Thames Water Legal Services Contract

Thames Water Legal Services Contract

Thames Water Utilities Limited is seeking to procure a replacement for its current managed legal services arrangement.

United Kingdom-Reading: Legal services

2017/S 106-213696

Contract notice – utilities

Services

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses

Thames Water Utilities Limited
Procurement Support Centre — 3rd Floor East, C/O Mail Room, Rose Kiln Court
Reading
RG2 0BY
United Kingdom
E-mail: procurement.support.centre@thameswater.co.uk
NUTS code: UKJ11Internet address(es):Main address: www.thameswater.co.uk

I.2)Joint procurement

The contract is awarded by a central purchasing body

I.3)Communication

Access to the procurement documents is restricted. Further information can be obtained at: https://www.thameswater.co.uk/welcome
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.thameswater.co.uk/welcome

I.6)Main activity

Water

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Legal Services.

Reference number: FA1333

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Thames Water Utilities Limited (TWUL) is seeking to procure a replacement for its current managed legal services arrangement, which is a fixed fee outsourced solution for the majority of TWUL’s legal services requirements. TWUL seeks to procure a fixed-fee, outsourced arrangement for the majority of its legal services requirements which will be known as the managed legal service (the Managed Legal Service) and form Lot 1. In addition, TWUL seeks to procure a legal services panel (the Legal Services Panel) using a framework agreement for high-visibility, substantial and complex work and the Legal Services Panel shall form Lot 2.

II.1.5)Estimated total value

Value excluding VAT: 48 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

Both Lots.

II.2)Description

II.2.1)Title:

Managed Legal Service

Lot No: 1

II.2.2)Additional CPV code(s)

79100000
79111000

II.2.3)Place of performance

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

Reading, UK.

II.2.4)Description of the procurement:

The Managed Legal Service (Lot 1) will cover the majority of TWUL’s legal service requirements including:

Commercial Contracts (including ad hoc insurance advice);

Competition;

Construction;

Corporate;

Corporate Crime;

Data Protection and Information;

Disputes (including litigation);

Employment (including right to work status);

Energy;

Energy and Natural Resources: Water;

Environment;

Fraud;

Health and Safety;

Information Technology;

Infrastructure;

Insurance;

Intellectual Property;

Outsourcing;

Pensions;

Planning;

Procurement;

Projects;

Public Law;

Real Estate;

Real Estate: Finance;

Regulatory;

Restructuring / Insolvency;

Tax;

Utilities; and

Water.

The Managed Legal Service will include the retention of the on-site team based in Reading.

Legal services for Lot 2 will cover the same specialisms required for Lot 1 (as identified above). The services themselves include the following:

1. Formal regulatory investigations; specifically, legal services required in relation to formal regulatory investigations against any company within the Thames Water or Kemble Groups where enforcement action is expressly stated in writing as being anticipated or contemplated by Ofwat, the CMA and/or the European Commission as the enforcement authorities.

2. Class actions; specifically, group, or class actions or litigation against TWUL where the total number of claimants (individual or company) forming the ‘group’ exceeds 30 at the outset.

3. Appeals from the High Court; specifically, legal services required to either bring or defend an appeal from the High Court.

4. Disposals, Mergers and Acquisitions (with the exception of any land or property transaction); specifically, the sale/disposal, merger or acquisition of all or part of a company and/or business by or within the Thames Group or Kemble Group.

5. Other business activities; specifically, any legal services required to support activities of any company other than those companies within the Thames Group or within the Kemble Group in respect of the Kemble Services (as defined in the contract documentation).

6. Major Projects; specifically, work which goes beyond ‘business as usual’ due to the size, complexity or significance of the work.

For the avoidance of doubt, this procurement expressly excludes legal services in relation to Price Review,

Thames Tideway Tunnel and finance related legal services for the benefit of Thames’ Treasury function.

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: 40 000 000.00 GBP

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

Duration in months: 96
This contract is subject to renewal: yes
Description of renewals:

TWUL envisages that the contract for Lot 1 will be awarded for an initial term of 5 years with options to extend for up to 3 years, giving a maximum duration of 8 years.

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

Envisaged number of candidates: 5
Objective criteria for choosing the limited number of candidates:

Compliance with minimum expected requirements, financial and economic standing, technical and professional ability, technical and professional competence.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

TWUL envisages that the Lot 1 contract will be awarded for an initial term of 5 years with options to extend for up to 3 years, giving a maximum duration of 8 years.

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

See Section VI.3.

