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Notice Summary

United Kingdom-Warrington: Legal Adviser — Manchester and Pennines Resilience
389367-2019
United Utilities Water Ltd
16 August 2019
09 September 2019
Contract Notice - Negotiated procedure
Yes

Notice Abstract

As part of its PR19 business plan submission, UU included a project provisionally called Manchester and Pennines Resilience (MaPR) which is intended to be delivered via Ofwat’s new Direct Procurement for Customers (DPC) approach.UU need the support of a Legal Adviser (LA) throughout the project to support and advise through to financial close out.The company is committed to evaluating the project using the green book for project appraisal, the appointed LA may be required to lead or support in the preparation of the OBC and the FBC as required as the project progresses. Additionally, as a public utility and regulated business, the DPC procurement process will need to comply with all applicable procurement regulations.

Notice Details

Contract notice – utilities

Directive 2014/25/EU - Utility Directive

Directive 2014/25/EU

Section I: Contracting Change entity

I.1) Name and addresses

United Utilities Water Ltd

02366678

Lingley Mere Business Park

Warrington

WA5 3LP

UK

Contact person: Amy Foxall

Telephone: +44 1925678096

E-mail: regulatoryprocurementteam@uuplc.co.uk

NUTS: UKD

Internet address(es)

Main address: http://www.unitedutilities.com

Address of the buyer profile: https://uk.eu-supply.com/ctm/Company/CompanyInformation/Index/43984

I.3) Communication

The procurement documents are available for unrestricted and full direct access, free of charge at:

https://uk.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=29724&B=UNITEDUTILITIES


Additional information can be obtained from the abovementioned address


Tenders or requests to participate must be sent electronically to:

https://uk.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=29724&B=UNITEDUTILITIES


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


I.6) Main activity

Water

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Legal Adviser — Manchester and Pennines Resilience

Reference number: PRO004246

II.1.2) Main CPV code

79100000

 

II.1.3) Type of contract

Services

II.1.4) Short description

As part of its PR19 business plan submission, UU included a project provisionally called Manchester and Pennines Resilience (MaPR) which is intended to be delivered via Ofwat’s new Direct Procurement for Customers (DPC) approach.

UU need the support of a Legal Adviser (LA) throughout the project to support and advise through to financial close out.

The company is committed to evaluating the project using the green book for project appraisal, the appointed LA may be required to lead or support in the preparation of the OBC and the FBC as required as the project progresses. Additionally, as a public utility and regulated business, the DPC procurement process will need to comply with all applicable procurement regulations.

II.1.6) Information about lots

This contract is divided into lots: No

II.2) Description

II.2.2) Additional CPV code(s)

79100000

II.2.3) Place of performance

NUTS code:

UKD

II.2.4) Description of the procurement

As part of its PR19 business plan submission, UU included a project provisionally called Manchester and Pennines Resilience (MaPR) intended to be delivered via Ofwat’s new Direct Procurement for Customers (DPC) approach.

UU need the support of a Legal Adviser (LA) throughout the project to support and advise through to financial close out. The project will have a relatively long lead time until anticipated financial close (summer 2022).

The company is committed to evaluating the project using the green book for project appraisal, the appointed LA may be required to lead or support in the preparation of the OBC and the FBC as required as the project progresses. Additionally, as a public utility and regulated business, the DPC procurement process will need to comply with all applicable procurement regulations.

The LA must therefore be familiar with and have experience of advising on projects that have used and been evaluated in accordance with the green book, and be experienced in assisting its clients with preparation of the OBC and FBC.

The LA should be able to demonstrate a strong track record on similar advisory roles, demonstrating strong credentials in all aspects of legal advisory. Experience in UK infrastructure projects and a UK regulated utilities environment will be highly desirable, particularly in advising on projects which have the UK Government and/or UK economic regulators as key stakeholders. There will be a need to be creative, agile and flexible with a ‘pathfinder’ mentality.

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: 1 000 000.00 GBP

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

Duration in months: 96

This contract is subject to renewal: No

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

Envisaged maximum number: 3

Objective criteria for choosing the limited number of candidates:

If the score differential between the applicant ranked 2nd and 3rd is greater than 10 %, the company reserves the right to take only the top 2 ranked Applicants through to the invitation to negotiate stage.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: Yes

Description of options:

The anticipated award date of the LA is December 2019 therefore the initial contract term from award of the LA will be circa 2 1/2 years, the duration of the agreement may facilitate additional support beyond this for up to a maximum of 8 years. The requirement for further support will be at the company’s discretion. Extensions may be taken up if there is a delay to the project or if LA support is required post project close out.

The company may require additional support in relation to the life cycle of the project at any time within the maximum 8-year term.

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.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

List and brief description of conditions:

Please refer to procurement documents.

III.1.2) Economic and financial standing

List and brief description of selection criteria:

Please refer to procurement documents.


Minimum level(s) of standards required:

Please refer to procurement documents.

III.1.3) Technical and professional ability

List and brief description of selection criteria:

Please refer to procurement documents.


Minimum level(s) of standards required:

Please refer to procurement documents.

III.2) Conditions related to the contract

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Negotiated with 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 with a single operator.

IV.1.8) Information about 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

Notice number in the OJ S:

2017/S 124-252892

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

Date: 09/09/2019

Local time: 11:00

IV.2.4) Languages in which tenders or requests to participate may be submitted

EN

Section VI: Complementary information

VI.1) Information about recurrence

This is a recurrent procurement: No

VI.4) Procedures for review

VI.4.1) Review body

High Court of England and Wales

City of Westminster

London

UK

VI.5) Date of dispatch of this notice

12/08/2019