Social and other specific services – utilities
Contract notice
Section I: Contracting
entity
I.1) Name and addresses
Xlinks
Kingfisher House 1 Radford Way Billericay CM12 0EQ, 1 Radford Way
Billericay
CM120EQ
UK
Contact person: Stephen Kennedy
Telephone: +44 7568101073
E-mail: stephen@xlinks.co
NUTS: UK
Internet address(es)
Main address: https://xlinks.co
Address of the buyer profile: www.xlinks.co
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://www.delta-esourcing.com/tenders/UK-UK-Billericay:-Legal-services./K2959429HE
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent to the abovementioned address
I.6) Main activity
Electricity
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Provision of Legal Advisory Services
Reference number: 500/002
II.1.2) Main CPV code
79100000
II.1.3) Type of contract
Services
II.1.4) Short description
Provision of legal services covering various aspects of the Xlinks Morocco-UK Power Project (Project), including advice on project structure and project and financing documents, legal requirements along the cable route, property, permitting and environmental matters and regulatory and corporate governance matters. The contracts will cover the period until achievement of financial close and completion of post close administration and conditions subsequent. For further details on the Project see: https://xlinks.co
II.1.5) Estimated total value
Value excluding VAT:
6 700 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
Yes
Tenders may be submitted for all lots
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:
Any combination of Lots.
II.1.7) Total value of the procurement
Lowest offer:
/ Highest offer:
II.2) Description
Lot No: 1
II.2.1) Title
Legal advisory services.
II.2.2) Additional CPV code(s)
79111000
II.2.3) Place of performance
NUTS code:
UK
Main site or place of performance:
UNITED KINGDOM
II.2.4) Description of the procurement
Providing advice to Xlinks on all English law, Moroccan law and EU law aspects of the Project as requested by Xlinks for the period to financial close and post-close completion and administration, excluding anything forming part of any other Lot. Lot 1 will include advising on legal and commercial structuring and project and financing documents, government agreements (e.g. CfD, Investment Agreement in Morocco) and legislative changes, if required.
II.2.6) Estimated value
Value excluding VAT:
4 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
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
Bidders for Lot 1 may comprise two law firms (preferably with prior experience working together) in order to cover required qualifications and experience. See Supplier Questionnaire for the information to be provided. The contract duration will depend on achievement of financial close and completion of post close activities. Xlinks will be entitled to extend the contract by up to 12 months.
Lot No: 2
II.2.1) Title
Portuguese Law Adviser
II.2.2) Additional CPV code(s)
79111000
II.2.3) Place of performance
NUTS code:
PT
Main site or place of performance:
PORTUGAL
II.2.4) Description of the procurement
Provision of Portuguese law advice in relation to the cable route through Portuguese waters and all matters arising therefrom for the period to financial close and post-close completion and administration, including all permitting, planning, environmental and other legal and regulatory requirements, any impact on the project structure and requirements under the project and finance documents.
II.2.6) Estimated value
Value excluding VAT:
350 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
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
The contract duration will depend on the achievement of financial close and completion of post close activities. Xlinks will be entitled to extend the contract by up to 12 months.
Lot No: 3
II.2.1) Title
Spanish Law Adviser
II.2.2) Additional CPV code(s)
79111000
II.2.3) Place of performance
NUTS code:
ES
Main site or place of performance:
ESPAÑA
II.2.4) Description of the procurement
Provision of Spanish law advice in relation to the cable route through Spanish waters and all matters arising therefrom for the period to financial close and post-close completion and administration, including all permitting, planning, environmental and other legal and regulatory requirements, any impact on the project structure and requirements under the project and finance documents.
II.2.6) Estimated value
Value excluding VAT:
350 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
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
The contract duration will depend on the achievement of financial close and completion of post close activities. Xlinks will be entitled to extend the contract by up to 12 months.
Lot No: 4
II.2.1) Title
French Law Adviser
II.2.2) Additional CPV code(s)
79111000
II.2.3) Place of performance
NUTS code:
FR
Main site or place of performance:
FRANCE
II.2.4) Description of the procurement
Provision of French law advice in relation to the cable route through French waters and all matters arising therefrom for the period to financial close and post-close completion and administration, including all permitting, planning, environmental and other legal and regulatory requirements, any impact on the project structure and requirements under the project and finance documents.
II.2.6) Estimated value
Value excluding VAT:
350 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
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
The contract duration will depend on the achievement of financial close and completion of post close activities. Xlinks will be entitled to extend the contract by up to 12 months.
