Severn Trent Water Legal Services Tender

STW and HD wish to award Framework Agreements for the provision of legal services.

United Kingdom-Coventry: Legal services

2019/S 127-311535

Contract notice – utilities

Services

Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses

Severn Trent Water Ltd
Severn Trent Centre, 2 St John’s Street
Coventry
CV1 2LZ
United Kingdom
E-mail: Adrean.Chavira@severntrent.co.uk
NUTS code: UK

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

Address of the buyer profile: https://severntrent.bravosolution.co.uk/web/login.html

I.1)Name and addresses

Hafren Dyfrdwy Cyfyngedig
03527628
Wrexham Road
Wrexham
LL14 4EH
United Kingdom
Contact person: Adrean Chavira
E-mail: Adrean.Chavira@severntrent.co.uk
NUTS code: UKL

Internet address(es):Main address: https://www.hdcymru.co.uk/

Address of the buyer profile: https://severntrent.bravosolution.co.uk/web/login.html

I.2)Information about joint procurement

The contract involves joint procurement

In the case of joint procurement involving different countries, state applicable national procurement law:

Law of England and Wales

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://severntrent.bravosolution.co.uk/web/login.html

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: https://severntrent.bravosolution.co.uk/web/login.html

Tenders or requests to participate must be submitted to the abovementioned address

Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://severntrent.bravosolution.co.uk/web/login.html

I.6)Main activity

Other activity: Waste and water treatment

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Legal Services Tender

Reference number: Project_741-Legal Services Tender

II.1.2)Main CPV code

79100000

II.1.3)Type of contract

Services

II.1.4)Short description:

STW and HD wish to award Framework Agreements for the provision of legal services. The services exclude legal services for the following: corporate, tax, treasury, insurance litigation, patent and trade mark registration and watching service. Further details of the legal services are included in the procurement documents. Other Severn Trent Group Companies which are not regulated by the Utilities Contract Regulations (‘UCR’) also wish to award Framework Agreements in the procurement process.

The procurement will be divided into 3 lots:

For full details set out in the procurement documents.

II.1.5)Estimated total value

Value excluding VAT: 7 900 000.00 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:

The Contracting Authority reserves the right to award contracts combining the following lots or groups of lots: Any of lots 1 and 2 can be combined into a single contract should a participant be successful across more than one lot.

Refer to procurement documents for more information Project_741 — Legal Service.

II.2)Description

II.2.1)Title:

Legal Services Retainer for STW and HD

Lot No: Lot 1

II.2.2)Additional CPV code(s)

79100000

79110000

79111000

79112000

79130000

79140000

II.2.3)Place of performance

NUTS code: UKE

NUTS code: UKF

NUTS code: UKG

NUTS code: UKL

II.2.4)Description of the procurement:

STW and HD wish to award Framework Agreements for the provision of legal services under a retainer. It excludes the following legal services: corporate, tax, treasury, insurance litigation, patent and trade mark registration and watching service.

The retainer model for STW and HD includes without limitation the following legal services: construction, commercial, employment, procurement law, regulatory, environmental, regulatory prosecutions, health and safety, disputes and litigation, data privacy, intellectual property, competition, renewables, planning and real estate portfolio management legal services.

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: 3 400 000.00 GBP

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

Duration in months: 36

This contract is subject to renewal: yes

Description of renewals:

Extension options of up to 2 years in total. Further details on options for the duration are set out in the procurement documents.

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

Envisaged number of candidates: 8

Objective criteria for choosing the limited number of candidates:

Further details set out in the procurement documents.

II.2.10)Information about variants

Variants will be accepted: yes

II.2.11)Information about options

Options: yes

Description of options:

Further details set out in the procurement documents.

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

— no exclusivity or guarantee of volume,

— if a candidate wishes to bid for either Lot 1 or Lot 2, it must bid both Lots 1 and 2,

— no sub-contracting of services is permitted in this lot.

II.2)Description

II.2.1)Title:

Legal Services Panel for STW and HD

Lot No: Lot 2

II.2.2)Additional CPV code(s)

79100000

79110000

79111000

79112000

79130000

79140000

II.2.3)Place of performance

NUTS code: UKE

NUTS code: UKF

NUTS code: UKG

NUTS code: UKL

II.2.4)Description of the procurement:

STW and HD wish to award Framework Agreements for the provision of legal services on a panel basis. This excludes legal services for corporate, tax, treasury, insurance litigation, patent and trade mark registration and watching service legal advice.

