Lot 2 - OFWATs Direct Procurement for Customers Initiative - Work Package 001 - Support of the development of the legal and policy framework.

Lot 2 - OFWATs Direct Procurement for Customers Initiative - Work Package 001 - Support of the development of the legal and policy framework.

To support the Customer 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 Areas of work will include,but are not limited to:

advising on,and drafting,changes to the conditions of companies holding appointments (licences) as water undertakers and / or sewerage under the Water Industry Act 1991

advising on the development of the process for agreeing and procuring DPC projects, including OFWAT guidance documents for water companies and/or CAPs or prospective CAPs

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 challenge in respect of any decisions by OFWAT in relation to DPC projects advising on the establishment by OFWAT of an assurance framework for overseeing DPC Projects

advising on the development of uncertainty mechanisms to facilitate the transfer of a scheme back into a traditional in-house delivery model in circumstances where it is no longer appropriate to deliver the scheme as a DPC project

advising on the exercise of OFWAT's regulatory functions under the Water Industry Act 1991 and water companies licences (including licence conditions imposing requirements on water companies in relation to the procurement and operation of DPC projects)

reviewing papers for,and if necessary attending ,internal OFWAT meetings (including,but limited to,meetings of the OFWAT Board)

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

assisting in responding to external communications received by OFWAT in relation to OFWAT's approach to DPC projects (including,but not limited to,communications from stakerholders and requests under Freedom of Information Act 2000 or the Environmental Information Regulations 2004)

defending any judicial review claims which may be brought against in relation to OFWAT's process for dealing with DPC projects.

Require the following legal specialisms to be provided in the core team: Commercial Law, Competition Law, Projects / PFI /PPP, Public law and Public Procurement Law in particular Utilities Contracts Regualtions

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