Expert Witness Service for Thames Water

Expert Witness Service for Thames Water

The aim of this procurement is to establish an Independent Compensation Panel (ICP), which will consist of a Chairperson and a framework of experts in the following fields: a) Noise and vibration experts; b) Transport planners;
c) Chartered building surveyors; d) Chartered quantity surveyors; e) Chartered engineers.


United Kingdom-Reading: Expert witness services

2014/S 129-231768

Contract notice – utilities

Services

Directive 2004/17/EC

Section I: Contracting entity

I.1)Name, addresses and contact point(s)

Thames Water Utilities Limited (TWUL)
Procurement Support Centre – 3rd Floor East, C/O Mail Room, Rose Kiln Court
RG2 0BY Reading
UNITED KINGDOM
E-mail: procurement.support.centre@thameswater.co.uk

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Main activity

Water

I.3)Contract award on behalf of other contracting entities

The contracting entity is purchasing on behalf of other contracting entities: no

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting entity:

5LYG.C.ICP Independent Compensation Panel.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 27: Other services
Main site or location of works, place of delivery or of performance: London.

NUTS code UKI

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 40

Duration of the framework agreement

Duration in years: 10

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT
Range: between 450 000 and 1 000 000 GBP

II.1.5)Short description of the contract or purchase(s):

The Thames Tideway Tunnel (“TTT”) has been specified by the Department of Environment, Food and Rural Affairs (“Defra”) as a “specified infrastructure project” pursuant to the Water Industry (Specified Infrastructure Projects)(English Undertakers) Regulations 2013 (the “SIP Regulations”). The effect of this is that Thames Water Utilities Limited (“TWUL”) must tender the finance, design, construction and operation of the TTT. The successful bidder will be an “infrastructure provider” (“IP”) as defined in the SIP Regulations and will have be licenced and regulated by the Water Services Regulation Authority (Ofwat) pursuant to the SIP Regulations. TWUL published an OJEU notice for the TTT on 14.6.2014. TWUL is carrying out certain preparatory work for the TTT as permitted by the preparatory work notice issued by Defra pursuant to the SIP Regulations. Further details of the TTT project can be found on the project’s website: www.thamestidewaytunnel.co.uk

The TTT project recognises that those who live or work close to the construction sites may be impacted by the construction works and has introduced a series of Non Statutory compensation policies and procedures (The Policies) to deal with certain situations that arise. These are:
— Non Statutory off site mitigation and compensation Policy;
— Exceptional hardship procedure;
— Settlement Information Paper.
The project recognises that in order to give confidence that the processes are impartial and transparent in every respect regarding compensation and has committed to set up an Independent Compensation Panel (ICP) to give independent advice and decision making regarding claims under and on the above policies or procedures.
Thames Water has entered into legal agreements with each of the 14 affected London Boroughs which have the effect of legally securing the Non Statutory Policies and the processes involved.
The aim of this procurement is to establish an Independent Compensation Panel (ICP), which will consist of a Chairperson and a framework of experts in the following fields:
a) Noise and vibration experts;
b) Transport planners;
c) Chartered building surveyors;
d) Chartered quantity surveyors;
e) Chartered engineers;
f) Residential chartered surveyors/ estate agents;
g) Medical advice;
h) Legal advice.
This notice relates to the procurement of 1 contract for a chairperson and Framework Agreements for the 8 expert areas listed above, each with multiple suppliers. The chairperson should have a minimum of 20 years’ experience of adjudication in urban projects, the framework suppliers should each have a minimum of 15 years’ experience in their respective field.
Due to the nature of the services there is no guarantee of any volume of work even if a contract is awarded. The Contracting Entity gives no guarantee or warranty that either TWUL or the IP will continue to use this contract in the long term and break clauses will be included in the contract accordingly. It is anticipated that the contracts will be novated to the IP once it is licensed. Any novation shall be at the IP’s discretion. Should the contract be novated the contract shall retain a right of call off for TWUL.
Interested organisations should refer to II.2 (Quantity or scope) and VI.3 (Additional information) and to the PQP for further information on the description of the Services, the Project and the Contract.

II.1.6)Common procurement vocabulary (CPV)

