Scope
Description
Tfl requires a Forensic Accountant(BTVK) to provide further expert witness consultancy advice in respect of compulsory acquisition of land. Baker Tilly have been engaging with the claimant's forensic accountant for some time and have a long standing knowledge of the claim and the pertinent issues likely to arise. Prior to contract expiry in 2021 it appeared that the parties were close to final agreement with only three differences. Following legal advice, TfL's assessment has changed and TfL require BTVK to undertake additional analysis of elements of the claim.
The total award estimate is £189,930 expected to cover pre/post mediation reporting, ADR mediation, Tribunal process and ad-hoc advice work.
BTVK has already provided considerable input on this case including analysis of accounts data provided by the claimant, summary reports and liaison with the claimant's forensic accountant. TfL need to retain BTVK through a mediation and if necessary, a tribunal process, as the appointment of another expert at this stage would involve the new expert having to undertake their own analysis of the underlying data and to come up with their own conclusions, resulting in a duplication of work and further delay. This would therefore involve unnecessary additional expense both for TfL directly and on the claim.
A change in supplier would require any new contractor to start the accounts analysis completely afresh (as no Forensic Accountant will rely on the work of a previous advisor, especially where they are to potentially present evidence at Tribunal), which would mean a repeat of the extensive work currently already undertaken. BTVK have provided advise where required on this case since 2014. This may result in a newly appointed Forensic Accountant producing a different analysis to the analysis that TfL has currently responded to.
Contract 1
Supplier
Contract value
- £189,930 excluding VAT
- £227,916 including VAT
Above the relevant threshold
Earliest date the contract will be signed
22 August 2025
Contract dates (estimated)
- 22 August 2025 to 21 August 2028
- 3 years
Main procurement category
Services
CPV classifications
- 79410000 - Business and management consultancy services
- 79422000 - Arbitration and conciliation services
Contract locations
- UKI - London
Other information
Conflicts assessment prepared/revised
Yes
Procedure
Procedure type
Direct award
Direct award justification
- Additional or repeat goods, services or works - extension or partial replacement
- Additional or repeat goods, services or works - further goods, services or works following a competitive procedure
- Extreme and unavoidable urgency
Pursuant to Section 41(6) and Schedule 5, Paragraph 7 of the Procurement Act 2023, the contracting authority intends to make a direct award to BTVK for -
• Additional or repeat goods, services or works - extension or partial replacement
• Additional or repeat goods, services or works - further goods, services or works following a competitive procedure
• Extreme and unavoidable urgency
The supplier originally provided the service to TfL from 2014 to 2021 following a competitive tendering process. TfL now need to re -appoint the supplier to provide further Forensic Accountant services because of the current stalemate between the parties and the long-standing nature of this case.
Re-tendering would result in:
- Delay and duplication of onboarding or mobilisation costs
- Potential inconsistencies or misalignment with ongoing workstreams.
Supplier
Baker Tilly Advisory Group
- Companies House: OC304572
5th Floor, 2 London Wall Place
London
EC2Y 5AU
United Kingdom
Email: Mark.Jennings@bakertilly.com
Region: UKI31 - Camden and City of London
Small or medium-sized enterprise (SME): No
Voluntary, community or social enterprise (VCSE): No
Contract 1
Contracting authority
Transport for London
- Public Procurement Organisation Number: PHMT-6197-NWNZ
5 Endeavour Square
London
E20 1JN
United Kingdom
Region: UKI41 - Hackney and Newham
Organisation type: Public authority - central government