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Contract Award Notice

Legal Panel

  • First published: 11 May 2020
  • Last modified: 11 May 2020
  • Version: N/A
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The buyer is not using this website to administer the notice.

To record your interest or obtain additional information or documents please find instructions within the Full Notice Text. (NOTE: Contract Award Notices and Prior Information Notices do not normally require a response)

Contents

Summary

OCID:
Published by:
Water Services Regulation Authority (Ofwat)
Authority ID:
AA61249
Publication date:
11 May 2020
Deadline date:
-
Notice type:
Contract Award Notice
Has documents:
No
Has SPD:
No
Has Carbon Reduction Plan:
N/A

Abstract

The Thames Tideway Tunnel (TTT) is the main tunnel component in Thames Water Utilities Ltd’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 Ltd, now trading as Tideway), was announced by Thames Water on 13 July 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 August 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.

Full notice text

Social and other specific services – public contracts

Contract award 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: Lena Cluxton

Telephone: +44 1216447534

E-mail: procurement@ofwat.gov.uk

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.4) Type of the contracting authority

Other: Economic regulator

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 four 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.1.6) Information about lots

This contract is divided into lots: Yes

II.1.7) Total value of the procurement

Value excluding VAT: 1 000 000.00  GBP

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 Ltd’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 Ltd, now trading as Tideway), was announced by Thames Water on 13 July 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 August 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.2.13) 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 100 m 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 three to four 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.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Open procedure

IV.2) Administrative information

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:

2018/S 158-363159

Section V: Award of contract

Lot No: 1

Title: Lot 1: Legal Advice in Relation to the Thames Tideway Tunnel

A contract/lot is awarded: Yes

V.2 Award of contract

V.2.1) Date of conclusion of the contract

25/02/2019

V.2.2) Information about tenders

Number of tenders received: 2

Number of tenders received from SMEs: 0

Number of tenders received from tenderers from EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 2

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor

Shepherd and Wedderburn LLP

1 Exchange Crescent, Conference Square

Edinburgh

EH3 8UL

UK

Telephone: +44 1312289900

NUTS: UKM

The contractor is an SME: No

V.2.4) Information on value of the contract/lot (excluding VAT)

Initial estimated total value of the contract/lot:

Total value of the contract/lot: : 500 000.00  GBP

V.2.5) Information about subcontracting

Section V: Award of contract

Lot No: 2

Title: Lot 2: Legal Advice to Ofwat in Relation to Projects Procured by Water Companies under Ofwat’s Direct Procurement for Customers Initiative

A contract/lot is awarded: Yes

V.2 Award of contract

V.2.1) Date of conclusion of the contract

25/04/2019

V.2.2) Information about tenders

Number of tenders received: 9

Number of tenders received from SMEs: 1

Number of tenders received from tenderers from EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 9

The contract has been awarded to a group of economic operators: Yes

V.2.3) Name and address of the contractor

Ashurst LLP

London Fruit and Wool Exchange, 1 Duval Square

London

E1 6PW

UK

Telephone: +44 2076381111

NUTS: UKI

The contractor is an SME: No

V.2.3) Name and address of the contractor

Dentons UKMEA LLP

1 Fleet Place

London

EC4M 7WS

UK

Telephone: +44 2072467126

NUTS: UK

The contractor is an SME: No

V.2.3) Name and address of the contractor

Sharpe Pritchard LLP

Elm Yard, 10-16 Elm Street

London

WC1X 0BJ

UK

Telephone: +44 2074054600

Fax: +44 2072422210

NUTS: UK

The contractor is an SME: Yes

V.2.3) Name and address of the contractor

Gowling WLG (UK) LLP

4 More London Riverside

London

SE1 2AU

UK

Telephone: +44 3709031000

NUTS: UK

The contractor is an SME: No

V.2.4) Information on value of the contract/lot (excluding VAT)

Initial estimated total value of the contract/lot:

Total value of the contract/lot: : 500 000.00  GBP

V.2.5) Information about subcontracting

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 website at (MT Ref:217001)

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

08/05/2020

Coding

Commodity categories

ID Title Parent category
79111000 Legal advisory services Legal advisory and representation services
79100000 Legal services Business services: law, marketing, consulting, recruitment, printing and security

Delivery locations

ID Description
100 UK - All

Alert region restrictions

The buyer has restricted the alert for this notice to suppliers based in the following regions.

ID Description
There are no alert restrictions for this notice.

About the buyer

Main contact:
procurement@ofwat.gov.uk
Admin contact:
N/a
Technical contact:
N/a
Other contact:
N/a

Further information

Date Details
No further information has been uploaded.

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