71319000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): no

II.1.8)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for one or more lots

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The Contract is to appoint the ICP to review and assess compensation claims arising out of the construction of the project, consisting of a chairperson and a framework of experts.
With regard to each claim the chairperson will select two experts (as appropriate to the nature of the claim or matter) from the expert advisory panel to assist him/her with assessing and advising on the matter.
As well as individual compensation claims the ICP will also be required to assess and ratify the Trigger Action Plans (TAPs), developed pursuant to project policies that will define trigger values and the planned mitigation package where adverse effects occur.
The role and function of the ICP will include but not necessarily be limited to the following:
a) supervising the implementation of the Policy, the Settlement information paper and the Exceptional hardship procedure (as defined in the PQP);
b) consider and approve proposed mitigation measures agreed between parties and in the event of a dispute set out the mitigation measures that would be appropriate in the individual circumstances
c) ensuring that mitigation measures proposed avoid; (i) previously observed and/or reasonably foreseeable adverse effects, and (ii) minimises the potential for repetition of such adverse effects on the same receptor as far as reasonably practicable;
d) ensuring that the mitigation provided is of good design, quality, durability, sustainability and meets all relevant requirements (for example building regulations);
e) ensuring that the mitigation provided minimises as far as practicable any consequent adverse impact (e.g. ensuring windows that can currently be opened to continue to be opened, regardless of any additional ventilation provided to enable windows to be kept closed for noise mitigation purposes);
f) ensuring that The Policies are effective and accessible and recommending any necessary changes to improve the efficiency and effectiveness of the processes and procedures that they contain;
g) determining any claims or disputes arising out of The Policies in a manner which will be binding on the Undertaker subject to either party’s right to refer the determination to the ICC for its consideration;
h) taking decisions with reference to The Policies and guidance in codes of practice, British Standard BS 5228 and precedent of good market practice from other equivalent projects;
i) giving assurance to the third party stakeholder that the Undertaker has fulfilled its obligations under The Policies.
Interested organisations should refer to II.1.5 (Short Description) and VI.3 (Additional information) and to the PQP for further information on the description of the Services, the Project and the Contract.
However, there will be one contract for the appointment of a Chairperson and framework agreements with expert advisors split into the following lots:
Lot 1: Noise and vibration experts;
Lot 2: Transport planners;
Lot 3: Chartered building surveyors;
Lot 4: Chartered quantity surveyors;
Lot 5: Chartered engineers;
Lot 6: Residential chartered surveyors/ estate agents;
Lot 7: Medical advice;
Lot 8: Legal advice.
Estimated value of the Services is over the EU threshold but the actual value of the Contract is subject to tender proposals received.

II.2.2)Information about options

Options: yes
Description of these options: Any agreement awarded would be for completion of the Services (described at II.2.1). The duration of the Services is expected to be approximately up to 10 years although this is subject to an extension exercisable at the IP’s discretion.

II.2.3)Information about renewals

This contract is subject to renewal: no

II.3)Duration of the contract or time limit for completion

Starting 1.10.2014 Completion 31.3.2023

Information about lots

Lot No: 1 Lot title: Lot 1 – Noise and Vibration Experts

1)Short description:

Noise and Vibration Experts.

2)Common procurement vocabulary (CPV)

71319000

Lot No: 2 Lot title: Lot 2 – Transport Planners

1)Short description:

Transport planners.

2)Common procurement vocabulary (CPV)

71319000

Lot No: 3 Lot title: Lot 3 – Chartered building surveyors

1)Short description:

Chartered building surveyors.

2)Common procurement vocabulary (CPV)

71319000

Lot No: 4 Lot title: Lot 4 – Chartered quantity surveyors

1)Short description:

Chartered quantity surveyors.

2)Common procurement vocabulary (CPV)

71319000

Lot No: 5 Lot title: Lot 5 – Chartered engineers

1)Short description:

Chartered engineers.

2)Common procurement vocabulary (CPV)

71319000

Lot No: 6 Lot title: Lot 6 – Residential chartered surveyors/estate agents

1)Short description:

Residential chartered surveyors/estate agents.

2)Common procurement vocabulary (CPV)

71319000

Lot No: 7 Lot title: Lot 7 – Medical advice

1)Short description:

Medical advice.

2)Common procurement vocabulary (CPV)

71319000

Lot No: 8 Lot title: Lot 8 – Legal advice

1)Short description:

Legal advice.

2)Common procurement vocabulary (CPV)

71319000

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

The Contracting Entity reserves the right to require parent company guarantees, collateral warranties and other forms of security as appropriate to be discussed at ITN stage. Further details and requirements will be provided in the ITN.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The payment arrangements mechanism and performance standards applicable to the Services will be described in the ITN.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Contracting Entity will accept expressions of interest and Tenders from single entities or consortia. The Contracting Entity does not require consortia to form a single legal entity at the PQQ stage. The Contracting Entity will consider contracting with a consortium, providing always that the participants assume joint and several liability for all of the obligations of the consortium under the Contract. Further details and requirements will be provided in the ITN.

III.1.4)Other particular conditions:

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Terms and conditions of contract will be provided with the ITN.
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Interested organisations must express interest using the PQQ available from the Contracting Entity. Instructions and further detail are set out in detail in the PQP. The PQP and PQQ reflect Regulations 23 to 29 of the UK Utilities Contracts Regulations 2006 (as amended).

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Instructions and further detail in relation to the Contracting Entity’s Minimum Standards for economic and financial capacity are set out in detail in the PQP. The PQP and PQQ reflect Regulations 23 to 29 of the UK Utilities Contracts Regulations 2006 (as amended).

