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					           Estates Professional Services Framework Agreement
                                  SCHEDULE 3 – PART 1

                             THE SERVICES SPECIFICATION

1. The Property & Construction Suite of Framework Agreements

   1.1. Through the suite of Property and Construction Services Framework Agreements,
        OGCbuying.solutions seek to provide public sector customers with a full range of the
        private sector consultancy skills they may require to assist them in the whole life
        procurement of property and construction interests.

   1.2. In arriving at the content of each Agreement OGCbuying.solutions has tried to align
        services in a practical way, in accordance with how these services may come
        together in practice, to assist the development of longer-term Client / Service
        Provider relationships. There is some duplication of services between Agreements
        but this increases choice and flexibility without detriment to the overall aims.

   1.3. Service Providers employed under one Agreement may often have to work with
        other Service Providers. In these situations, all Service Providers will be expected to
        demonstrate their team working skills and commitment to partnering and
        collaborative working to ensure mutual benefits and the most successful outcome for
        the Client.

2. Estates Professional Services Framework Agreement

   2.1. This Framework Agreement brings together a number of Estates Services designed
        primarily to assist with requirements which occur independently of general
        management and can be seen as stand alone appointments. These can range from
        a full appraisal of an organisation’s business needs and existing holdings in an
        estate strategy, through to individual rent reviews or disposals. However, long-term
        relationships with Service Providers are encouraged and nothing in the terms of the
        Agreement precludes its use for regular advice and guidance.

3. Estates Services

   3.1. This Schedule 3 contains the Specification of the services that the Authority requires
        the Service Provider to offer to Clients in the Catalogue of Services.

   3.2. The Framework Provider shall, at the request of the Client, provide professional
        advice, guidance, negotiation and assistance on property and estates issues
        including, but not limited to the following list:

           Acquisition of freehold and leasehold property
           Disposal of freehold and leasehold property
           Rent reviews
           Lease breaks and lease expiries
           Lease renewals
           Dilapidations
           Landlord and Tenant issues including Landlord consents, service charges and
            claims
           Rating support services
           Strategic advice, including the preparation and development of an estate
            strategy
           Procurement strategy for property related issues
           Development consultancy and advice


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           Estates Professional Services Framework Agreement
                                  SCHEDULE 3 – PART 1

                             THE SERVICES SPECIFICATION

           Valuations
           Planning
           Condition surveys
           Service assurance
           Compulsory purchase
           Daylighting/sunlighting/overshadowing and rights of light
           Party wall awards
           Way-leaves and easements
           Other neighbourly matters
           General advice on estate and property management

   3.3. Additional Related Services

      3.3.1. Additional specialist support is available through other OGCbuying.solutions
             frameworks to support a number of the Estates Services available under this
             Framework.

4. Estates Professional Services Output Specification

   4.1. General Requirements

      4.1.1. The following requirements will apply to all services where they are relevant to
             the advice or recommendation being provided.

      4.1.2. When providing Estates Services under the Agreement, the Service Provider
             shall take full account of current legislation, Government Guidance and Best
             Practice (including but not limited to Achieving Excellence, Revitalising Health
             & Safety, Sustainable Development, Design Quality, Gateway reviews).

      4.1.3. The Service Provider shall ensure that any advice provided to the Client
             complies with these policies, with the current version of HM Treasury
             Evaluation and Appraisal in Government and is based upon the overall
             Exchequer best interest and Value for Money.

      4.1.4. The Service Provider shall take full account of any property or estate
             management strategy held by the Client and any OGC or Government wide
             Civil Estate Coordination issues.

      4.1.5. The Service Provider shall take cognisance of the requirement to use EPIMS
             (Electronic Property Information Mapping System), which is now a mandatory
             requirement for Government departments.

      4.1.6. In the provision of Estates Services, Service Providers will comply with the
             Royal Institution of Chartered Surveyors (RICS) Appraisal & Valuation
             Standards – 5th Edition and any other relevant RICS Codes of Practice and
             guidance.