Lot 2 includes without limitation legal services in the following areas: construction, commercial, procurement law, regulatory, real estate, planning, disputes and litigation, regulatory prosecutions, health and safety, environmental, employment, pensions, competition, data privacy, intellectual property, and renewables.

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: 4 000 000.00 GBP

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

Duration in months: 36

This contract is subject to renewal: yes

Description of renewals:

Extension options of up to 2 years in total. Further details on options for the duration are set out in the procurement documents.

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

Envisaged number of candidates: 8

Objective criteria for choosing the limited number of candidates:

Further details set out in the procurement document.

II.2.10)Information about variants

Variants will be accepted: yes

II.2.11)Information about options

Options: yes

Description of options:

As identified in the procurement documents.

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

— no exclusivity/guarantee of volume,

— if a candidate wishes to bid for either Lot 1 or Lot 2, it must bid both Lots 1 and 2,

— no sub-contracting of services is permitted in this lot,

— MLPL tender process will not be run under UCR. MLPL will require real estate and planning legal services. If a candidate only wishes to bid for MLPL work, it may do so under Lot 2 and ring fence its bid to MLPL work.

II.2)Description

II.2.1)Title:

Legal Services Panel for Other Severn Trent Group Companies

Lot No: Lot 3

II.2.2)Additional CPV code(s)

79100000

79110000

79111000

79112000

79130000

79140000

II.2.3)Place of performance

NUTS code: UKE

NUTS code: UKF

NUTS code: UKG

NUTS code: UKL

II.2.4)Description of the procurement:

The appointment of a legal services panel for Other Severn Trent Group Companies, which are not waste or water utilities, such as Severn Trent Green Power Ltd. This will include without limitation legal support for renewables subsidy schemes, construction, commercial, planning, environmental and real estate. The services exclude legal services for the following: corporate, tax, treasury, insurance litigation, patent and trade mark registration and watching service. This lot will also exclude data privacy, pensions, employment and competition legal services. The Other Severn Trent Group Companies are not subject to UCR. Lot 3 will not be run in accordance with UCR.

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: 500 000.00 GBP

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

Duration in months: 36

This contract is subject to renewal: yes

Description of renewals:

Extension options of up to 2 years in total. Further details and options for duration are set out in the procurement documents.

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:

Further details set out in the procurement document.

II.2.10)Information about variants

Variants will be accepted: yes

II.2.11)Information about options

Options: yes

Description of options:

As identified in the procurement documents.

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

— no exclusivity or guarantee of volume,

— candidates may opt to bid specific work types as part of this lot. MLPL work is not included in Lot 3. Candidates bidding for legal services to support MLPL should refer to Lot 2.

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:

As stated within the procurement documentation.

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 set out in the procurement documents.

III.1.5)Information about reserved contracts

III.1.6)Deposits and guarantees required:

As defined in the procurement documents

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

Not applicable

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

As set out in the procurement documents.

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:

Solicitors regulation authority authorisation to practice.

III.2.2)Contract performance conditions:

As stated within the procurement documents

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: 7

In the case of framework agreements, provide justification for any duration exceeding 8 years:

Not applicable

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: 24/07/2019

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:

— there is no guarantee that a candidate will be invited to tender,

— STW and HD and Other Severn Trent Group Companies are not bound to enter in to a Framework Agreement with any party,

— there is no contractual right (express or implied) which arises from this notice or this process,

— STW and HD, and Other Severn Trent Group Companies may terminate the tender process at any time,

— response to this notice, the submission of a response to the PQQ and any submission of tenders and participation in the tender process is at the candidates own cost and expense,

— no standstill letters will be issued by Other Severn Trent Group Companies.

VI.4)Procedures for review

VI.4.1)Review body

Severn Trent Water
2 St John’s Street
Coventry
CV1 2LZ
United Kingdom
Telephone: +44 7834419627
E-mail: adrean.chavira@severntrent.co.uk

VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

STW and HD will incorporate a ten (10) calendar day standstill period in accordance with the Utilities Contracts Regulations 2016. The Utilities Contracts Regulations 2016 provide for aggrieved parties who have been harmed or who are at risk of harm to take action in the High Court.

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

VI.5)Date of dispatch of this notice:

24/06/2019