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met: Instructions and further detail in relation to the Contracting Entity’s Minimum Standards for technical capacity are set out in detail in the PQP. The PQP and PQQ reflect Regulations 23 to 29 of the UK Utilities Contracts Regulations 2006 (as amended).
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures): no
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting entity:

5LYG.C.ICP

IV.3.2)Previous publication(s) concerning the same contract

no
IV.3.3)Conditions for obtaining specifications and additional documents

IV.3.4)Time limit for receipt of tenders or requests to participate

21.7.2014 – 12:00

IV.3.5)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.6)Minimum time frame during which the tenderer must maintain the tender
IV.3.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information:

The Contracting Entity reserves the right not to award a contract and applicants should have regard to the following:
1. Applicants should note that words and expressions in this contract notice with an initial capital letter shall have the meanings given in the Glossary in the Pre-Qualification Questionnaire (PQP) that is available on request to all interested organisations.

2. Interested organisations may obtain the PQP by contacting Thames Water on procurement.support.centre@thameswater.co.uk. All additional information relating to information provided in this contract notice is available in the PQP.

3. All suitably experienced organisations who wish to respond to this OJEU contract notice to indicate their interest in the tender, must request the PQP and submit a completed PQP Application by the Submission Deadline for return of completed PQQ is 12:00 noon 21.7.2014. The Contracting Entity may be TWUL, the Infrastructure Provider or other body delivering the TTT. Contract will also allow for the possibility that in the event of the special administration of the Contracting Entity, the special administrator shall have the right to administer the Contract(s) and to transfer the Contract(s) to another contracting entity including potentially an entity owned or controlled or partly owned or controlled by the government or other public entity.
4. II.3) (Duration of the contract or time limit for completion) – the duration of the Contract, time limit for completion and procurement timetable are described in detail in the PQP. The Contracting Entity reserves the right to amend dates and deadlines and to update the procurement timetable. Applicants and Tenderers will be notified as appropriate.
5. IV.2.1) (Award criteria) – The Contracting Entity intends to let the Contract to the most economically advantageous tender. Details of the Contracting Entity’s award criteria and methodology for identifying the most economically advantageous tender will be provided in detail in the ITN.
6. The Contracting Entity intends to invite to tender no more than 5 Applicants in relation to each contract. Details are provided in the PQP.
7. II.1.9) (Information about variants) –The Contracting Entity reserves the right to accept variants at the ITN stage provided a Tenderer has also submitted a compliant Tender. Further information and minimum requirements in relation to any variants and how variants will be evaluated will be set out in the ITN).
8. Any contract let will be under English law.
General:
9. Thames Water operates an on-going risk management approach with regard to the economic and financial capacity of its suppliers. Information will be obtained either from the supplier or an externally recognized provider. Information will be gathered upon commencement of the process and over the duration of the contract period.
10. Applicants should note that this process might require references to be provided and verified, attendances at meetings, talks and presentations at no cost to Thames Water.
11. A response to this contract notice does not guarantee that an Applicant will be invited to tender. The process for selecting Tenderer(s) to be invited to tender is set out in the PQP. The Contracting Entity reserves the right in its absolute discretion to abandon, terminate or suspend the award process at any time. Further:
— the Contracting Entity does not bind itself to enter into any contract(s) arising out of the procedures envisaged by this contract notice;
— no contractual rights express or implied arise out of this contract notice or the procedures envisaged by it;
— the Contracting Entity reserves the right to vary its requirements and the procedure relating to the conduct of the award process.
12. Any agreement resulting from this contract notice may be modified to include further similar requirements at any site under the management of Thames Water or its associated companies.
13. This contract notice and the contract are not exclusive and do not preclude Thames Water, or the IP, or its associated companies from issuing other contract notices or engaging other advisers for the same or similar services from time to time.
TWUL (including its employees and advisors) does not make any representations, warranties or other commitments, whether express or implied, in relation to the accuracy, adequacy or completeness of the information provided to applicants in this Contract Notice or otherwise in connection with this tender, except as may be specifically agreed in any contract concluded at the end of this tender process. Applicants and Tenderers shall be fully responsible for and liable for all costs associated with and arising out of or in connection with responding to this contract notice and any pre-qualification questionnaire. Thames Water Utilities Limited or any other Contracting Entity will not be responsible for or liable to any Applicant or Tenderer for any cost incurred by such Applicant and/or Tenderer in responding to this contract notice, any pre-qualification questionnaire or any Tender howsoever incurred.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: In accordance with Regulations 33 and 33A of the UK Utilities Contracts Regulations 2006 (as amended by the Utilities Contracts (Amendment) Regulations 2009 and the Public Procurement (Miscellaneous Amendments) Regulations 2011)), the Contracting Entity will incorporate a minimum 10 calendar day standstill period before awarding the Contract(s) from the point information on the award of the Contract(s) is communicated to Tenderers. Any request for further information by Tenderers pursuant to Regulation 33(9) must be made in writing to the address set out in section I.1 above. The Utilities Contracts Regulations 2006 (as amended) provide remedies for economic operators who, in consequence of a breach of the Regulations, suffer, or risk suffering, loss or damage. Proceedings must be started in the High Court of England and Wales.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

4.7.2014

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