Network Rail Legal Services Framework

Network Rail Legal Services Framework

Legal Services — England and Wales. Lot No: 1 – Legal Services – Scotland – Lot No: 2.

United Kingdom-London: Legal services

2018/S 132-301600

Contract notice – utilities

Services

Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses

Network Rail Infrastructure Ltd
1 Eversholt Street
London
NW1 2DN
United Kingdom
Telephone: +44 190881000
E-mail: Helen.Wallis@networkrail.co.uk
NUTS code: UK

Internet address(es):Main address: www.networkrail.co.uk

Address of the buyer profile: https://networkrail.bravosolution.co.uk

I.2)Information about joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://networkrail.bravosolution.co.uk/esop/guest/go/opportunity/detail?opportunityId=38124
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://networkrail.bravosolution.co.uk
Tenders or requests to participate must be submitted to the abovementioned address

I.6)Main activity

Railway services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Legal Services

Reference number: Project 5781

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Network Rail as the Authority is putting in place a Framework Agreement for Legal Services. This Framework Agreement will be for a period of 5 years from 1.5.2019 to 30.4.2024 with an option to extend by up to 2 years. This procurement relates to the legal services which are listed in Schedule 2 of the Utilities Contracts Regulations 2016 (UCR) 2016 as a specific service. This procurement is being conducted under the Light Tough Regime (“LTR”) and will be conducted in accordance with Regulations 90 to 93 UCR 2016.

II.1.5)Estimated total value

Value excluding VAT: 98 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 2
II.2)Description

II.2.1)Title:

Legal Services — England and Wales

Lot No: 1

II.2.2)Additional CPV code(s)

79100000
79110000
79111000
79112000
79112100
79130000
79131000
79132000
79132100
79140000

II.2.3)Place of performance

NUTS code: UK
NUTS code: UKC
NUTS code: UKD
NUTS code: UKE
NUTS code: UKF
NUTS code: UKG
NUTS code: UKH
NUTS code: UKI
NUTS code: UKJ
NUTS code: UKK
NUTS code: UKL

II.2.4)Description of the procurement:

Network Rail as the Authority is putting in place a Framework Agreement for Legal Services. This Framework Agreement will be for a period of 5 years from 1.5.2019 to 30.4.2024 with an option to extend by up to 2 years. This procurement relates to the legal services which are listed in Schedule 2 of the Utilities Contracts Regulations 2016(UCR) 2016 as a specific service. This procurement is being conducted under the Light Tough Regime (“LTR”) and will be conducted in accordance with regulations 90 to 93 UCR 2016.

We are currently transforming to ensure that we can continue to achieve these objectives which include devolving accountability from central functions to geographically based Route Business units. Prospective suppliers will be expected to partner with us to ensure we provide a first class service to both the central functions and Route Businesses to deliver this mandate.

The framework is for the supply of a full range of legal services to support the delivery of its objectives for Control Period 6 (CP6) which covers the period from 1.4.2019 — 31.3.2024. Network Rail’s mandate is to deliver a safe, affordable, reliable and growing railway. It is proposed that the new framework agreement will consist of a small number of suppliers who will be expected to work collaboratively and innovatively to provide legal service capability across the full range of legal disciplines. Our requirements will include a mix of commoditised and project work including but not limited to the following disciplines:

— Property Development/Retail/Acquisitions/Disposals/Railway Estate Management),

— Procurement; Construction,

— Rail regulatory,

— Dispute Resolution,

— Commercial, Health Safety and Environment,

— Employment, Competition,

— EU Regulatory,

— Freedom of Information,

— Data Protection,

— Debt Collection, Public Law,

— Planning,

— Telecoms,

— Insurance, and

— Corporate Governance.

Network Rail will be using this procurement as an opportunity to explore innovative approaches to the delivery of legal services to ensure that we are driving value for money for the taxpayer. We would like to encourage prospective bidders who are forward thinking, committed to innovation and who are open to alternative ways of delivering our requirement for a full legal service.

The legal services team is committed to a strategy of “Delivering for Our Customers” and as such, we would expect interested suppliers to have customer focus at the heart of its delivery model.

The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations.

