---
title: "Legal Advisor for Birmingham Smithfield Regeneration Project"
ocid: "ocds-h6vhtk-0299cf"
canonical_url: "https://d3tenders.com/contract/?ocid=ocds-h6vhtk-0299cf"
markdown_url: "https://d3tenders.com/contract/ocds-h6vhtk-0299cf.md"
json_url: "https://d3tenders.com/contract/ocds-h6vhtk-0299cf.json"
source: "Find A Tender Service"
current_stage: "Award"
buyer: "BIRMINGHAM CITY COUNCIL"
published: "2021-03-09"
---

# Legal Advisor for Birmingham Smithfield Regeneration Project

Buyer: BIRMINGHAM CITY COUNCIL  
Current stage: Award  
OCID: ocds-h6vhtk-0299cf

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## Summary

Birmingham City Council is currently undertaking a legal advisory contract for the Birmingham Smithfield Regeneration Project. This tender, titled "Legal Advisor for Birmingham Smithfield Regeneration Project," is classified under the legal advisory services category and is located in Birmingham, UK. The procurement method being utilised is a limited tender process negotiated without prior publication of a contract notice, as per relevant public contract regulations. The award of this contract was completed on 23rd November 2016, with the contract value amounting to £201,011. This stage of procurement focuses on providing essential legal advice to navigate the complexities inherent to the project's progression.

This opportunity presents a significant prospect for legal firms specialising in public procurement, contract law, and development agreements, particularly those experienced with large-scale urban regeneration projects. Businesses well-suited to compete for this tender should have a proven track record in delivering high-quality legal services and the capability to manage complex legal frameworks involving joint ventures and public infrastructure regulations. Firms that can demonstrate their past performance in similar projects may find this an advantageous fit to enhance their business growth and service delivery within the public sector landscape.

## Notice

This is a VEAT notice of Birmingham City Council's ('Council') intention to enter into a Contract Variation of the legal advice with the incumbent supplier following a period of 10 days from the date of publication of this notice. The Contract Variation provides for additional legal advice required to conclude the contract for the Smithfield Regeneration Project.

### Lot Information

Lot 1

The Council requires legal advice that supported the procurement process for the Smithfield Regeneration Project and awarded a contract following a further competition exercise using the Crown Commercial Service Legal Services Framework Agreement in December 2016 for a 4 year period. The services were as follows: * Assistance in developing operational model options providing advice on the legal implications to the Council * Identify appropriate forms of development/investment partner contract/agreement(s) providing advice on the legal implications to the Council * Provide legal advice for general corporate matters including Company law, Joint Ventures, Taxation (including VAT) and Venture capital advice * Assist in drafting development/investment partner contract/agreement(s) * Assist in executing development/investment partner contract/agreement(s) * Provide legal advice on Property and Estates matters including Acquisitions and disposals (including relevant tax advice), Compulsory purchases, Leases, licences and conveyancing, Landlord and tenant matters, Site re-developments/ property development * Provide legal advice on General Commercial matters including Public Procurement, Contract advice or drafting, PPP/PFIs including project finance, Partnering/ alliance arrangements, Outsourcing/contracting out of services, Competition law, Regulatory law and Public infrastructure regulation Further legal advice and enhanced due diligence is needed to continue to efficiently and effectively deal with the complexities of the procurement to protect the Council's interests, maximise value for money and reduce the level of risk exposure for the process to the entering of the contract with the Development Partner. The additional complexities identified throughout the process were unforeseen, in particular due to the size and profile of the development. These additional services include: * Dealing with Land Registry enquiries, reviewing title deeds and preparing land registry applications. * Negotiating and finalising the Joint Venture Agreement, Site Assembly Agreement, form of Phase Development Agreement, [Phase] [Leases], and related ancillary documents Construction documents namely - JCT design & build contract, JCT design & build sub-contract, Construction Management Agreement, Trade Contract, Parent Company Guarantee, and a Performance Bond to formally appoint the Development/Investment Partner for Birmingham Smithfield. * Preparing a tailored EZ Funding Agreement to appropriately extend the Council's EZ capital funding obligations onto the Development Partner. Consequently, the project has proved to be more complex and is taking longer to finalise than originally envisaged. The recommended supplier has provided a satisfactory level of service to date and to ensure the continuity of the high quality legal advice it is vital for the successful delivery of this complex project. It would also eliminate the inherent unacceptable risk of inconsistent legal advice, duplication of costs, and significant delays to the project if the service were to be competitively procured resulting in a change to the supplier.

