Claims Handling and Litigation Services for Network Rail

Claims Handling and Litigation Services for Network Rail

Receive claims; Liaise with the respective insurer as appropriate in respect of the claims; Assess claims;
Process and settle claims; Undertake litigation services where proceedings are commenced against Network Rail.

Claims Handling and Ancillary Litigation Services

UK-London: Legal services

2013/S 034-054326

Contract notice – utilities

Services

Directive 2004/17/EC

Section I: Contracting entity

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

Network Rail Infrastructure Limited
Kings Place, York Way
Contact point(s): Strategic Sourcing Team Contracts and Procurement Network Rail The Quadrant: MK Elder Gate Milton Keynes, MK9 1EN
For the attention of: Katharina Stiete
NW1 9AG London
UNITED KINGDOM
Telephone: +44 1908781903
E-mail: katharina.stiete@networkrail.co.uk

Internet address(es):

General address of the contracting entity: www.networkrail.co.uk

Address of the buyer profile: http://www.networkrail.co.uk/aspx/1542.aspx

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

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

The contracting entity is purchasing on behalf of other contracting entities: yes

QBE Insurance Group
Plantation Place, 30 Fenchurch Street
EC3M 3BD London
UNITED KINGDOM

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting entity:

Claims Handling and Ancillary Litigation Services
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: Great Britain.
NUTS code UK,UKI

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

The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s):

Network Rail requires the provision of claims handling services and ancillary litigation services for its Public Liability and Property Owners Liability claims through one single supplier. Coverage of services will need to be provided for England, Wales and Scotland.
It is anticipated that approximately 500 claims (300 Public Liability, 200 Property Owners Liability Claims) are received by Network Rail each year.
The successful tenderer will be expected to:
Receive claims;
Liaise with the respective insurer as appropriate in respect of the claims;
Assess claims;
Process and settle claims;
Undertake litigation services where proceedings are commenced against Network Rail;
The tender will be led by Network Rail with input by its main insurer for Property Owners Liability Claims, which is expected to work closely with the successful tenderer.
The tender scope excludes the following:
Industry Public Liability Claims;
Project Liability Claims;
Motor Liability Claims;
Employers Liability Claims.
II.1.6)Common procurement vocabulary (CPV)

79100000, 66510000, 66513000, 66516000

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: no
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:

Network Rail requires the provision of claims handling services and ancillary litigation services for its Public Liability and Property Owners Liability claims through one single supplier. Coverage of services will need to be provided for England, Wales and Scotland.
It is anticipated that approximately 500 claims (300 Public Liability, 200 Property Owners Liability Claims) are received by Network Rail each year.
The successful tenderer will be expected to:
Receive claims;
Liaise with the respective insurer as appropriate in respect of the claims;
Assess claims;
Process and settle claims;
Undertake litigation services where proceedings are commenced against Network Rail;
The tender will be led by Network Rail with input by its main insurer for Property Owners Liability Claims, which is expected to work closely with the successful tenderer.
The tender scope excludes the following:
Industry Public Liability Claims;
Project Liability Claims;
Motor Liability Claims;
Employers Liability Claims.
Estimated value excluding VAT: 1 500 000 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals

This contract is subject to renewal: yes
II.3)Duration of the contract or time limit for completion

Duration in months: 36 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:

Participants will be advised during the course of the tender process whether or not these are required. Parent Company guarantees and other financial and performance guarantees may be requested as deemed appropriate.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Where there is more than one economic operator proposed, Network Rail requires one member of such group / consortium to accept Prime Contractor Status.
III.1.4)Other particular conditions:

The performance of the contract is subject to particular conditions: no
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: This is a negotiated procedure with call for competition. Suppliers will be expected to comply with all instructions during the course of the tender.
Any supplier who wishes to be considered for this contract must submit an expression of interest via email for the attention of Katharina Stiete at katharina.stiete@networkrail.co.uk no later than 15:00 on 1.3.2013. Any expressions of interests received thereafter will not be considered.

The email must contain the following information as laid out below and nothing else:
1. Full Contracting Entity Name, Address and Registered Address (if different).
2. Full Name, Telephone Number and email address of the person submitting the interest who will be the main point of contact for ongoing correspondence.
As part of the email interested suppliers must confirm that they are aware and not disqualified from expressing interest in this OJEU notice because noncompliance with the Regulations 26 of the Utilities Contracts Regulations 2006.
A supplier will be disqualified from the tender exercise if:
a) Is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations.
(b) Is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations.
(c) Has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct.
(d) Has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate.
(e) Has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority.
(f) Has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority.
(g) Is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information.
(h) Has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA.
(i) Has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively.
(j) Has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities.
(k) Has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Information and formalities necessary for evaluating if the requirements are met: Suppliers will be expected to meet the economic and financial evaluation criteria, which are laid out in the Pre-Qualification Questionnaire (PQQ).
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met: Information and formalities necessary for evaluating if the requirements are met: Suppliers will be expected to meet the technical evaluation criteria, which are laid out in the Pre-Qualification Questionnaire (PQQ) and subsequent Invitation to Tender (ITT) documentation.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

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:

BC/MAN/019.
IV.3.2)Previous publication(s) concerning the same contract

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

Time limit for receipt of requests for documents or for accessing documents: 1.3.2013 – 15:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

18.3.2013 – 14:00
IV.3.5)Language(s) in which tenders or requests to participate may be drawn up
IV.3.6)Minimum time frame during which the tenderer must maintain the tender
IV.3.7)Conditions for opening of tenders

Date: 22.4.2013 – 14:00
Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no
VI.2)Information about European Union funds
VI.3)Additional information:

The anticipated contract duration is three years with the option included to extend for up to two further years in parts.
This is a negotiated procedure with call for competition. Suppliers will be expected to comply with all instructions issued during the course of the tender.
Any supplier who wishes to be considered for this contract must submit an expression of interest via email for the attention of Katharina Stiete at Katharina.Stiete@networkrail.co.uk no later than 15:00 on 1.3.2013. Any expression of interests received thereafter will not be considered.

Network Rail is leading the tender with input from its main insurer into the tender process. Due to the nature of the services it is anticipated that the insurer may utilise the services of the successful tenderer either directly or indirectly .

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: Network Rail will incorporate a minimum 10 calendar day standstill period at the point of information on the award of contract is communicated to tenderers.
This period will allow unsuccessful tenderers to seek further debriefing from Network Rail before the contract is entered into.
Applicants have ten working days from the notification of award decision to request additional debriefing and that information will be provided a minimum of three working days before the end of the standstill period.
Such additional information shall be requested from the address in Section 1.1 from the contact person.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:13.2.2013