      4.1.7. In the provision of Rating Support Services, Service Providers will comply with
             the RICS/IRRV/RSA Rating Consultancy Code of Practice
              http://www.rics.org/site/download_feed.aspx?fileID=3601&fileExtension=PDF



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  Estates Professional Services Framework Agreement
                            SCHEDULE 3 – PART 1

                       THE SERVICES SPECIFICATION

4.1.8. Prior to or upon receipt of Order (in accordance with Schedule 6) to undertake
       professional Estate Services, the Service Provider must provide an initial
       report setting out their detailed understanding of the brief, proposed approach
       to the task and fee proposal, and must agree the level of expertise and
       experience of the personnel to be involved with the Client. Detailed CVs
       should be provided to demonstrate their competence and capability to deliver
       the required service. Whilst wishing to retain continuity within instructions, it is
       recognised that there may be occasions where a change in personnel is
       required or even desirable. The Service Provider must ensure that any
       replacements are agreed with the Client and that suitable arrangements are
       made for handover to enable a smooth transition thus minimising any
       detrimental effect and avoiding any additional costs to the Client.

4.1.9. Whenever recommendations or advice are being given on financial
       settlements or valuations, the assessments should be fully supported with
       relevant data including comparable information of market transactions and
       costed breakdowns of other factors having an effect on value.

4.1.10. When terms are recommended for settlement there must be a clear and
        unambiguous written statement issued to the Client before the terms are
        accepted, that these are the best terms available and that they represent
        open market value. Any departure from these standard requirements must be
        fully justified.

4.1.11. Where Estates Services require a conclusion to be legally formalised the
        Service Provider will work with the Client’s appointed legal adviser, providing
        all necessary information and guidance to ensure a timely and satisfactory
        conclusion to the transaction.

4.1.12. If agreement cannot be reached on a dispute or on an independent third party
        to be appointed to settle a dispute then the President of the Royal Institution
        of Chartered Surveyors will be the default Arbitrator.

4.1.13. Where Estates Services result in any changes to the Clients estate, the
        Service Provider is to provide all necessary assistance and information to
        update the Clients property records.

4.1.14. In all leasehold transactions, reporting must take full account of the effect of
        the transaction on both the Landlord’s and Tenant’s interests, the scope for
        creating marriage value and the extent to which this has been obtained for the
        Client.

4.1.15. A formal Order has to be issued by the Client to the Service Provider before
        any chargeable Estate Services are to be undertaken.

4.1.16. The sections below specify the service required and outputs expected in
        respect of the various tasks that might be performed under this Framework
        Agreement. These are not detailed because the specification is output based
        rather than being prescriptive. The Service Provider will be able to use their
        own skills, experience and judgement in deciding how the Estates Services
        are to be performed, in conjunction with any Client specific requirements.


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                              SCHEDULE 3 – PART 1

                         THE SERVICES SPECIFICATION

4.2. Estates Services:

    In respect of 4.2.1 and 4.2.2 below acquisitions and disposals shall
    encompass all forms of transfer, including sale, purchase, transfer,
    assignment, letting and subletting

   4.2.1. Acquisition of freehold and leasehold property

      4.2.1.1. Following agreement on a procurement strategy, the Service Provider
               will undertake and manage a comprehensive search of available
               property solutions, including availability on the government estate. The
               Service Provider will be responsible for the identification of long lists and
               costed viable shortlists, surveys, negotiations, the production of a
               recommendation on the solution which best meets the requirement
               having taken account of all relevant whole life costs, and any other
               assistance in satisfactorily concluding the property transaction and
               acquiring the recommended asset.

   4.2.2. Disposal of freehold and leasehold property

      4.2.2.1. Where surplus property, space or holdings have been identified and, on
               receipt of an Order, the Service Provider will provide an initial report
               with budget costs, forecast incomes, anticipated outcomes and timings
               which take into account market conditions and risks, together with a
               recommendation to achieve the most favourable outcome for the Client.

      4.2.2.2. Following agreement with the Client, the Service Provider will undertake
               and manage the marketing and disposal through to a satisfactory
               conclusion for the Client and will provide a comprehensive final report to
               support a recommendation, including any need for clawback, with
               advice on amounts and mechanism.

   4.2.3. Rent reviews

      4.2.3.1. On receipt of an Order, the Service Provider will provide an initial report
               covering all significant facts, setting out actions, negotiating strategies
               and anticipated outcomes.

      4.2.3.2. Following agreement with the Client, the Service Provider will undertake
               and manage negotiations through to a satisfactory conclusion for the
               Client and will provide a comprehensive final report to support a
               recommendation on a figure for settlement.

      4.2.3.3. In the event that a satisfactory settlement cannot be reached, the
               Service Provider will advise on appropriate courses of action and
               represent the Client in any further proceedings.

   4.2.4. Lease breaks and lease expiries

      4.2.4.1. On receipt of an Order, the Service Provider will provide comprehensive
               and timely advice for the Client, as Landlord or Tenant, on the most
               appropriate course of action to be taken at an imminent break or expiry.

