ETENDERS

Contract notice - utilities

Information

Published

Date of dispatch of this notice: 07/08/2014

Expire date: 04/09/2014

External Reference: 2014-802104

TED Reference: 2014/S 152-273892

Contract notice - utilities

Cached Version

Contract notice

Utilities

Directive 2004/17/EC

Services

Section I: Contracting entity

I.1)

Name, addresses and contact point(s)

Bord Gais Eireann/Ervia
N/A
Gasworks Road
Co.Cork  Cork
IE
For the attention of: The Shared Services Procurement Manager
Telephone: +353 214239201
E-mail: kkidd@bge.ie
Internet address(es):
General address of the contracting entity: http://www.bordgais.ie
Address of the buyer profile: http://irl.eu-supply.com/ctm/Supplier/CompanyInformation/Index/376
Electronic access to information: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=79025&B=ETENDERS_SIMPLE
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from:The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
I.2)

Main activity

  • Production, transport and distribution of gas and heat
  • Water
I.3)

Contract award on behalf of other contracting entities

The contracting entity is purchasing on behalf of other contracting entities: yes
Ervia
Gasworks Road
Cork  Cork

Section II: Object of the contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting entity:

Framework for the Provision of Legal Services

II.1.2)

Type of contract and location of works, place of delivery or of performance

Services
    Category No21:  Legal services
    Main site or location of works, place of delivery or of performance:

    Cork/Dublin

    NUTS code
    IRELAND
    II.1.3)

    Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

    The notice involves the establishment of a framework agreement
    II.1.4)

    Information on framework agreement

    Framework agreement with several operators
    maximum number of participants to the framework agreement envisaged: 26
    Duration of the framework agreement
    Duration in years: 3
    Estimated total value of purchases for the entire duration of the framework agreement
    II.1.5)

    Short description of the contract or purchase(s)

    The framework will cover legal requirements for Ireland, and the UK. BGE/Ervia reserves the right to appoint any other legal adviser outside the framework agreement to undertake legal services. The intention is to establish a framework agreement for legal services in two Lots categorised as follows:

    Lot 1: Legal Services - Ireland

    Lot 2: Legal Services – Great Britain

    In order to receive your Invitation to Tender please contact kkidd@bge.ie stating your Company Name, address, relevant contact email address and telephone number.

    II.1.6)

    Common procurement vocabulary (CPV)

    79100000   Legal services
    II.1.7)

    Information about Government Procurement Agreement (GPA)

    The contract is covered by the Government Procurement Agreement (GPA):  no
    II.1.8)

    Information about lots

    This contract is divided into lots:  yes
    Tenders may be submitted for  one or more lots
    II.1.9)

    Information about variants

    Variants will be accepted:  no
    II.2)

    Quantity or scope of the contract

    II.2.1)

    Total quantity or scope:

    Please refer to Invitation to Tender.

    II.2.2)

    Information about options

    Options: no
    II.2.3)

    Information about renewals

    This contract is subject to renewal: yes
    Number of possible renewals: 
    Range: between   1  and  2

    Information about lots

    Lot No: 1  Lot title: Legal Services - Ireland 1a - Mandatory Services
    1)

    Short description:

    Tenderers bidding for Lot 1(a) must be in a position to provide Irish law advice in relation to the mandatory services listed below insofar as they relate to the business of BGE/Ervia and its subsidiaries. The list of services is not exhaustive and additional advice on matters arising from time to time may be sought.

    Mandatory services for Lot 1(a):

    (i) Competition Law (Irish and EU), Consumer Law and EU/International Law, Administrative and Constitutional Law;

    (ii) Corporate Governance and Mergers & Acquisitions;

    (iii) Financing and Banking Law, Restructuring & Insolvency Law;

    (iv) Commercial Law to include Joint Venture Agreements, Intellectual Property, Information Technology Law, Data Protection and Commercial Agreements;

    (v) Health & Safety Law;

    (vi) Litigation and Dispute Resolution (excluding Personal Injuries);

    (vii) Employment Law, Pensions and Benefits;

    (viii) Planning & Environmental Law;

    (ix) Procurement Law& Projects & Construction;

    (x) Regulatory Law, Energy Law and Natural Resources;

    (xi) Wayleaves, Property & Property Related Services.

