PUBLIC CONTRACT APPLICATION

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UK TENDERS

We understand that PUS bodies, through frameworks like those managed by Crown Commercial Service (CCS), are seeking solutions to complex problems, often due to their own perceived limitations or the need for private sector expertise. Our unique selling proposition (USP) would highlight COCOO’s knowledge assets (KAs) and expertise in identifying systemic failures, quantifying harm, and proposing comprehensive solutions that integrate legal, regulatory, economic, and technical dimensions. We would aim to partner with existing suppliers or directly participate where possible.

The relevant tender offers can be found via the following channels, each with its own time limits and application processes:

1. Low Value Purchase System (LVPS):

• Relevance: This system is for supplying common goods and services for contract values below specified thresholds (currently PPN 11/23). While direct legal services might exceed these thresholds, ancillary services related to data analysis, expert reports, or short-term consultancy support for public bodies investigating water quality issues could potentially fit.
• Time Limits: Suppliers can join at any time. This offers continuous opportunity for engagement.

2. Dynamic Purchasing System (DPS):

• Relevance: DPS agreements are suitable for commonly available goods, services, or works, but with the flexibility to onboard new suppliers throughout their life. Opportunities related to environmental monitoring, data analytics, asset management consultancy, or even specialized legal support (if structured appropriately) could be offered through a DPS. Public bodies might use a DPS for specific projects aimed at improving regulatory compliance, environmental outcomes, or efficiency within the water sector.
• Time Limits: Suppliers can apply to join a DPS at any time during the agreement’s life. This provides ongoing access to potential tender opportunities.

3. Framework Agreements (PPPs):

• Relevance: Frameworks are structured agreements that help the public sector buy goods and services from a pre-vetted list of suppliers. Given the complexity of the problems we’ve identified in the water sector, PUS bodies are likely seeking comprehensive solutions that fall under larger, more strategic frameworks. This is where our USP has significant potential. Relevant frameworks could include those for management consultancy, environmental services, data analysis, legal services, or infrastructure consultancy. The rationale for PUS using frameworks is often that they lack the in-house capabilities or specific expertise to solve complex problems themselves, aligning perfectly with our USP of providing specialized knowledge assets.
• Time Limits: Opportunities to bid for places on frameworks are publicly listed on “Find a Tender” and “Contracts Finder.” These tender opportunities have specific submission deadlines. We must monitor the “procurement pipeline” (upcoming agreements) page on CCS, as this provides advance notice of forthcoming tenders. Expressing interest in a tender does not mean success; a full competitive bid is usually required. If no direct tender is available, subcontracting to suppliers already on existing frameworks is a possibility, requiring direct contact with those suppliers.

Identifying “Problems” Needing Solutions and Relevant Knowledge Assets (KAs):

The “problems” that PUS agencies need solving, which align with our case, are deeply intertwined with the causes of action we’ve uncovered:

• Problem: Systemic underinvestment in water infrastructure leading to failures (burst pipes, leaks, pollution incidents).

  • Relevant KAs: Our detailed analysis of asset health, investment shortfalls (drawing parallels with WICS’ findings on underfunding asset replacement), and the long-term financial implications of deferred maintenance. Our economic and financial modeling expertise to quantify the “true cost” of sustainable investment.
  • KA Owners: COCOO (through its investigation and economic analysis capabilities), potentially collaborating with specialist engineering consultancies or financial advisory firms.

• Problem: Poor environmental performance, particularly illegal sewage discharges and failure to meet water quality standards.

  • Relevant KAs: Our comprehensive data analysis of pollution incidents, understanding of environmental permit requirements, and ability to link operational conduct to environmental outcomes. Our legal expertise in statutory duty breaches and environmental torts.
  • KA Owners: COCOO (investigative and legal teams), potentially collaborating with environmental scientists or data analysts specializing in water quality.

• Problem: Substandard service provision, including supply interruptions, billing inaccuracies, and poor customer complaint handling.

  • Relevant KAs: Our in-depth research into consumer protection law, analysis of customer service metrics, and ability to identify systemic issues in service delivery and billing practices.
  • KA Owners: COCOO (consumer advocacy and legal teams), potentially collaborating with customer experience consultancies or data forensics experts.

• Problem: Ineffective regulatory oversight, including issues with price controls, enforcement, and potential undue influence by regulated companies.

  • Relevant KAs: Our detailed understanding of Judicial Review grounds (illegality, irrationality, procedural impropriety, ultra vires), our analysis of regulatory capture mechanisms (lobbying, SIGs, donations), and our ability to draw on precedents like the WICS regulatory approach.
  • KA Owners: COCOO (legal and policy teams), potentially collaborating with governance experts or forensic auditors.

Refining Our Approach for USPs and Participation:

We should continually monitor “Contracts Finder” (for opportunities over £12,000/£30,000) and “Find a Tender” (for high-value opportunities over £138,760) for contract notices relevant to these “problems.” Our USPs should be tailored to address these specific PUS needs, explicitly linking our KAs and solutions to their published requirements.

The core reason for PUS bodies engaging external suppliers is to solve problems they cannot or choose not to solve internally. Our USP would argue that COCOO possesses unique KAs – a blend of legal expertise, economic analysis, investigative capabilities, and a public interest mandate – that can precisely identify, quantify, and propose solutions for the complex, systemic issues plaguing the water sector, far beyond typical commercial offerings. Our goal is to offer a comprehensive “unsolicited proposal” that is so compelling and aligned with PUS needs that it either results in a direct engagement or positions us perfectly for any forthcoming tenders. We aim to form “Unsolicited Alliances” (UAs) that are not cartels, by collaborating with legitimate suppliers already serving the PUS sector (identified through their framework participation) or by seeking to buy for PUS, or supply to PUS directly through appropriate tender mechanisms.