Legal services

Tender description

Notification of award of the following: Thames Water Utilities Limited (TWUL) is seeking to procure a replacement for its current managed legal services arrangement, which is a fixed fee outsourced solution for the majority of TWUL’s legal services requirements. TWUL seeks to procure a fixed-fee, outsourced arrangement for the majority of its legal services requirements which will be known as the managed legal service (the Managed Legal Service) and form Lot 1. In addition, TWUL seeks to procure a legal services panel (the Legal Services Panel) using a framework agreement for high-visibility, substantial and complex work and the Legal Services Panel shall form Lot 2. The Managed Legal Service (Lot 1) will cover the majority of TWUL’s legal service requirements including: — commercial contracts (including ad-hoc insurance advice), — competition, — construction, — corporate, — corporate crime, — data protection and information, — disputes (including litigation), — employment (including right to work status), — energy, — energy and natural resources: water, — environment, — fraud, — health and safety, — information technology, — infrastructure, — insurance, — intellectual property, — outsourcing, — pensions, — planning, — procurement, — projects, — public Law, — real Estate, — real Estate: Finance, — regulatory, — restructuring / insolvency, — tax, — utilities and — water. The managed legal service will include the retention of the on-site team based in Reading. Legal services for Lot 2 will cover the same specialisms required for Lot 1 (as identified above). The services themselves include the following: 1. Formal regulatory investigations; specifically, legal services required in relation to formal regulatory investigations against any company within the Thames Water or Kemble Groups where enforcement action is expressly stated in writing as being anticipated or contemplated by Ofwat, the CMA and/or the European Commission as the enforcement authorities; 2. Class actions; specifically, group, or class actions or litigation against TWUL where the total number of claimants (individual or company) forming the “group” exceeds 30 at the outset; 3. Appeals from the High Court; specifically, legal services required to either bring or defend an appeal from the High Court; 4. Disposals, mergers and acquisitions (with the exception of any land or property transaction); specifically, the sale/disposal, merger or acquisition of all or part of a company and/or business by or within the Thames Group or Kemble Group; 5. Other business activities; specifically, any legal services required to support activities of any company other than those companies within the Thames Group or within the Kemble Group in respect of the Kemble Services (as defined in the contract documentation); 6. Major projects; specifically, work which goes beyond “business as usual” due to the size, complexity or significance of the work. For the avoidance of doubt, this procurement expressly excludes legal services in relation to price review, Thames Tideway Tunnel and finance related legal services for the benefit of Thames' Treasury function. The specialisms required for Lot 2 are as set out in section II.2.4 above. The legal services to be provided under Lot 2 include: 1. Formal regulatory investigations; specifically, legal services required in relation to formal regulatory investigations against the Thames Water or Kemble Groups where enforcement action is expressly stated in writing as being anticipated or contemplated by Ofwat, the CMA and/or the European Commission as the enforcement authorities; 2. Class actions; specifically, group, or class actions or litigation against Thames where the total number of claimants (individual or company) forming the “group” exceeds 30 at the outset; 3. Appeals from the High Court; specifically, legal services required to either bring or defend an appeal from the High Court; 4. Disposals, Mergers and Acquisitions (with the exception of any land or property transaction); specifically, the sale/disposal, merger or acquisition of all or part of a company and/or business by or within the Thames Group or Kemble Group; 5. Other business activities; specifically, any legal services required to support activities of any company other than those companies within the Thames Group or within the Kemble Group in respect of the Kemble Services (as defined in the contract documentation); 6. Major Projects; specifically, work which goes beyond “business as usual” due to the size, complexity or significance of the work. For the avoidance of doubt, this procurement expressly excludes legal services in relation to price review, Thames Tideway Tunnel and finance related legal services for the benefit of Thames' Treasury function.