framework brief - healthtrust europe€¦ · journal of the european union (2014/s 245-432379) ......
TRANSCRIPT
FRAMEWORK BRIEF
Legal Services
Page 1 of 9
FRAMEWORK OVERVIEW The HealthTrust Europe (HTE) Legal Services framework agreement offers a simple, compliant route to market for the
procurement of quality legal services at competitive rates. The framework is entirely free to access and offers public
sector users the flexibility of allowing both direct call-off and further competition.
HTE has established a real value-driven offering with built-in discounts and value-added services, available throughout
the life of the framework, and our staff will provide advice and support during the transfer process.
HTE procured this framework agreement in compliance with the restricted procedure set out in the Public Contract
Regulations 2006, and the EU Directive (2004/18/EC). The framework agreement was publicly advertised in the Official
Journal of the European Union (2014/S 245-432379) on 19 December 2014 under the restricted procedure.
• Free to Access
• Compliant Route to Market
• Quick and Easy Sign Up Process
• A Wide Range of Expertise Available
• Discounts and Flexible Rate Options
• Various Access Levels
• Free Advice, Training and Other Added Value Services
• Secondment Services
• Assigned Support
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SERVICES INCLUDED
The 8 lots under the Legal Services framework include the following, as well as any service that could properly be described as relating to each lot:
Lot 1 - Corporate Governance
• Board Administration and Procedures
• Board Recruitment, Appraisal and Training
• Clinical Governance
• Data Protection Act
• Director Roles, Responsibilities and Liabilities
• Freedom of Information Act (FOIA)
• Human Rights Act
• International Law
• Legal Structure and Governance Structure
• Policy Development, Implementation and Review
• Research Governance
• Statutory, Regulatory Guidance and Constitution
Lot 2 - Healthcare Law
• Capacity and Consent
• CCG Contracting for Primary Care Practitioners e.g. Alternative Provider Medical Services (APMS), General Medical Services (GMS), Personal Medical Services (PMS)
• Charging for Healthcare Services
• Clinical Negligence
• Commissioning
• Community Provision
• Complaints Advice
• Confidentiality
• Continuing Care and Social Care
• Detention and Discharge
• Direct Payments for Healthcare
• Mental Health Act
• Organ Donation, Retention and Transplantation
• Patient Mobility and Access to Healthcare
• Patients’ Property
• Performers List Management – NHS England Area and PHL First Tier Tribunal appeals
• Primary Care Regulation
• Prison Health
• Safeguarding and Welfare of Children and Vulnerable Adults
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Lot 3 - Contract and Commercial Law
• Charitable Trusts
• Company Law
• Competition Law
• Contracts with Other Public Sector Bodies
• Contracts with Private Sector Bodies
• Corporate Insolvency Law
• Formation of Bodies Corporate
• Income Generation and/or Private Patients
• Non-Legally Binding Service Level Agreements between NHS Bodies
• Outsourcing/Contracting Out of Services
• Public Procurement
• Regulatory Law
• State Aid
Lot 4 - Employment, Pensions and Employee Related Tax Law
• Employee Contracts and Payments
• Employment Agencies and Bank Staff
• Employment Law Advice
• Employment Policies
• Employment Tribunals
• Health Professional Practice Advice
• Immigration Issues
• Industrial Action
• Organisational Change and Development
• Outsourcing/Contracting Out
• Pensions and Severance Packages
• Reward Schemes
• Taxation
• TUPE
Lot 5 - Property Law and Estates
• Acquisition and Disposal of Land and Property
• Building and Planning
• Building Contracts, Infrastructure and Construction Law Advice
• Estate Code and Estate Management Advice
• Landlord and Tenant Matters
• Leases, Licenses & Conveyancing
• Lettings
• Rent and Rates
• Reimbursement for GP Premises
• Shared Services
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Lot 6 - Corporate Finance and Private Finance Initiative/ Public Private Partnership Law