    2)

    Common procurement vocabulary (CPV)

    79100000   Legal services
    3)

    Quantity or scope:

    Please refer to the Invitation to Tender

    4)

    Indication about different date for duration of contract or starting/completion

    5)

    Additional information about lots:

    The duration of the framework agreement for each Lot will be for an initial period of three (3) years with an option to extend for two (2) further one (1) year periods. This framework agreement concerns a non-priority (Annex XVIIB) service which is not subject to the full provisions of Directive 2004/17/EC.

    Lot No: 1  Lot title: Legal Services - Ireland 1b - Services
    1)

    Short description:

    Tenderers submitting a tender for one or more of the Lot 1(b) services must be able to demonstrate experience and expertise in advising on Irish law in respect of each of the sub-lot(s) which have been tendered. The service listed in relation to the sub-lots below represents the mandatory service for the particular sub-lot.

    Lot 1(b):

    (i) Commercial Contracts

    (ii) Litigation & Dispute Resolution (excluding Personal Injuries);

    (a) Dublin (City & County)

    (b) Leinster (excluding Dublin City & County)

    (c) Munster

    (d) Connacht, Cavan, Donegal & Monaghan

    (iii) Employment Law, Pensions & Benefits;

    (iv) Regulatory Law, Energy Law & Natural Resources;

    (v) Property & Property Related Services to include Wayleaves.

    2)

    Common procurement vocabulary (CPV)

    79100000   Legal services
    3)

    Quantity or scope:

    Please refer to the Invitation to Tender

    4)

    Indication about different date for duration of contract or starting/completion

    5)

    Additional information about lots:

    The duration of the framework agreement for each Lot will be for an initial period of three (3) years with an option to extend for two (2) further one (1) year periods. This framework agreement concerns a non-priority (Annex XVIIB) service which is not subject to the full provisions of Directive 2004/17/EC.

    Lot No: 2  Lot title: Legal Services - Great Britain
    1)

    Short description:

    Tenderers bidding for Lot 2 must be in a position to provide advice under the laws of England and Wales and Scotland in relation to the mandatory services listed below. The list of services is not exhaustive and additional advice on matters arising from time to time may be sought.

    Mandatory services for Lot 2:

    (i) Banking and Finance law

    (ii) Tax Law

    (iii) Competition Law (England and Wales, Scotland and EU) and Consumer Law

    (iv) Company Law (England and Wales and Scotland and EU)

    (v) Employment Law, Pensions & Benefits

    (vi) General Commercial Law Advice

    (vii) Health & Safety Law

    (viii) Intellectual Property, Information Technology Law and Data Protection

    (ix) Litigation & Dispute Resolution

    (x) Planning & Environmental Law

    (xi) Regulatory law, Energy Law & Natural Resources

    (xii) Wayleaves, Property & Property Related Services

    2)

    Common procurement vocabulary (CPV)

    79100000   Legal services
    3)

    Quantity or scope:

    Please refer to the Invitation to Tender

    4)

    Indication about different date for duration of contract or starting/completion

    5)

    Additional information about lots:

    The duration of the framework agreement for each Lot will be for an initial period of three (3) years with an option to extend for two (2) further one (1) year periods. This framework agreement concerns a non-priority (Annex XVIIB) service which is not subject to the full provisions of Directive 2004/17/EC.

    Section III: Legal, economic, financial and technical information

    III.1)

    Conditions relating to the contract

    III.1.1)

    Deposits and guarantees required:

    As per contract documents

    III.1.2)

    Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them

    As per contract documents

    III.1.3)

    Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

    Each individual, partnership or limited company must tender on its own to provide the services listed under each lot. Consortia of legal service providers are not permitted. However, further information on sub-consulting is included in the Invitation to Tender.

