FM21116 - Arbitration Referral and Management Services

Concepts

• business services
• arbitration referral and management services
• birmingham
• uk shared business services ltd
• management services
• administration services
• appointment of an alternative arbitrator
• shared business services ltd
• arbitration referral
• knowledge management requirements

Location

Birmingham:

Description

UK Shared Business Services Ltd (UK SBS) on behalf of Pubs Code Adjudicator (PCA), wish to appoint a provider for Arbitration Referral and Management Services. UK SBS is managing this procurement process in accordance with the Public Contracts Regulations 2015 (as amended from time to time) (the "Regulations"). This is a Services Framework Agreement being Procured under Open OJEU Procedure Regulations. See Section I.3) for access to procurement documentation. UK SBS will be using the Delta eSourcing Portal for this procurement. The access code is 54D62EEWY3

Total Quantity or Scope

Description The Pubs Code Adjudicator (PCA) is the independent regulator responsible for enforcing the statutory Pubs Code (the Code). The Code regulates the relationship between all pub companies (referred to as pub-owning businesses in the Code) owning 500 or more tied pubs in England and Wales and their tied tenants. Tied tenants are those that are obliged to purchase beer from their landlord. They may be tied for other products and services too. The Code has two over-arching principles - to ensure: 1. fair and lawful dealing by pub companies in relation to their tied tenants 2. that individual tied tenants should not be worse off than they would be if they were free of the tie (the 'no worse off' principle). The Code imposes (among others) information and transparency obligations on the pub companies. An important element of the Code is the introduction of the option for tied tenants in certain circumstances to request a Market Rent Only (or MRO) option to go 'free of tie'. The Pubs Code came into force on 21 July 2016. Dispute resolution under the Pubs Code is by way of a referral for arbitration. This contract is for the management of those referrals, including the process for any appointment of an alternative arbitrator. The PCA is looking to appoint a sole supplier that will take on the end to end case management and administration of the arbitration service. The sole supplier will not be required to conduct the arbitration themselves but will be responsible for sourcing a suitable arbitrator for appointment by the PCA if appropriate, and in accordance with the exercise of her statutory powers once a referral has been made. The remit of the sole supplier will not end on appointment of an arbitrator and the service provision following this is outlined in the specification. There are also Arbitrator training and knowledge management requirements covered within this appointment, further details can be found in the specification. This Framework Agreement is for a duration of 2 years with the option to extend for a further 1 year, and then again for a further 1 year (2+1+1). Bidders are to note that as this opportunity is to establish a framework agreement there will be no guaranteed minimum spend over the duration except the fixed one off payments for set up and maintenance of the service and contract delivery infrastructure, all work will be awarded to the sole supplier when a referral is raised. A brief summary of the requirement has been provided above, please ensure you review the specification for full details of this requirement. All details relating to this procurement can be found within the Stage One: Overview Section on the Delta eSourcing Portal. UK SBS is managing this procurement process in accordance with the Public Contracts Regulations 2015 (as amended from time to time).

Renewal Options

This Framework Agreement is for a duration of 2 years with the option to extend for a further 1 year, and then again for a further 1 year (2+1+1).

Award Criteria

CPV Codes

• 79000000 - Business services: law, marketing, consulting, recruitment, printing and security
• 75100000 - Administration services
• 79422000 - Arbitration and conciliation services
• 80500000 - Training services

Indicators

• This is a one-off contract (no recurrence)
• Renewals are available.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. ** All submissions will be assessed in accordance with the Public Contracts Regulations 2015, for procurement values that exceed Regulation 5 (Threshold amounts). Responses must be received by the date in the tender documentation; responses received outside of the deadline or not sent via the Delta eSourcing portal will not be accepted or considered further for this opportunity. As a user of the Delta eSourcing Portal you will have access to the Delta messaging service which facilitates all messages sent to ou and from you in relation to any specific tender event. Please note it is your responsibility to access these messages on a regular basis to ensure you have sight of all relevant information applicable to this opportunity. The contracting authority expressly reserves the right: (i) not to award any contract as a result of the procurement process commenced by publication of this notice; and (ii) to make whatever changes it may see fit to the content and structure of the procurement and in no circumstances will the contracting authority be liable for any costs incurred by any supplier. If the contracting authority decides to enter into a contract with the successful supplier, this does not mean that there is any guarantee of subsequent contracts being awarded. Any expenditure, work or effort undertaken prior to contract award is accordingly a matter solely for the commercial judgement of bidders. How to apply UK Shared Business Services Ltd (UK SBS) will be using the Delta eSourcing Portal for this procurement. To register on the Delta eSourcing portal please use the link https://uksbs.deltaesourcing.com and follow the instructions to register. If you are already registered on the Delta eSourcing Portal and wish to participate in this procurement, please use the link: https://uksbs.delta-esourcing.com and the follow the instructions to 'Login' Once you are logged into the system you will be able to link yourself into this procurement using the access code: 54D62EEWY3