Legal Support

Contract summary

Industry

• Legal services - 79100000

Location of contract

EH2 3DA

Value of contract

£90,000

Procurement reference

Legal Support - OPSH/LEDA/0688

Published date

25 February 2021

Closing date

16 November 2020

Closing time

2pm

Contract start date

1 December 2020

Contract end date

1 December 2025

Contract type

Service contract

Procedure type

Competitive quotation (below threshold)

Contract is suitable for SMEs?

Yes

Contract is suitable for VCSEs?

No

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Description

NLB wish to appoint a Legal Services Provider for services to support the Procurement process, contract award and contract delivery activties to replace NLV Pole Star with a replacement vessel.

The Procurement activity will follow the Governments approval process "Green Book". NLB also have a requirement for Procurement Assurance Advice as part of the process that will be completed with the Department for Transport. NLB follow the UK Procurement Regulations and will complete a Commercial Assurance Framework with the DfT for each stage of the Procurement Process. Assurance will be required for each stage of the Outsourcing Playbook version 2 dated June 2020.

The requirement will be for Legal support and advice from December 2020 to the completion of the ship
build in 2024 and for the warranty period after the build, expected to be for one year therefore 2025.

It is important for NLB to appoint a contractor who can demonstrate previous experience covering the Green Book and the Outsourcing Playbook in additon to the following key aspects

1. Consideration and support on all contract matters
2. Assistance with the preparation of the tender documents and subsequent award agreement
3. Terms and Conditions - knowledge and experience of BIMCO for shipbuilding.
4. Insurance, required by NLB and the successful yard, in addition to their supply chain (as appropriate)
5. Risk - what should be retained by the letting authority, what can be passed to the successful yard. In addition to legal advice relating to any potential risk transfer options.
6. Contract Law - English and Scottish
7. EU Law (including the resolution of Brexit conglicts and clarifications).
8. Public Sector Procurement Law
9. Experience and Knowledge of Maritime ship building contract and dispute resolution
10. Health and Safety Law associated with Ship building.
11. Dispute Resolution - Impact within the ITT Documents including the various contractual interfaces
12. Environmental Law
13. Arbitration Services
14. Contract negotiation services
15. Letter of Assurance for the Procurement process to the effect that NLB have an effective contract, mitigated risk and identified residual risk.

Route to market is unclear at this stage, a PIN has been advertised within the European Market at the start of October 2020 to notify the market of NLB requirements. The actual notice maybe placed outwith this market and following World Trade Organisation instead. Knowledge of these options and the provisiono of best legal advice and direction will be required.

The successful contractor will be required to provide support to NLB at various stages of the Assurance process, this may also include attending the Commercial Assurance Board (CAB) meetings to provide support. Timelines for the process are detailed in table 1.

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Award information

Awarded date

21 December 2020

Contract start date

22 December 2020

Contract end date

21 December 2025

Total value of contract

£90,000

This contract was awarded to 1 supplier.

CMS Cameron McKenna Nabarro Olswang LLP

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About the buyer

Contact name

Rebecca Turner

Address

84 George Street
EDINBURGH
EH23DA
England

Telephone

0131 473 3103

Email

RebeccaT@nlb.org.uk