel of 6 independent surveyors (whether an individual, a partnership, or a company) for the purposes of resolving valuation disputes under the standard form contracts. The Panel Dispute Valuers will be appointed for the purposes of providing independent expert valuation advice to the leasehold and freehold Owners in relation to disputes between the Owners and the Council pertaining to valuations of their Existing Home and/or proposed Replacement Home in accordance with the mechanisms set out in the relevant contracts.
The Legal Panel will be appointed for the purposes of providing legal advice to Owners in relation to the sale of their existing homes and/or the purchase of a replacement home under the purchase contracts. The Legal Panel will also provide legal advice to third party occupiers in relation to the sale of existing homes, and to secure tenants in relation to the surrender of their existing secure tenancy and the grant of a new secure tenancy.
The Council's duty to pay the fees of the legal panel extends only to fees incurred in the negotiation and completion of the standard form contracts. It will not include fees incurred in giving any other advice, including (without limitation):
(i) Advice sought for the purposes of or in relation to any contracting party's non-compliance (or intention to not comply) with the contracts;
(ii) Advice sought in connection with the Council's use of compulsory purchase powers, or other land assembly processes; or
(iii) Any litigation regarding the Council's decision to enter into, or steps subsequently taken in compliance with, the CLSA.
Joint and several liability. Should the successful tenderer be a consortium of companies, the lead partner will be responsible for completing the commission on behalf of the consortium and all payments will be made to the lead partner for services rendered by the consortium. Support partners will be required to complete a collateral warranty agreement in favour of the Contracting Authority.
This tendering exercise is being undertaken using the electronic tendering system ‘capitalESourcing’ (url: www.capitalesourcing.com). Suppliers will need to register an interest on the system in order to participate, and registration is free.

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