Legal Support

NLB wish to appoint a Legal Services Provider for services to support the Procurement process, contract award and contract delivery activties to replace NLV Pole Star with a replacement vessel.

The Procurement activity will follow the Governments approval process "Green Book". NLB also have a requirement for Procurement Assurance Advice as part of the process that will be completed with the Department for Transport. NLB follow the UK Procurement Regulations and will complete a Commercial Assurance Framework with the DfT for each stage of the Procurement Process. Assurance will be required for each stage of the Outsourcing Playbook version 2 dated June 2020.

The requirement will be for Legal support and advice from December 2020 to the completion of the ship build in 2024 and for the warranty period after the build, expected to be for one year therefore 2025.

It is important for NLB to appoint a contractor who can demonstrate previous experience covering the Green Book and the Outsourcing Playbook in additon to the following key aspects

1. Consideration and support on all contract matters 2. Assistance with the preparation of the tender documents and subsequent award agreement 3. Terms and Conditions - knowledge and experience of BIMCO for shipbuilding. 4. Insurance, required by NLB and the successful yard, in addition to their supply chain (as appropriate) 5. Risk - what should be retained by the letting authority, what can be passed to the successful yard. In addition to legal advice relating to any potential risk transfer options. 6. Contract Law - English and Scottish 7. EU Law (including the resolution of Brexit conglicts and clarifications). 8. Public Sector Procurement Law 9. Experience and Knowledge of Maritime ship building contract and dispute resolution 10. Health and Safety Law associated with Ship building. 11. Dispute Resolution - Impact within the ITT Documents including the various contractual interfaces 12. Environmental Law 13. Arbitration Services 14. Contract negotiation services 15. Letter of Assurance for the Procurement process to the effect that NLB have an effective contract, mitigated risk and identified residual risk.

Route to market is unclear at this stage, a PIN has been advertised within the European Market at the start of October 2020 to notify the market of NLB requirements. The actual notice maybe placed outwith this market and following World Trade Organisation instead. Knowledge of these options and the provisiono of best legal advice and direction will be required.

The successful contractor will be required to provide support to NLB at various stages of the Assurance process, this may also include attending the Commercial Assurance Board (CAB) meetings to provide support. Timelines for the process are detailed in table 1.