• Banking, Bonds and Guarantees
• Charitable Funds and Legacies
• Corporate Finance Including IPOS, Venture Capital Advice, Joint Ventures, Franchising, Mergers and Acquisitions
• Cross Border and Multi-Jurisdictional Finance Structuring and Documentation
• ISDA Documentation
• Loan and Credit Agreements
• Local Improvement Finance Trusts (Lift)
• PPPS and Project Finance
• Project Planning & Finance Structuring
• Security and Investment
Lot 7 - Intellectual Property, IT, Telecoms, Media and eCommerce Law
• Clinical Trials, Medical Research Agreements and Regulatory Advice
• Internet Defamation and Cybersquatting
• E-Commerce
• Filming, Performance, Image Rights and Publication Issues
• Hardware and Software Agreements
• Outsourcing Agreements
• Intellectual Property Advice on Brand Protection - Patents, Copyright, Trade Marks and Designs
• Intellectual Property Audits
• Medical Device Innovation and Regulation
• Pharma and Life Sciences Issues
• Protection and Exploitation of Inventions, Multi-Media and E-Learning Products, Documentation, Knowledge and Data
• Website Development and Hosting Agreements
Lot 8 - Environmental Law
• Carbon Emission Trading
• Climate Change
• Complex Regeneration
• Contaminated Land
• Dangerous Substances
• Environmental Appeals, Warranties, Indemnities and Insurance
• Environmental Impact Assessments and Planning
• European Union Law
• PPC and IPC Regulation
• LAAPC & LAPC Regulation
• Land Drainage
• Landfill & Mineral Leases
• Renewable Energy
• Risk Assessment and Management
• Waste Regulation
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FRAMEWORK SUPPLIERS Below shows an overview of the Legal Suppliers awarded to the framework and detail the lots under which they supply.
Updated in line with the extension period 23rd December 2017- 22nd December 2018
Lot
1 –
Co
rpo
rate
Go
vern
ance
Lot
2 -
He
alth
care
Law
Lot
3 -
Co
ntr
act
and
Co
mm
erc
ial L
aw
Lot
4 -
Em
plo
yme
nt,
Pe
nsi
on
s an
d E
mp
loye
e
Re
late
d T
ax L
aw
Lot
5 -
Pro
pe
rty
Law
an
d E
stat
es
Lot
6 -
Co
rpo
rate
Fin
ance
an
d P
riva
te F
inan
ce
Init
iati
ve/
Pu
blic
Pri
vate
Par
tne
rsh
ip L
aw
Lot
7 -
Inte
llect
ual
Pro
pe
rty,
IT,
Te
leco
ms,
Me
dia
an
d e
Co
mm
erce
Law
Lot
8 -
En
viro
nm
en
tal L
aw
Bevan Brittan LLP ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Bird & Bird LLP ✓ ✓ ✓ ✓
Browne Jacobson LLP ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Capsticks Solicitors LLP ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Clyde & Co LLP ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
DAC Beachcroft LLP ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Hempsons Ltd ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Hill Dickinson LLP ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Kennedys Law LLP ✓ ✓
Nplaw, Norfolk County Council ✓ ✓ ✓
Pinsent Masons LLP ✓ ✓ ✓ ✓
Potter Clarkson LLP ✓
RadcliffesLeBrasseur ✓ ✓ ✓ ✓ ✓
Sharpe Pritchard LLP ✓ ✓ ✓ ✓
Staffordshire County Council - Staffordshire Legal Services ✓
✓ ✓ ✓ ✓ ✓
Ward Hadaway Partnership ✓ ✓ ✓ ✓ ✓ ✓ ✓
Weightmans LLP ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Framework Status Key: Provider available against this Lot ✓ Provider not available against this Lot
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KEY BENEFITS
Free to Access:
Customers do not pay any fees to access this framework, it is
free of charge.
Compliant Route to Market:
The framework will save procurement time and costs. It is
fully compliant with the Public Contracts regulations and with
EU Procurement Directives so you do not have to carry out a
full EU compliant tender yourself which is very costly and time
consuming.
Quick and Easy Sign Up Process:
The process is straightforward and simply requires that an
order form/access agreement be exchanged to ensure your
compliance. This is a quick and easy process via electronic
means. Once you have been registered to access the
framework agreement, a call off can be made either by direct
award for standard services or further competition
(competed services).
