Legal services

Tender description

DCC is seeking to establish a multi provider framework agreement covering a wide range of Legal Services. The Legal Services will be used by all companies within the Glas Cymru group companies, which include companies outside the whole business securitisation, and not subject to DCC’s statutory water and sewerage licence. The requirement for all Group companies is for advice that is professional, competent, expert and timely, provides good commercial value and is delivered in a way that makes a positive contribution to the achievement of the best overall outcome for DCC on each occasion. The Property and Property Litigation element of this category includes advice, drafting and/or representation on: — property and real estate, — acquisition and disposal of land and buildings including all work associated. With new treatment works, pumping stations, pipelines — building over/near water mains – including instructions to expert engineers and applications for diversions, — taxation relevant to property work, — Compulsory Purchase Orders (both applications and defending CPO processes), — freehold and leasehold matters, — deed of grants (including new grants, variations and terminations), — legal title and rights, — adverse possession claims, — disputes as to land rights, — seeking injunctions, — actions for trespass, — enforcement of statutory rights, — access issues, — Land Tribunal claims/referrals to arbitration or to Ofwat for determination, — provision of drafting and/or representation in Welsh language. The Planning and Environmental element of this category includes advice, drafting and/or representation on: — planning law (including up to date guidance and the implementation of such in Wales), — grant of right of access, easement, way leave, etc., — environmental matters (including in a conveyancing context, — environmental legislation (including application of EU legislation) and the impact on DCC activities, — regulatory notices from regulators, — prosecutions (including handling prosecutions where required). The Litigation category includes advice, drafting and/or representation on litigation and dispute resolution across a range of subject areas, excluding Property Litigation. The work referred under this lot will range in value and complexity but is likely to be categorised as follows: (a) litigation of a more complex nature and/or a significant value with a proportion, such as third party infrastructure damage recovery (claimant work), requiring specific utility or water industry experience, (b) litigation and enforcement work referred from our in house debt recovery function which will be predominantly of low value (though the issues can be complex). Any contentious matters that arise out of services provided under another lot may be treated as a natural extension of that initial piece of work and may therefore be continued and progressed by the same organisation to maintain consistency. Advocacy services are excluded from this tender. The Human Resources and Pensions category includes advice, drafting and/or representation on: Human Resources: — Employment law, — Transfer of Undertakings (Protection of Employment) Issues, — Changes to employment legislation and application to the Group, — Employment contracts, — Employee disputes, — Employment tribunal matters, — Dismissals, — Changes to employee benefits or terms and conditions, — DCC Human Resources policies, — As part of the Employment law lot, we are seeking creative solutions from firms to help the in-house HR team to manage repeat requests for advice and reduce the number of routine requests and/or costs incurred for this type of advice. Pensions: — Pension law, — Application of the trust deed and scheme rules, — Changes to or removal of pensions benefit, — Ramifications on discreet areas such as funding investment, — Changes to pensions law and the application to the Group. Please note that the Defined Benefit Pensions Scheme is separately advised and that legal services to Welsh Water Pensions Trustees Limited are outside the scope of this procurement process. The Corporate and Commercial category includes advice, drafting and/or representation on: Corporate law advice to include: — Incorporation of companies, — Merger and acquisition activity, — Corporate insolvency of third parties, — Corporate joint ventures and incorporation and development of companies to undertake commercial project work. Commercial law advice to include: — Contract law issues, — Contract drafting, negotiations and disputes, — New business opportunities, — Energy supply, grid and connections, — Renewable energy projects, including in relation to anaerobic digestion, heat networks, heat from sewers, battery storage, demand side response, solar PV and hydro energy generation, — Partnership, alliances, collaborations and joint ventures, — Consumer law issues, — Procurement law and practice — in particular the Utilities Regulations, — Insolvency issues. The New Business category includes advice, drafting and/or representation in relation to issues arising under the Water Industry Act 1991 including: — Connections (including S106 and S115), — Diversions, — Requisitions, — Searches (including water and drainage searches), — Sewer and mains adoptions (including Section 104 agreements and Deeds of Grant of Easements), — Building over/near to sewers, lateral drains and associated apparatus, — Advice in relation to section 84 and 85 New Roads and Street works Act 1991. The Competition category includes advice, drafting and/or representation on competition aspects of DCC’s activities including: — The impact of ongoing changes to the competition regime in the water industry, and in particular given the competitive landscape in Wales, — Ensuring compliance with existing competition legislation, — Advising DCC in relation to its activities in both contestable and non-contestable markets, — Bringing or defending competition complaints before the regulator or the courts. The Data Protection category includes advice, drafting and/or representation on: — The impact of the Data Protection legislation and regulator guidance on the way in which DCC handles customer and employee personal data, — Ensuring compliance with Data Protection legislation, — Advising DCC in relation to regulator guidance and best practice (in relation to other utilities and sectors), — Assisting DCC with any claims (including claims for compensation) following Data Protection breaches, and defending (or bringing) complaints before the regulator or the courts. — Advice in relation to the application of the NEC suite of contracts and frameworks agreements that may be linked to the NEC suite of contracts, — Preparation of NEC contract documentation and subsequent frameworks, — Advice on Parent Company Guarantees, Bonds and Collateral Warranties, — Contentious construction advice and representation. The Treasury — Financing and Securitisation category includes advice, drafting and/or representation (including taxation advice) on specialist group finance issues such as: — Banking documentation and whole business securitisation including structural amendments (Security Trustee Intercreditor proposals), — Bonds and US Private Placements, — Interest rate swap documentation, — Power hedging, — Asset finance, — Specialist Treasury structures and products, — Regulatory Compliance Matters. This lot includes advice, drafting and/or representation on the health and safety issues which may arise in relation to the range of DCC activities, together with staff training, and/or representation in relation to Health and Safety matters, including prosecutions. The Legal Service Provider will be required to work alongside DCC and its nominated Claims Handlers to facilitate the review and defence of litigated claims received in relation to public liability and property damage insurance claims. The legal advice service requirement shall encompass the following areas and each category includes advice, drafting and/or representation on: — personal injury, — third party property damage, — business interruption and loss of profit, — claims above the DCC deductible level (300 000 GBP) only with the agreement of DCC’s insurers, — provision of drafting and/or representation in Welsh language.