### Procurement Information

Regulation 72(1)(b) PCR: For the reasons set out in II.2.4 above, the provision of additional services has become necessary and a change of provider: (i) cannot be made for economic and technical reasons due to the complexity of the project during the preferred bidder stage and the need to consistent legal advice that is vital for one of the Council's major developments to supporting the economic growth of the city; and (ii) would cause significant inconvenience and substantial duplication of costs for the Council in terms of the likely delays and increased risks of involving a new provider. The Council further considers the proposed extensions to be lawfully permitted in accordance with Regulation 72(1)(c) of PCR on the basis that: (i) the need for the additional advice has fully crystallised following scope changes to the project which the Council could not have foreseen; and (ii) the services to be provided by the incumbent will remain consistent and there will be no alteration to the overall nature of the Contract. The Council will publish a Modification Notice pursuant to Regulation 72(3) of PCR.

## Key Details

| Field | Value |
| --- | --- |
| Publication source | Find A Tender Service |
| Latest notice | https://www.find-tender.service.gov.uk/Notice/004702-2021 |
| Notice type | Award Notice |
| Procurement type | Standard |
| Procurement category | Services |
| Procurement method | Limited |
| Procurement method details | Negotiated without publication of a contract notice |
| Tender suitability | Not specified |
| Awardee scale | Large |
| All stages | Award |

## Dates

| Field | Value |
| --- | --- |
| Publication date | 9 Mar 2021 |
| Submission deadline | Not specified |
| Future notice date | Not specified |
| Award date | 23 Nov 2016 |
| Contract period | Not specified |
| Recurrence | Not specified |

## Values

| Field | Value |
| --- | --- |
| Tender value | Not specified |
| Lots value | Not specified |
| Awards value | Not specified |
| Contracts value | £201,011 |

## Status

| Field | Value |
| --- | --- |
| Tender status | Complete |
| Lots status | Not specified |
| Awards status | Active |
| Contracts status | Active |

## Buyer

| Field | Value |
| --- | --- |
| Main buyer | BIRMINGHAM CITY COUNCIL |
| Locality | BIRMINGHAM |
| Post town | Birmingham |
| Postcode | B4 7WB |
| Country | England |
| ITL 1 | TLG West Midlands (England) |
| ITL 2 | TLG3 West Midlands |
| ITL 3 | TLG31 Birmingham |
| Local authority | Birmingham |
| Electoral ward | Newtown |
| Westminster constituency | Birmingham Ladywood |
| Delivery location | TLG West Midlands (England) |

## Supplier

| Field | Value |
| --- | --- |
| Number of suppliers | 1 |
| Supplier names | BEVAN BRITTAN |

## CPV Codes

### Divisions

- 79 - Business services: law, marketing, consulting, recruitment, printing and security

### Codes

- 79111000 - Legal advisory services

## Release History

- 9 Mar 2021 at 13:00 - Award - Award Notice - https://www.find-tender.service.gov.uk/Notice/004702-2021

## Notice URLs

- http://www.finditinbirmingham.com
- http://www.in-tendhost.co.uk/birminghamcc
- https://www.bevanbrittan.com/

## Provenance

This Markdown file is an alternate public rendering of the D3 Tenders contract record. The canonical page is https://d3tenders.com/contract/?ocid=ocds-h6vhtk-0299cf. The underlying structured data is available as OCDS JSON at https://d3tenders.com/contract/ocds-h6vhtk-0299cf.json.