Lot No: 5
II.2.1) Title
Planning, Permitting and Environmental Legal Adviser (PPE)
II.2.2) Additional CPV code(s)
79111000
II.2.3) Place of performance
NUTS code:
UK
Main site or place of performance:
UNITED KINGDOM
II.2.4) Description of the procurement
Provision of English law advice in relation to land acquisition (including CPO powers if applicable), planning, permitting and environmental compliance in the UK (onshore and offshore), including crossing, compromise and similar agreements with affected parties, for the period to financial close and post-close completion and administration.
II.2.6) Estimated value
Value excluding VAT:
900 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
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
The contract duration will depend on the achievement of financial close and completion of post close activities. Xlinks will be entitled to extend the contract by up to 12 months.
Lot No: 6
II.2.1) Title
Procurement, Governance and Regulatory (PGR) Adviser
II.2.2) Additional CPV code(s)
79111000
II.2.3) Place of performance
NUTS code:
UK
Main site or place of performance:
UNITED KINGDOM
II.2.4) Description of the procurement
Provision of English law advice in relation to procurement, corporate governance and regulatory matters for Xlinks and its UK subsidiaries for the period to financial close and post-close completion and administration, including advice on compliance with specific requirements imposed on entities regulated under the Electricity Act 1989.
II.2.6) Estimated value
Value excluding VAT:
750 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
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
The contract duration will depend on the achievement of financial close and completion of post close activities. Xlinks will be entitled to extend the contract by up to 12 months.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.4) Objective rules and criteria for participation
Qualification and registration to provide legal services in the relevant jurisdiction for the Lot;
Experience of the Bidder in providing legal services of the type required for the relevant Lot; Ability of the Bidder to provide legal services to Xlinks in fluent business English.
See the Supplier Questionnaire for further details.
Xlinks reserves the right to restrict participation in the tender to no more than 10 Bidders per Lot, selected on the basis of the qualification criteria set out in the Supplier Questionnaire.
Bidders are encouraged to submit a proposal in conjunction with other law firms in order to provide a proposal covering all Lots, but Xlinks reserves the right to award individual Lots. Bidders are not permitted to condition their proposal for any Lot on award of any other Lot.
III.2) Conditions related to the contract
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Restricted procedure
IV.1.11) Main features of the award procedure:
The Tender document will set out further detail on the Project and the work scope for each Lot. Bidders will be evaluated on the experience of their proposed team members in advising on similar projects and issues, their pricing proposals, and their commercial approach and methodology for performing the services. Further detail on the evaluation criteria and weighting will be set out in the Tender document. Following evaluation of the tenders, Xlinks reserves the right to nominate a short list of bidders for further negotiations. The eliminated bidders will not be considered for further negotiations and they will be notified accordingly. Further detail of the anticipated process will be set out in the Tender document.
Xlinks considers that the Utilities Contracts Regulations 2016 (UCR2016) may potentially apply to the award of contracts under Lot 5. As a result, it is Xlinks' current intention, on a voluntary basis, to follow the procedures set out in UCR2016 as regards the award of the contract for Lot 5. A voluntary standstill period will be applied.
However, Lots 1 to 4 are anticipated to cover activities the main subject matter of which is outside the UK and/or is not a utility activity. Lot 6 is below the threshold set out in Regulation 16 of the UCR2016. On this basis, Xlinks considers that it is clear that the contracts for Lots 1 to 4 and 6 are exempted from UCR2016 at least under Regulation 19(1)(b) and/or Regulation 6(2)(b) or (for Lot 6) Regulation 16 UCR2016. Xlinks does not consider that UCR2016 are engaged as regards the award of contracts for those Lots. Xlinks is publishing this notice voluntarily as regards Lots 1 to 4 and 6. Xlinks reserves the right to establish its own process for the award of contracts under Lots 1 to 4 and 6 and does not consider itself bound by UCR2016 in relation to these Lots. A voluntary standstill period will not be applied to Lots 1 to 4 and 6.
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
12/05/2022
Local time: 18:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
Section VI: Complementary information
VI.3) Additional information
For more information about this opportunity, please visit the Delta eSourcing portal at:
https://www.delta-esourcing.com/tenders/UK-UK-Billericay:-Legal-services./K2959429HE
To respond to this opportunity, please click here:
https://www.delta-esourcing.com/respond/K2959429HE
GO Reference: GO-202252-PRO-20068219
VI.4) Procedures for review
VI.4.1) Review body
Xlinks
Kingfisher House 1 Radford Way Billericay CM12 0EQ, 1 Radford Way
Billericay
CM120EQ
UK
Telephone: +44 7568101073
E-mail: stephen@xlinks.co
VI.5) Date of dispatch of this notice
02/05/2022