Tender to Provide Legal Advice in Relation to the Thames Tideway Tunnel

Tender to Provide Legal Advice in Relation to the Thames Tideway Tunnel

Legal Panel in relation to the Thames Tideway Tunnel and Ofwat’s Direct Procurement for customers initiative.

United Kingdom-Birmingham: Legal services

2018/S 158-363159

Social and other specific services – public contracts

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Water Services Regulation Authority (Ofwat)
Centre City Tower, 7 Hill Street
Birmingham
B5 4UA
United Kingdom
Contact person: Erica Williams
Telephone: +44 1216447500
E-mail: procurement@ofwat.gsi.gov.uk
Fax: +44 1216447559
NUTS code: UKG31Internet address(es):Main address: http://www.ofwat.gov.uk/

Address of the buyer profile: https://www.mytenders.co.uk/search/Search_AuthProfile.aspx?ID=AA24607

I.2)Information about joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: www.mytenders.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: www.mytenders.co.uk

I.4)Type of the contracting authority

Other type: Economic Regulaor

I.5)Main activity

Other activity: Non-Ministerial Government department

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Legal Panel

Reference number: PROC.01.0608

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Legal Panel in relation to the Thames Tideway Tunnel and Ofwat’s Direct Procurement for customers initiative.

The procurement involves the establishment of a framework agreement for use by Ofwat only. It is anticipated that one (1)panel agreement will be awarded for Lot 1 — Thames Tideway Tunnel and up to 4 for Lot 2 — Ofwat’s Direct Procurement for Customers initiative.

This procurement relates to the legal services which are listed in Schedule 3 of the Public Contracts Regulations 2015 (PCR) 2015 as a specific service. This procurement is being conducted under the Light Touch Regime (‘LTR’) is therefore subject to limited regulation and will be conducted in accordance with regulations 74 to 76 PCR 2015.

Any Agreement will be for a period of four (4) years in total.

II.1.5)Estimated total value

Value excluding VAT: 1 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description

II.2.1)Title:

Lot 1 — Legal Advice in relation to the Thames Tideway Tunnel

Lot No: 1

II.2.2)Additional CPV code(s)

79100000
79111000

II.2.3)Place of performance

NUTS code: UKG31
NUTS code: UKI
Main site or place of performance:

London and Birmingham

II.2.4)Description of the procurement:

The Thames Tideway Tunnel (TTT) is the main tunnel component in Thames Water Utilities Limited’s (Thames Water) solution for reducing overflows of untreated combined sewage into the river Thames, in order to achieve compliance with the Urban Waste Water Treatment Directive. The other components of the solution (which have already been completed) are the Lee Tunnel and upgrades at Beckton sewage treatment works.

The TTT was specified as an infrastructure project by the Secretary of State in June 2014 under the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (SIP Regulations). The Thames Tideway Tunnel Project Specification Notice sets out the scope of the Project and required Thames Water to put the Project out to tender to be delivered by an Infrastructure Provider (IP). The preferred bidder in the IP procurement (Bazalgette Tunnel Limited, now trading as Tideway), was announced by Thames Water on 13.7.2015. Tideway then became the party contracting with the Main Works Contractors who had been procured by Thames Water in February 2015. These contracts were all finalised on 24.8.2015, and Ofwat issued Tideway with a Project Licence on the same day.

This Contract is for the provision of legal advisory services to Ofwat’s legal and policy teams in relation to the TTT project and to support Ofwat in its regulation of Thames Water and Tideway in respect of the Project, in particular to ensure that the TTT is delivered at best value for Thames Water’s customers.

We are looking to award a single supplier panel agreement in relation to our work on the Thames Tideway Tunnel.

II.2.6)Estimated value

Value excluding VAT: 500 000.00 GBP

II.2.7)Duration of the contract or the framework agreement

Duration in months: 48

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:

Lot 2 — Legal Advice to Ofwat in relation to projects procured by water companies under Ofwat’s Direct Procurement for Customers initiative.