    III.1.4)

    Other particular conditions

    The performance of the contract is subject to particular conditions: no
    III.2)

    Conditions for participation

    III.2.1)

    Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

    Information and formalities necessary for evaluating if the requirements are met:

    If any of the conditions set out in Regulation 53(1) of The European Communities (Award of Public Authorities Contracts) Regulations 2006 apply to the applicant, the applicant will be excluded from the competition.

    III.2.2)

    Economic and financial ability

    Information and formalities necessary for evaluating if the requirements are met:

    A full description of candidates‘ required economic and financial capacity will be set out in the Invitation to Tender documents.

    III.2.3)

    Technical capacity

    A full description of candidates‘ required technical capacity will be set out in the Invitation to Tender documents.

    III.3)

    Conditions specific to services contracts

    III.3.1)

    Information about a particular profession

    Execution of the service is reserved to a particular profession: yes
    Reference to the relevant law, regulation or administrative provision:

    All solicitors must hold a current and valid Practising Certificate or equivalent from the Law Society of Ireland or equivalent professional body.

    III.3.2)

    Staff responsible for the execution of the service

    Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

    Section IV: Procedure

    IV.1)

    Type of procedure

    IV.1.1)

    Type of procedure

    Negotiated
    Some candidates have already been selected (if appropriate under certain types of negotiated procedures):  no
    IV.2)

    Award criteria

    IV.2.1)

    Award criteria

    The most economically advantageous tender in terms of , the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
    IV.2.2)

    Information about electronic auction

    An electronic auction will be used: no
    IV.3)

    Administrative information

    IV.3.1)

    File reference number attributed by the contracting entity

    14/056

    IV.3.2)

    Previous publication(s) concerning the same contract

    Notice number in the OJEU: 2012/S 149-249684  of 04.08.2012
    IV.3.3)

    Conditions for obtaining specifications and additional documents

    Payable documents: no
    IV.3.4)

    Time limit for receipt of tenders or requests to participate

    04.09.2014 - 12:00
    IV.3.5)

    Language(s) in which tenders or requests to participate may be drawn up

    EN
    Other: 

    Gaelige (with English translation available)

    Section VI: Complementary information

    VI.1)

    Information about recurrence

    This is a recurrent procurement: yes
    Estimated timing for further notices to be published:

    2018/2019

    VI.2)

    Information about European Union funds

    The contract is related to a project and/or programme financed by European Union funds: no
    VI.3)

    Additional information:

    This framework agreement concerns a non-priority (Annex XVIIB) service which is not subject to the full provisions of Directive 2004/17/EC. This notice is being published on a voluntary basis. Interested parties must register their interest by contacting kkidd@bge.ie in order to be included on the mailing list for clarifications. All information relating to attachments, including clarifications and changes, will be circulated to persons who have expressed an interest in tendering. The Contracting Authority will not be responsible for any costs, charges or expenses incurred by tenderers. For further details on the procedure for this competition please refer to the Invitation to Tender.

    VI.4)

    Procedures for appeal

    VI.4.1)

    Body responsible for appeal procedures

    The High Court,
    High Court Central Office, Four Courts, Inns Quay
    7  Dublin 7
    IE
    Telephone: +353 18886000
    E-mail: highcourtcentraloffice@courts.ie
    Fax: +353 18886125
    Internet address: http://courts.ie/
     

    Body responsible for mediation procedures

    VI.4.2)

    Lodging of appeals

    Precise information on deadline(s) for lodging appeals:

    Interested parties are referred to Statutory Instrument 131 of 2010, European Communities (Award of Contracts by Utility Undertaking) (Review Procedures)Regulations 2010 (and in particular Regulation 7 and 10(2).

    VI.4.3)

    Service from which information about the lodging of appeals may be obtained