Wide Range of Expertise Available:
The framework agreement includes specialist suppliers each
vetted to ensure maximum quality across 8 areas of law:
Corporate Governance, Healthcare Law, Contract and
Commercial Law, Employment, Pensions and Employee
Related Tax Law, Property Law and Estates, Corporate
Finance and Private Finance Initiative/ Public Private
Partnership Law, Intellectual Property, IT, Telecoms, Media
and eCommerce Law and Environmental Law.
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Discounts and Flexible Rate Options:
Each supplier appointed to the framework agreement has
tendered a variety of rates in order to offer flexibility and
choice to customers to match their requirements. These
include fixed hourly rates, blended rates, capped rates and
fixed fee options for projects or long-term engagements.
Having the option to run a mini-competition provides the
customer with the opportunity for reduced pricing and the
availability of prompt payment discounts as well as volume
discounts which create even greater value. Prices will not
increase throughout the life of the framework providing
added assurance.
Various Access Levels:
The framework offers customers the flexibility to access the
framework for standalone short-term pieces of work or
longer-term call-offs over several years.
Free Advice, Training and Other Added
Value Services:
The framework offers a range of added value services
including free legal training courses, free minutes for the use
of the telephone hotline and free written advice. The length
of un-chargeable time will vary by supplier.
Secondment Services:
Customers may request the services of suitably qualified
secondees for an agreed predetermined timescale. The
supplier should make the service available whether in the
form of general support, for a specific project or fixed period.
This may come free of charge depending on the requirement.
Assigned Support:
HTE will provide support for call-off processes and the
ongoing management of agreements.
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ACCESS TO THE FRAMEWORK Legal services can be accessed via this framework by all public sector bodies, including:
• Central Government Departments and their executive agencies
• Non-Departmental Public Bodies (NDPBs)
• National Health Service (NHS) bodies
• Health Boards, NHS Trusts, Community Health Councils and other constituent bodies of the NHS in Wales
• NHS Scotland and its constituent bodies
• Health and Social Care Trusts, Health Agencies and other constituent bodies of the NHS in Northern Ireland
• Local Authorities
• Police Forces and other emergency services
• Educational establishments
• Registered social landlords (RSLs)
• Registered Charities
• Devolved and other administrations within the British Isles
• Her Majesty’s Prison Service
• The Ministry of Defence Once you have been set up to access the framework agreement, a call off can be made by direct award or by reopening competition to determine the most suitable supplier to meet your individual requirements for legal services. Different fee arrangements (such as fixed or capped fees) may also be implemented with suppliers depending on the Authorities’ requirements.
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FAQS
1. What should I do next? For new customers, registration is quick and easy. Contact our Customer Care team on 0845 887 5000 or email [email protected] For existing customers talk to your Account Director for further details. Once you have made the decision to use the agreement, transfer can be completed promptly.
2. How can I be sure that this framework agreement can be used by my organisation and remain compliant? The framework agreement was publicly advertised in the Official Journal of the European Union (2014/S 245-432379) on 19 December 2014. Each of the successful bidders has been rigorously vetted in terms of their quality and value propositions through a series of qualification, technical and commercial responses requested for evaluation. A copy of the OJEU notice can be obtained by contacting our Customer Care team on 0845 887 5000 or email [email protected]
3. What do I do if the supplier that my organisation uses is not on the framework?
Please email HTE’s Customer Care team at [email protected] providing as much information as possible regarding the services required (i.e. supplier name, requirement, current rates paid excluding VAT). The Customer Care Team will liaise with the Category Team to address your requirements. The Category Team will verify whether your requirements can be met by another supplier on our framework.
4. How long is the framework valid for? The framework went live on the 23 December 2015 for an initial duration of 2 years. There is the option to extend for 12 months with an additional 12 months thereafter at HTE’s discretion – a total extension of 24 months. HealthTrust Europe LLP has extended the framework agreement for 12 months, 23rd December 2017 – 22nd December 2018. Call-off contracts formed during the life of the current framework agreement may extend beyond the framework expiry date.
For further information regarding this framework agreement, please speak to your Account Director.
Alternatively, please contact the Customer Care team on 0845 887 5000, or by email at