Lot No: 2

II.2.2)Additional CPV code(s)

79100000
79111000

II.2.3)Place of performance

NUTS code: UKI
NUTS code: UKG31
Main site or place of performance:

London and Birmingham

II.2.4)Description of the procurement:

We are the economic regulator of the water and wastewater sector in England and Wales. Among other things, we regulate the price, investment and service packages that customers receive. For the 2019 price review (‘PR19’) water companies are developing business plans to cover the next price control period (2020-2025).

As part of our final PR19 methodology published in December 2017 we introduced the concept of direct procurement for customers (‘DPC’), a process for water companies to competitively tender for a third party to design, build, finance, operate and maintain key infrastructure. We expect water companies to consider the use of DPC for all large-scale enhancement projects that cost over GBP 100m based on whole-life total expenditure. Each water company is expected to provide an assessment of the suitability of relevant schemes in their business plan which will be submitted to Ofwat in September 2018.

We want to ensure that where DPC is used:

— consumers’ interests are protected,

— value for money is achieved; and,

— we are assured that water companies’ obligations will be met to an equivalent or better standard compared to a traditional delivery route.

Where a project is suitable for DPC, the water company concerned (not Ofwat) will run the procurement process. We will however provide oversight, will require water companies to follow our principles for procurement and contracting when undertaking DPC projects and will seek appropriate levels of assurance during the procurement process.

Our work will continue beyond PR19, which concludes in late 2019. Projects will be large, complex and long-term in nature. Contracts are generally expected, in addition to the initial construction period, to have an operational period of about 15-25 years. Water companies may not be ready to (or need to) begin procurement processes by 2020, depending on the tender model, and the need for the project.

This contract is for the provision of expert legal advisory services to Ofwat in relation to DPC-related work. Robust legal advice will be required to enable us to carry out our oversight role in relation to DPC projects.

We are looking for support to help us:

— understand and engage with legal, commercial and contractual issues relating to DPC projects,

— manage the challenges in translating policy into practice; and

Take effective and robust decisions in relation to DPC projects.

We are looking to award 3 to 4 companies to the panel agreement to support our work in relation to projects procured by water companies under Ofwat’s Direct Procurement for Customers initiative.

II.2.6)Estimated value

Value excluding VAT: 500 000.00 GBP

II.2.7)Duration of the contract or the framework agreement

Duration in months: 48

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.1.4)Objective rules and criteria for participation

List and brief description of rules and criteria:

The potential Suppliers of legal advice and services must be authorised and regulated by the Solicitors Regulation Authority and/or appropriate regulatory bodies in other EU jurisdictions.

III.1.5)Information about reserved contracts
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
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Form of procedure

Open procedure

IV.1.3)Information about framework agreement

The procurement involves the establishment of a framework agreement
IV.1.10)Identification of the national rules applicable to the procedure:
IV.1.11)Main features of the award procedure:
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

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

Date: 10/09/2018
Local time: 10:00

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

English

Section VI: Complementary information

VI.2)Information about electronic workflows

VI.3)Additional information:

Estimate Contract Value is based on expenditure over the maximum contract duration of four (4) years. The value set out in Section II.1.5) is the total estimated amount across both Lots. We may exceed the values in Section II.2.6), provided that we do not exceed the total value in Section II.1.5) We cannot guarantee any business through this Agreement. Ofwat expressly reserves the right (i) not to award any Contract as a result of the procurement process commenced by publication of this notice (ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will Ofwat be liable for any costs incurred by the Potential Supplier.

NOTE: To register your interest in this notice and obtain any additional information please visit the myTenders Web Site at

NOTE: To register your interest in this notice and obtain any additional information please visit the myTenders Web Site at https://www.mytenders.co.uk/Search/Search_Switch.aspx?ID=212574.

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.mytenders.co.uk/sitehelp/help_guides.aspx.

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.

(MT Ref:212574)

VI.4)Procedures for review

VI.4.1)Review body

Water Services Regulation Authority (Ofwat)
Centre City Tower, 7 Hill Street
Birmingham
B5 4UA
United Kingdom
Telephone: +44 1216447500
Fax: +44 1216447559Internet address: http://www.ofwat.gov.uk/
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

15/08/2018

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