Awarded contract

FM21116 - Arbitration Referral and Management Services

  • Pubs Code Adjudicator

F03: Contract award notice

Notice reference: 2021/S 000-031627

Published 17 December 2021, 2:50pm



Section one: Contracting authority

one.1) Name and addresses

Pubs Code Adjudicator

4th Floor, 23 Stephenson Street

Birmingham

B2 4BJ

Contact

Rhedyn Griffiths

Email

fmprocurement@uksbs.co.uk

Telephone

+44 7859078788

Country

United Kingdom

NUTS code

UKG31 - Birmingham

Internet address(es)

Main address

www.uksbs.co.uk

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

Email

policy@uksbs.co.uk

Telephone

+44 1793867005

Country

United Kingdom

Internet address

www.uksbs.co.uk