Section one: Contracting authority
one.1) Name and addresses
Pubs Code Adjudicator
4th Floor, 23 Stephenson Street
Birmingham
B2 4BJ
Contact
Rhedyn Griffiths
Telephone
+44 7859078788
Country
United Kingdom
NUTS code
UKG31 - Birmingham
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
FM21116 - Arbitration Referral and Management Services
Reference number
FM21116
two.1.2) Main CPV code
- 79000000 - Business services: law, marketing, consulting, recruitment, printing and security
two.1.3) Type of contract
Services
two.1.4) Short 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
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £524,000
two.2) Description
two.2.2) Additional CPV code(s)
- 75100000 - Administration services
- 79422000 - Arbitration and conciliation services
- 80500000 - Training services
two.2.3) Place of performance
NUTS codes
- UKG31 - Birmingham
two.2.4) Description of the procurement
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.
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).
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
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 70.00%
Price - Weighting: 30.00%
two.2.11) Information about options
Options: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2021/S 000-014105
Section five. Award of contract
Contract No
1
Title
Arbitration Referral and Management Services
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
29 November 2021
five.2.2) Information about tenders
Number of tenders received: 4
Number of tenders received from SMEs: 3
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Chartered Institute of Arbitrators
12 Bloomsbury Square
London
WC1A 2LP
Country
United Kingdom
NUTS code
- UKI - London
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £524,000
Total value of the contract/lot: £524,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
UK Shared Business Services Limited
Swindon
SN2 1FF
Telephone
+44 1793867005
Country
United Kingdom