Lot 1 is for England and Wales only.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 91 000 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/05/2019
End: 30/04/2024
This contract is subject to renewal: yes
Description of renewals:

Option to extend 2 x 12 months

II.2.9)Information about the limits on the number of candidates to be invited

Maximum number: 9

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information
II.2)Description

II.2.1)Title:

Legal Services – Scotland

Lot No: 2

II.2.2)Additional CPV code(s)

79100000
79110000
79111000
79112000
79112100
79130000
79131000
79132000
79132100
79140000

II.2.3)Place of performance

NUTS code: UKM

II.2.4)Description of the procurement:

Network Rail as the Authority is putting in place a Framework Agreement for Legal Services. This Framework Agreement will be for a period of 5 years from 1.5.2019 to 30.4.2024 with an option to extend by up to 2 years. This procurement relates to the legal services which are listed in Schedule 2 of the Utilities Contracts Regulations 2016(UCR) 2016 as a specific service. This procurement is being conducted under the Light Tough Regime (“LTR”) and will be conducted in accordance with Regulations 90 to 93 UCR 2016.

We are currently transforming to ensure that we can continue to achieve these objectives which include devolving accountability from central functions to geographically based Route Business units. Prospective suppliers will be expected to partner with us to ensure we provide a first class service to both the central functions and Route Businesses to deliver this mandate.

The framework is for the supply of a full range of legal services to support the delivery of its objectives for Control Period 6 (CP6) which covers the period from 1.4.2019 — 31.3.2024. Network Rail’s mandate is to deliver a safe, affordable, reliable and growing railway. It is proposed that the new framework agreement will consist of a small number of suppliers who will be expected to work collaboratively and innovatively to provide legal service capability across the full range of legal disciplines. Our requirements will include a mix of commoditised and project work including but not limited to the following disciplines:

— Property Development/Retail/Acquisitions/Disposals/Railway Estate Management); Procurement,

— Construction; Rail regulatory,

— Dispute Resolution,

— Commercial, Health Safety and Environment,

— Employment, Competition,

— EU Regulatory,

— Freedom of Information,

— Data Protection,

— Debt Collection, Public Law,

— Planning,

— Telecoms,

— Insurance, and

— Corporate Governance.

Network Rail will be using this procurement as an opportunity to explore innovative approaches to the delivery of legal services to ensure that we are driving value for money for the taxpayer. We would like to encourage prospective bidders who are forward thinking, committed to innovation and who are open to alternative ways of delivering our requirement for a full legal service.

The legal services team is committed to a strategy of ‘Delivering for Our Customers’ and as such, we would expect interested suppliers to have customer focus at the heart of its delivery model.

The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations.

Lot 2 is for Scotland only.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 7 000 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/05/2019
End: 30/04/2024
This contract is subject to renewal: yes
Description of renewals:

Option to extend 2 x 12 months

II.2.9)Information about the limits on the number of candidates to be invited

Maximum number: 4

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

III.1.2)Economic and financial standing

Selection criteria as stated in the procurement documents

III.1.3)Technical and professional ability

Selection criteria as stated in the procurement documents
III.1.4)Objective rules and criteria for participation
III.1.5)Information about reserved contracts
III.1.6)Deposits and guarantees required:

III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

As detailed in the PQQ documentation

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.2)Conditions related to the contract

III.2.1)Information about a particular profession

Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision:

Registration with the Solicitors Regulation Authority for England and Wales and or the Law Society of Scotland.

III.2.2)Contract performance conditions:

III.2.3)Information about staff responsible for the performance of the contract

Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Negotiated procedure with prior call for competition

IV.1.3)Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 4
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information

IV.2.1)Previous publication concerning this procedure

Notice number in the OJ S: 2018/S 030-066241

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 13/08/2018
Local time: 12:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

Date: 01/10/2018

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Tender must be valid until: 01/04/2019
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published:

4 years

VI.2)Information about electronic workflows
VI.3)Additional information:
VI.4)Procedures for review

VI.4.1)Review body

The Royal Courts of Justice
Strand
London
WC2A 2LL
United Kingdom

VI.4.2)Body responsible for mediation procedures

Network Rail
Quadrant MK
Milton Keynes
MK9 1EN
United Kingdom

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

Network Rail will incorporate a 10 calendar day standstill period after notification to unsuccessful participants and until such a point will not enter into a contract for this requirement. Participants considering lodging an appeal must do so within this timescale in order to allow Network Rail to consider such an appeal. Successful appeals after the conclusion of the contract award can only be dealt with through the processes available as described above.

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

10/07/2018

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