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                       THE SERVICES SPECIFICATION

             This can include Lease termination. Advice will take full account of the
             Client’s best interest, the statutory position, the Client’s estate strategy,
             business needs, the condition of the building and the state of the
             market.

4.2.5. Lease renewals

   4.2.5.1. On receipt of an Order, the Service Provider will provide an initial report
            covering all significant facts, setting out actions, negotiating strategies
            and anticipated outcomes.

   4.2.5.2. Following agreement with the Client, the Service Provider will undertake
            and manage negotiations through to a satisfactory conclusion for the
            Client and will provide a comprehensive final report to support a
            recommendation for agreement. Advice will take full account of the
            Client’s best interest, the statutory position, the Client’s estate strategy,
            business needs, the condition of the building and the state of the
            market.

4.2.6. Dilapidations

   4.2.6.1. On receipt of an Order, the Service Provider will provide comprehensive
            and timely advice for the Client, as Landlord or Tenant, on the most
            appropriate course of action to be taken on a dilapidations liability.
            Advice will take full account of the Client’s best interest, the statutory
            position, the likely future use of the property, the condition of the
            building and the Client’s financial position.

   4.2.6.2. Following agreement with the Client, the Service Provider will undertake
            and manage negotiations through to a satisfactory conclusion for the
            Client and will provide a comprehensive final report to support a
            recommendation on a settlement.

4.2.7. Landlord and Tenant issues including Landlord consents, service
       charges and claims

   4.2.7.1. Ensuring that the Client’s position as Landlord or Tenant is fully
            protected through the appropriate seeking, granting or use of licences,
            written approvals, consents, insurances etc.

   4.2.7.2. The provision of a full analysis and recommendations on service
            charges and other claims received by the Client including the results of
            any Landlord or Tenant negotiations or negotiations with third parties,
            which prove necessary.

4.2.8   Rating support services

        On receipt of an Order, the Service Provider will provide professional advice,
        guidance, negotiation and assistance on non-domestic rating issues.




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                    THE SERVICES SPECIFICATION

4.2.8.1 General administration

           This will include as a minimum:

              Checking rates bills for accuracy of fact and calculation
              Providing   forecasts      for   budgeting      purposes    including
               apportionments for lettings and estimates for new buildings

4.2.8.2    Baseline liability

           This will include as a minimum:

              Providing advice on baseline certificates and where appropriate
               challenging these to generate savings during transitional phasing

4.2.8.3    Full payment management

           This will include as a minimum:

              Providing a full service checking and paying Client rate bills
               including general administration and baseline liability services as set
               out above to ensure the Clients liabilities are correct and mitigated to
               the fullest extent without going to appeal and should include the
               potential initial consultation fees for compiled list and material
               change appeals as set out below and a proactive strategy to mitigate
               changes in liability arising from new buildings and alterations

 4.2.8.4   Compiled list appeals

           This will include as a minimum:

              Providing initial advice on the likelihood of success
              Lodging formal appeals against the rating assessment, and
               negotiating with the relevant body in an attempt to agree to a lower
               rateable value
              Forecasting and checking rate refund calculations from the Billing
               Authority
              Checking interest payment calculations issued by the Billing
               Authority
              In light of any such appeals exam the baseline certificate to
               ascertain whether this can be challenged to produce further savings
               (see 4.2.2 above)

4.2.8.5 Material change appeals

           This will include as a minimum:

              Giving advice on matters such as:
              Material change appeals
              Applications for void relief
              Applications for charitable relief


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                           SCHEDULE 3 – PART 1

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                Appropriate splits and mergers

   4.2.8.6 Lands/valuation tribunal hearings

             This will include as a minimum:

                Advising the Client as soon as it becomes apparent that a suitable
                 agreement can not be achieved through the normal appeal process
                Recommending the most appropriate course of action to be taken
                 and advising fully on the positive and negative implications
                Consulting on the procurement of external assistance, for example
                 appointing legal support
                Professional support at Tribunals
                Advising on the potential costs that will flow from such action

   4.2.8.7 2010/2015 Revaluation

             Given the antecedent valuation date of 1 April 2008 and 2013 as
             appropriate the Service Provider may be required to:

              Give advice on the revaluation process
              Formulate a proactive “Right First Time” strategy to mitigate changes in
               liability arising from the revaluation process
              Give advice on the likely financial impact of the revaluation

4.2.9 Strategic advice, including the preparation and development of an estate
      strategy

   4.2.9.1 The Service Provider will work with the Client to provide appropriate
            strategic advice and/or develop a comprehensive estate strategy setting
            out the business need and justification, any existing estate options and
            implications, procurement and funding options and a recommended way
            forward which demonstrably best represents whole life value for money.
            The evidence will be underpinned with full risk and benefits analysis to
            allow the Client to make informed decisions.

