Highways England Litigation Services Tender

Highways England Litigation Services Tender

The provision of advocacy and litigation services for Highways England’s specialist claims.

United Kingdom-Leeds: Legal services

2020/S 047-112554

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Official name: Highways England
Postal address: Lateral, City Walk
Town: Leeds
NUTS code: UK
Postal code: LS11 9AT
Country: United Kingdom
E-mail: lesley.cole@highwaysengland.co.uk
Telephone: +44 3004704795
Internet address(es):Main address: https://highwaysengland.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://highways.bravosolution.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://highways.bravosolution.co.uk
Tenders or requests to participate must be submitted to the abovementioned address

I.4)Type of the contracting authority

National or federal agency/office

I.5)Main activity

General public services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

The provision of Advocacy and Litigation Services for Highways England’s Specialist Claims

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

Highways England is looking to let a contract for advocacy and litigation services, this will cover the support and litigation of network claims (Green Claims) where Highways England will be the legal claimant. The work will include taking claims through litigation on our behalf, providing advice and support on the more complex and high value claims, assisting with clearing our backlog of in excess of 2 500 claims and supporting claims where liability may be in question. This may also include supporting new ways of pricing claims other than actuals but ensuring that it remains reasonable. Highways England are looking to appoint one (1) supplier, the contract will be let for a period of 2 years with an option to extend for 12 months.

II.1.5)Estimated total value

Value excluding VAT: 3 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Highways England is looking to let a contract for advocacy and litigation services, this will cover the support and litigation of network claims (Green Claims) where Highways England will be the legal Claimant. The work will include taking claims through litigation on our behalf, providing advice and support on the more complex and high value claims, assisting with clearing our backlog of in excess of 2500 claims and supporting claims where liability may be in question. This may also include supporting new ways of pricing claims other than actuals but ensuring that it remains reasonable. Highways England are looking to appoint one (1) supplier, the contract will be let for a period of 2 years with an option to extend for 12 months.

The contract will run from May 2020 for a period of 2 years with an option to extend for 12 months. The aim of the contract will be to ensure that the backlog for all Highways England claims has been cleared and that Highways England are able to recover claims in respect of damage to our strategic road network in a timely manner. With the aim of recovering in excess of 90 % of the value of those claims.

This work will be carried out in central Birmingham.

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

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

Duration in months: 24
This contract is subject to renewal: no

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
III.1.3)Technical and professional ability
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about 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)Type of procedure

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

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

Date: 14/04/2020
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

Tender must be valid until: 31/07/2020

IV.2.7)Conditions for opening of tenders

Date: 14/04/2020
Local time: 12:00

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no
VI.2)Information about electronic workflows

VI.3)Additional information:

The contracting authority will use an eTendering system in this procurement exercise and reserves the right to use a reverse auction. How to take part in this tender:

1) Register your company on the eSourcing portal (this is only required once)

— visit https://highways.bravosolution.co.uk and click the link to register;

— accept the terms and conditions and click ‘continue’;

— enter your business and user details;

— note the username you chose and click ‘Save’ when complete;

— you will shortly receive an email with your unique password.

2) Responding to the tender

— click ‘My Response’ under ‘PQQ/ITT Details’, you can ‘Create Response’ or ‘Decline to Respond’ (please give a reason if declining). You can use the ‘Messages’ function to communicate with the buyer and seek any clarification. Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ITT. There may be a mixture of online and offline actions for you to perform (there is detailed online help available). Submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult online help, or contact the eTendering help desk.

Tender documentation for contracts over GBP 10 000 will be published on a powered by BravoSolution eSourcing Technology single website, made available to the public. You should also be aware that if your bid is successful the resulting contract will be published. In some circumstances, limited redactions will be made to tender documentation and/or contracts before they are published in order to comply with existing law, to protect commercial interests and for the protection of national security.

The contract data will confirm the details of the relevant contract dates and durations. It is mandatory for new Central Government contracts, which feature characteristics involving the handling of personal data and ICT systems designed to store or process data at the official level of the Government Security Classifications scheme (link below), to comply with cyber essentials. https://www.gov.uk/government/publications/government-security-classifications

All potential tenderers for Central Government contracts, featuring the above characteristics, should be aware of the requirements for the appropriate level of certification. Further information: https://www.gov.uk/government/publications/cyber-essentials-scheme-overview

The tenderer with the most economically advantageous tender will be required to accept the Highways England Fair Payment Charter as a condition of acceptance of their tender. Highways England reserve the right to invite or not invite variant bids at their sole discretion. Further information will be set out in the tender documents. Contract dates stated are indicative and may be subject to change.

VI.4)Procedures for review

VI.4.1)Review body

Official name: see details at VI.4.3
Town: see detail in VI.4.3
Country: United Kingdom
VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

Highways England will incorporate a minimum 10 day standstill period at the point information on award of the contract is communicated to tenderers. Appeals should be lodged in accordance with the Public Contracts Regulations 2015 (SI 2006 No 5) as amended.

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

VI.5)Date of dispatch of this notice:

03/03/2020