Social and other specific services – public contracts
Contract notice
Section I: Contracting
authority
I.1) Name and addresses
Water Services Regulation Authority (Ofwat)
Centre City Tower, 7 Hill Street
Birmingham
B5 4UA
UK
Contact person: Erica Williams
Telephone: +44 1216447500
E-mail: procurement@ofwat.gsi.gov.uk
Fax: +44 1216447559
NUTS: UKG31
Internet 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.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 sent electronically to:
www.mytenders.co.uk
I.4) Type of the contracting authority
Other: Economic Regulaor
I.5) Main activity
Other: 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
Lot No: 1
II.2.1) Title
Lot 1 — Legal Advice in relation to the Thames Tideway Tunnel
II.2.2) Additional CPV code(s)
79100000
79111000
II.2.3) Place of performance
NUTS code:
UKG31
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, framework agreement or dynamic purchasing system
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
Lot No: 2
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.
II.2.2) Additional CPV code(s)
79100000
79111000
II.2.3) Place of performance
NUTS code:
UKI
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, framework agreement or dynamic purchasing system
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
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.4) Objective rules and criteria for participation
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.2) Conditions related to the contract
III.2.1) Information about a particular profession
Participation is reserved to a particular profession: Yes
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
10/09/2018
Local time: 10:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
Section VI: Complementary information
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
UK
Telephone: +44 1216447500
Fax: +44 1216447559
Internet address(es)
URL: http://www.ofwat.gov.uk/
VI.5) Date of dispatch of this notice
15/08/2018