   4.2.9.2    Advice can be provided in many areas including but not limited to the
             following areas:

                Asset management
                Development appraisal
                Investment appraisal / advice
                Regeneration

4.2.10 Procurement strategy for property related issues

   4.2.10.1 Following the agreement of a specific business need resulting in a
            property requirement, the Service Provider will assess all aspects of the
            requirement and provide advice on the procurement strategy that best
            provides the optimum, value for money solution. Options may include
            PFI/PPP, temporary accommodation and serviced accommodation.


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   4.2.10.2 Advice may also be required on:

             Whole life investment appraisals
             Private funding of rationalisation schemes and property projects
             Market trends and rental forecasts
             Tax implications
             Risk transfer
             Residual values
             Development Agreements
             Developer selection
             Estate Rationalisation and Review
             Funding

4.2.11 Development consultancy and advice

      Assessment of private sector demand/market interest, the preparation of
      development and marketing briefs, the marketing and promotion of the
      development opportunity, the undertaking of masterplanning/feasibility work
      (possibly linking to the planning work area), the undertaking of valuations and
      development appraisals, advice on site assembly (linking to compulsory
      purchase), advice on delivery vehicles/mechanisms and implementation
      strategies, developer/partner selection.

4.2.12 Valuations

   4.2.12.1 Valuations to the appropriate Framework standards (including RICS
       standards) are to be provided by the Service Provider where necessary in the
       provision of Estate Services outlined above. Clients may require independent
       stand alone valuations which can take a number of forms including:

         Full valuations
          In accordance with RICS Appraisal & Valuation Standards (Red book) –
          capital and rental values,

         Desk top
          Based upon property information provided by the Client, without the need
          for inspection – capital and rental values,

         Capital Charge
          For internal charging purposes. Valuations to be based upon current open
          market existing use value, alternative use value where that is greater, and
          apportioned between land and buildings, with an assessment of remaining
          economic life.

         Independent ‘check’ valuations
          Verification of capital and rental values.




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  Estates Professional Services Framework Agreement
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                     THE SERVICES SPECIFICATION

4.2.13 Planning

   4.2.13.1 Town and Country planning advice and consultation is to be provided by
            the Service Provider where necessary in the provision of Estate
            Services outlined above. Clients may require independent planning
            information and advice including consultations and negotiations with
            planning authorities and the submission of formal applications, notices,
            appeals and section 106 agreements

4.2.14 Condition surveys

   4.2.14.1 Survey data is to be provided by the Service Provider where necessary
            in the provision of Estate Services outlined above. Clients may require
            independent detailed surveys and reports on the current condition of a
            property or asset including estimates of costs and priorities to bring the
            property to an agreed acceptable standard, optimum timing of
            maintenance and repairs, statutory obligations (including asbestos and
            DDA), Health & Safety issues/risks and whole life costs.

4.2.15 Service assurance

   4.2.15.1 Service Providers are to provide Estate Services to the professional
            standards expected in Clause 9 of Schedule 2A. Clients may require the
            provision of independent assurance or ‘second opinions’ on any of the
            Services under this Agreement which may be being provided by another
            Service Provider. This could include performance measurement through
            Client Satisfaction Indicator’s and the setting/agreement of targets for
            incentivisation.

4.2.16 Compulsory purchase

   4.2.16.1 On receipt of an Order, the Service Provider will provide compulsory
            purchase advice. This will include, but not be restricted to, procedural,
            and negotiation advice. In circumstances where the Client wishes to
            promote a compulsory purchase order (CPO) to obtain powers to
            compulsorily acquire land from third parties the Service Provider will
            provide strategic and procedural advice on how to obtain those powers.
            In these cases the Service Provider will advise on all stages of the CPO
            process from inception through, public inquiry, possession and
            subsequent negotiation of property acquisition and compensation, if
            necessary by referral to the Lands Tribunal. In addition to this they may
            be a requirement for the negotiation and settlement of Part 1 claims.

