Lot 2 - Ofwat's Direct Procurement For Customer Initiative - Work Package 002 - Manchester and Pennines Resilience Scheme

Lot 2 - Ofwat's Direct Procurement For Customer Initiative - Work Package 002 - Manchester and Pennines Resilience Scheme

Panel Services required under this Legal Services Contract

To provide legal advice to OFWAT in relation to the procurement bt United Utilities Water Limited (United Utilities) of a competitively appointed provider (CAP) for the Manchester and Pennines resilience scheme to address the risk of failure of its largest potable water aqueduct,which supplies to 2,5 million people in the Greater Manchester and pennine areas To support the Customer in ensuring that,where DPC is used,the interests of consumers are protected,value for money is achieved and that we receive appropriate assurances from water companies that their duties will be met to an equivalent or better standard compared to more traditional delivery routes.

Robust legal advice will be required to enable OFWAT to carry out its oversight role in relation to DPC projects.this will include helping OFWAT understand and engage with the commercial and contractual elements governing DPC projects, to minimise the risks of a challenege in respect of any decisions by OFWAT in relation to DPC projects Aresa of work will include but not limited to:

advising OFWAT on how United Utilities intends to carry out, and carries out,the procurement of a CAP for the Manchester and Pennines resilience scheme (including,but not limited to,advice on compliance with procurement law)

advising OFWAT on the terms of draft agreement(s) between United Utilities and (proposed) cap

advising on the exercise of OFWAT's regulatory functions under the Water Industry Act 1991 and United Utilities instrument of appointment (licence) as a water undertaker and a sewerage undertaker(including licence conditions imposing requirements on United Utilities in relation to the procurement and operation od DPC profects) reviewing papers for, and if necessary attending, internal OFWAT meetings (including, but not limited to meetings of the OFWAT board)

Reviewing papers for, and if necessary attending,OFWAT meetings with companies and/or CAPs or prospective CAPs

assisting in responding to external communications received by OFWAT in relation to Manchester & Pennines resilience scheme and united Utilities' procurement of a CAP (including, but not limited to,communications from stakeholders and requests under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004) defending any judicial review claims which may be bought against OFWAT at any point in relation to the Manchester and Pennines reilience scheme.

We require the following legal specialisms, commercial law,competition,contractual law,corporate law,projects/PFI/PPP,public law, Public Procurement Law in particular Utilities Contracts Regulations

Additional information: For Further Information;please contact procurement@ofwat.gov.uk