Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
BIRMINGHAM CITY COUNCIL
BIRMINGHAM
B47WB
UK
E-mail: cps@birmingham.gov.uk
NUTS: UKG31
Internet address(es)
Main address: https://www.birmingham.gov.uk/
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Legal Services supporting Councils Highway Maintenance and Management contract
Reference number: P0989_2024-1
II.1.2) Main CPV code
79100000
II.1.3) Type of contract
Services
II.1.4) Short description
Specialist external advocacy, legal advice and support relating to the Councils Highway Maintenance and Management contract
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
4 500 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKG
II.2.4) Description of the procurement
Specialist external advocacy, legal advice and support relating to the Highway Maintenance and Management contract.
II.2.5) Award criteria
Price
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
This is an award without prior publication due to the circumstances in paragraph b(ii) of Regulation 32(2)(c) of the Public Contract Regulations (2015) in that in the circumstances for reasons of extreme urgency brought about by events unforeseeable by the Council (the unforeseen litigation), the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with.
Contract duration is for the period of up to 24 months. Thereafter the services will be competitively re-procured.
More info can be found at https://birmingham.cmis.uk.com/birmingham/Decisions/tabid/67/ctl/ViewCMIS_DecisionDetails/mid/391/Id/bbbf18ce-3356-472e-a3cc-1f66db979195/Default.aspx
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the Directive
Explanation
This is an award without prior publication due to the circumstances in paragraph b(ii) of Regulation 32(2)(c) of the Public Contract Regulations (2015) in that in the circumstances for reasons of extreme urgency brought about by events unforeseeable by the Council (the unforeseen litigation connected to the DfT's late decision to withdraw PFI credits for the HMMPFI contract and the Council's decision to issue Judicial Review (JR) proceedings on 2 January 2024 ), the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with.
Contract duration is for the period of up to 24 months. Thereafter the services will be competitively re-procured.
More info can be found at https://birmingham.cmis.uk.com/birmingham/Decisions/tabid/67/ctl/ViewCMIS_DecisionDetails/mid/391/Id/bbbf18ce-3356-472e-a3cc-1f66db979195/Default.aspx
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
17/07/2024
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
DLA Piper UK LLP
OC307847
160 Aldersgate Street
London
EC1A 4HT
UK
NUTS: UKI
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 4 500 000.00
GBP
V.2.5) Information about subcontracting
The contract is likely to be subcontracted
Short description of the part of the contract to be subcontracted:
(i) legal advice connected to the insurance element of the PFI contract; and
(ii) independent advisor connected to the June 2019 multi-party settlement described in reports attached to https://birmingham.cmis.uk.com/birmingham/Decisions/tabid/67/ctl/ViewCMIS_DecisionDetails/mid/391/Id/bbbf18ce-3356-472e-a3cc-1f66db979195/Default.aspx and representation at board level with BHL.
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Royal Courts of Justice
he High Courts of Justice London
London
UK
VI.5) Date of dispatch of this notice
23/07/2024