II.2)Description

II.2.1)Title:

Legal Services Panel

Lot No: 2

II.2.2)Additional CPV code(s)

79100000
79111000

II.2.3)Place of performance

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

Reading, UK.

II.2.4)Description of the procurement:

The specialisms required for Lot 2 are as set out in section II.2.4 above. The legal services to be provided under Lot 2 include:

1. Formal regulatory investigations; specifically, legal services required in relation to formal regulatory investigations against the Thames Water or Kemble Groups where enforcement action is expressly stated in writing as being anticipated or contemplated by Ofwat, the CMA and/or the European Commission as the enforcement authorities.

2. Class actions; specifically, group, or class actions or litigation against Thames where the total number of claimants (individual or company) forming the ‘group’ exceeds 30 at the outset.

3. Appeals from the High Court; specifically, legal services required to either bring or defend an appeal from the High Court.

4. Disposals, Mergers and Acquisitions (with the exception of any land or property transaction); specifically, the sale/disposal, merger or acquisition of all or part of a company and/or business by or within the Thames Group or Kemble Group.

5. Other business activities; specifically, any legal services required to support activities of any company other than those companies within the Thames Group or within the Kemble Group in respect of the Kemble Services (as defined in the contract documentation).

6. Major Projects; specifically, work which goes beyond ‘business as usual’ due to the size, complexity or significance of the work.

For the avoidance of doubt, this procurement expressly excludes legal services in relation to Price Review,

Thames Tideway Tunnel and finance related legal services for the benefit of Thames’ Treasury function.

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: 8 000 000.00 GBP

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

Duration in months: 96
This contract is subject to renewal: yes
Description of renewals:

TWUL envisages that the contract for Lot 2 will be awarded for an initial term of 5 years with options to extend for up to 3 years, giving a maximum duration of 8 years.

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

Envisaged number of candidates: 10
Objective criteria for choosing the limited number of candidates:

Compliance with minimum expected requirements, financial and economic standing, technical and professional ability, technical and professional competence.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

TWUL envisages that the Lot 1 contract will be awarded for an initial term of 5 years with options to extend for up to 3 years, giving a maximum duration of 8 years.

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

See Section VI.3.

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

List and brief description of conditions:

Legal service providers must be authorised and regulated by the Solicitors Regulation Authority (SRA).

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

List and brief description of rules and criteria:

As detailed in the PQQ Documentation.

III.1.5)Information about reserved contracts

III.1.6)Deposits and guarantees required:

Parent company guarantees of performance and financial standing may be required.

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

Specified in the Invitation to Negotiate.

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

Consortia may be required to form a legal entity prior to award.

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:

Legal service providers must be authorised and regulated by the Solicitors Regulation Authority (SRA).

III.2.2)Contract performance conditions:

The delivery of any of the Lot 1 legal services by the on-site team must continue to be delivered in Reading.

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: 5

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
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: no
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

Date: 06/07/2017
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

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

Duration in months: 9 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used

VI.3)Additional information:

All suppliers who wish to respond to this notice must request a pre-qualification questionnaire (PQQ) by using the link in Section I.3 of this notice, i.e https://www.thameswater.co.uk/welcome

Lot 1 — Key objectives to be achieved by TWUL through the procurement of the Managed Legal Service are as follows: the provision of high quality legal advice, cost-certainty, retaining the proximity of the current on-site team, the efficient day to day management of the delivery of legal services, a collaborative partner, a sustainable, long-term solution, efficiency and innovation in the delivery of legal services, continuous improvement, appropriate and efficient allocation of work, customer satisfaction, development and training of the on-site staff, state-of-the art IT and management information, an online instruction portal and a strong cultural fit with TWUL.

Lot 2 — Key objectives to be achieved by TWUL through the procurement of the Legal Services Panel are: the provision of high quality legal advice; to provide choice and flexibility for legal matters which have high visibility are substantial and complex; to achieve value for money and cost certainty; to enable flexibility of appointment, either by direct award or through mini-competition of work between panel members on a matter-by-matter basis; collaborative partners; efficiency and innovation in the delivery of legal services; customer satisfaction; state-of-the art IT and management information; and a strong cultural fit with TWUL.

Section III.2.3 — Key staff responsible for the delivery of the legal services must be suitably qualified and identified in the contract documents.

VI.4)Procedures for review

VI.4.1)Review body

High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
United Kingdom
Telephone: +44 20794760000
VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

Thames Water Utilities Limited will incorporate a standstill period at the point information on the award of the contract is communicated to tenderers. That notification will provide full information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.

The Utilities Contracts Regulations 2016 provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).

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

VI.5)Date of dispatch of this notice:

02/06/2017

 

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