   4.2.16.2 In cases where the Client owns or occupies land which is subject to a
            CPO being promoted by another body the advice will include potential
            objection to the CPO and appearance at public inquiry, if appropriate. It
            will also include negotiation for the sale of land and settlement of
            compensation, if necessary by referral to the Lands Tribunal.




                               Page 9 of 12
  Estates Professional Services Framework Agreement
                           SCHEDULE 3 – PART 1

                     THE SERVICES SPECIFICATION

4.2.17 Daylighting/sunlighting/overshadowing and rights of light

   4.2.17.1 On receipt of an Order, the Service Provider will provide
            daylighting/sunlighting/overshadowing advice when a planning
            application is being made. This will cover an analysis of how adjoining,
            properties are affected by the scheme and provide data to ensure that
            any residential accommodation in the scheme complies with the British
            Standard on Lighting.

            In the case of rights of light, advice can be given when analyses are
            carried out to show what adjoining properties might loose light as a
            result of the scheme.

4.2.18 Party wall awards

   4.2.18.1 On receipt of an Order, the Service Provider will provide advice either
            when the client is the building owner developing a site but also when
            notices are served on the client as an adjoining owner to a development
            site

            Advice can be given so notices are served at the right time and awards
            entered into as required. Detailed schedules of condition are prepared.

4.2.19 Way-leaves and easements

   4.2.19.1 On receipt of an Order, the Service Provider will provide an initial report
            covering all significant facts, setting out actions, negotiating strategies
            and anticipated outcomes.

   4.2.19.2 Following agreement with the Client, the Service Provider will undertake
            and manage negotiations through to a satisfactory conclusion for the
            Client and will provide a comprehensive final report to support a
            recommendation on a figure for settlement.

   4.2.19.3 In the event that a satisfactory settlement cannot be reached, the
            Service Provider will advise on appropriate courses of action and
            represent the Client in any further proceedings.

4.2.20 Other neighbourly matters

   4.2.20.1 On receipt of an Order, the Service Provider will provide an initial report
            covering all significant facts, setting out actions, negotiating strategies
            and anticipated outcomes with respect to boundary disputes, crane and
            scaffold oversailing.

   4.2.20.2 Following agreement with the Client, the Service Provider will undertake
            and manage negotiations through to a satisfactory conclusion for the
            Client and will provide a comprehensive final report to support a
            recommendation on a figure for settlement.




                              Page 10 of 12
         Estates Professional Services Framework Agreement
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                            THE SERVICES SPECIFICATION

          4.2.20.3 In the event that a satisfactory settlement cannot be reached, the
                   Service Provider will advise on appropriate courses of action and
                   represent the Client in any further proceedings.

       4.2.21 General advice on estate and property management

          4.2.21.1 The Client may Order advice on all aspects of estate and property
                   management to support the Client in the delivery of their statutory,
                   regulatory and business objectives.

Client Satisfaction Indicators (CSI’s)

              CSI’s are measurements of performance and are used either to establish
              benchmarks, to allow comparisons to be made between the performance of
              various parties carrying out a similar activity, or to set a target performance
              level.

              In this Framework Agreement, the primary aim of the indicators is to provide
              the less frequent user with a simple measure of the adequacy of the Estate
              Services being delivered. The CSI’s will be measurable, giving Service
              Providers a regular reminder on key elements of the output required and
              OGCbuying.solutions will also be able to use the results as part of their
              framework review discussions with Service Providers.

              The indicators proposed are high level and designed to cover all Services,
              leaving room for Clients to add their own, more rigorous measures to suit the
              job in question.

              Possible CSI’s

                 The provision and adequacy to the Client of regular updates on progress
                  of the Service, particularly highlighting any risks or market movements,
                  which may affect programme or financial forecasts.

                 The extent to which the final financial outcome differs from the initial
                  forecast.

                 The quality of reporting which should be objective, unambiguous and
                  readily understood by the Client, fully justified and with clear
                  recommendations to allow informed decision making.

                 The collaborative working skills exhibited by the Service Provider working
                  with the Client team and other specialist advisers.

                 The incorporation of relevant government policy and best practice
                  guidance and initiatives in all aspects of the provision of Services and the
                  promotion and positive use of such guidance whenever possible.




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      Estates Professional Services Framework Agreement
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                        THE SERVICES SPECIFICATION

4.3      Additional Related Services

      4.3.1   The following specialist services are available under OGCbuying.solutions
              framework for services related to Property and Facilities Management
              Services.

             The design and preparation of detailed drawings and specifications for
              works and alterations to support applications for Landlord consent
             The management of sub-lets




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