Voluntary ex ante transparency notice

Classic Sector

Publication iaw FOR 2006-04-07 no. 402 part III

Services

Section I: Contracting authority

I.1)

Name, addresses and contact point(s)

Environmental Protection Agency
Ireland
Headquarters
PO Box 3000 Johnstown Castle Estate
IE
For the attention of: Kevin Motherway
Telephone: +353 539160600
E-mail: k.motherway@epa.ie
Fax: +353 539160699

Internet address(es):
Address of the buyer profile: http://irl.eu-supply.com/ctm/Supplier/CompanyInformation/Index/334
Electronic access to information: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=86068&B=ETENDERS_SIMPLE

I.2)

Type of the contracting authority

National or federal agency/office

I.3)

Main activity

Environment

I.4)

Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority:

Multi-Operator Framework Agreement for Leachate Haulage from Kerdiffstown Landfill

II.1.2)

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

Services

Category No2: Land transport services [2], including armoured car services, and courier services, except transport of mail

Main site or location of works, place of delivery or of performance:

Kerdiffstown Landfill Co Kildare

NUTS code

IE02

II.1.3)

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

The notice involves contract(s) based on a dynamic purchasing system (DPS)

II.1.4)

Short description of the contract or purchase(s)

The Environmental Protection Agency (“EPA”) originally followed an open tender process in order to identify the successful tenderer in order to establish a framework agreement for Leachate Haulage Services so that the EPA could remediate the site further to section 56 of the Waste Management Act 1996 (as amended)

These services will include the provision of a road haulage service to transport liquid waste by tanker from a waste management facility near Naas, co Kildare, to a wastewater treatment works within 50km of the site.

-Collection of leachate by connecting the road tanker to an existing on-site standpipe and filling using the haulier’s lorry-mounted pump;

-Exchange of chain of custody paperwork and liaising with site security staff;

-Delivery of the leachate to the nominated wastewater treatment plant;

-Taking bottle samples and delivery of samples to a nominated laboratory for analysis;

-discharge of the load and further custody paperwork, all in liaison with the treatment plant operator.

The anticipated frequency is two 25 tonne loads per day, excluding Sundays and public holidays.

The leachate is hazardous (EWC code 19 07 02) and strict safety measures will apply. Vehicles, crew and all operations must accord with the Carriage of Dangerous Goods by Road Act and relevant Regulations.

This framework was originally valued at 1,000,000 - 1,500,000 for the duration of the framework. It is intended following the completion of this framework that a contracting authority will go to the market for a unified Leachate Haulage and treatment framework in the coming months.

II.1.5)

Common procurement vocabulary (CPV)

Main vocabulary

90500000 Refuse and waste related services

Supplementary vocabulary

90512000 Refuse transport services

90513500 Treatment and disposal of foul liquids

90513600 Sludge removal services

90513900 Sludge disposal services

II.1.6)

Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.2)

Total final value of contract(s)

II.2.1)

Total final value of contract(s)

Lowest offer 1000000 and highest offer 1500000 EUR
Excluding VAT

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annex D1)

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU):

Directive 2004/18/EC

1) Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC

Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive: no

Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no

Service contract awarded to the successful candidate or one of them after a design contest: no

All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no

2) Other justification for the award of the contract without prior publication of a contract notice in the OJEU

The contract falls outside the scope of application of the Directive

Please note that the statement above is created by auto text on the form template and cannot be edited. The original contract was within the scope of the Directive. The transfer of the contract is permissible for the reasons set out below: This agreement is specific and limited to the environmental remediation of the Kerdifffstown Landfill site. The Environmental Protection Agency (“EPA”) originally followed an open tender process in order to identify the successful tenderer for this agreement in order that the EPA could remediate the site further to sections 56 of the Waste Management Act 1996 (as amended) (“WMA”). It subsequently became apparent, due to unforeseen circumstances, that the EPA could not retain competency for the remediation of the site as it is responsible for licensing, and enforcement in respect of, the licensable activities that must be undertaken to remediate the Kerdiffstown Landfill site. The EPA will accordingly cease to intervene under section 56 of the WMA and Kildare County Council (“Intervening Authority”) is to take on the role of intervening authority under section 56 of the WMA. The Intervening Authority will, thereafter, apply to the EPA for a Waste Licence and to An Bord Pleanala for planning permission to undertake the full remediation of the Kerdiffsown Landfill. The associated project specific agreements will be transferring from the EPA to the Intervening Authority in light of this. The only change occurring to the agreement is a change in the name of the contracting authority. The scope, term, nature and value of the agreement is not changing. The agreement is project specific and limited to remediation of the Kerdiffstown site. The transfer of the agreement consequently does not: (a) introduce conditions which would have allowed for the admission of tenderers other than those initially admitted or allow for the acceptance of a tender other than the one initially accepted; (b) extend the scope of the agreement to encompass services not initially covered; or (c) change the economic balance of the agreement in favour of the successful tenderer. The Intervening Authority will advertise for the procurement of a Leachate Haulage and Treatment framework in the coming months.

IV.2)

Award criteria

IV.2.1)

Award criteria

The most economically advantageous tender in terms of
1. Please see original tender documents . Weighting 100

IV.2.2)

Information about electronic auction

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

Leachate VEAT

IV.3.2)

Previous publication(s) concerning the same contract

Section V: Award of contract

Contract No: 1 Lot No: 1 - Lot title:

Multi-Operator Framework Agreement for Leachate Haulage from Kirdiffstown Land fill

V.1)

Date of contract award decision:

08.11.2012

V.2)

Information about offers

Number of offers received: 1

Number of offers received by electronic means: 1

V.3)

Name and address of economic operator in favour of whom the contract award decision has been taken

Elsatrans Ltd
IRELAND
2, The Crescent, Johnstown,
Kildare Naas
IE
Telephone: +353 45409215
Fax: +353 45856719

Internet address: http://www.elsatrans.ie

V.4)

Information on value of contract

Total final value of the contract:
Lowest offer 1000000 and highest offer 1500000 EUR
Excluding VAT

If annual or monthly value:

Number of years: 4

V.5)

Information about subcontracting

The contract is likely to be sub-contracted: no

Section VI: Complementary information

VI.1)

Information about European Union funds

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

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

High Court
Ireland
Central Office of the High Court, Four Courts,
Dublin 7 Inns Quay
Telephone: +353 18886000
E-mail: HighCourtCentralOffice@courts.ie
Fax: +353 18886125

Internet address: http://www.courts.ie/

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

Precise information on deadline(s) for lodging appeals:

Please refer to European Communities ( Public Authorities‘ Contracts) (Review Procedures) Regulations 2010 transposing Directive 2007/66EC ( S.I. 130 of 2010).

Contact your legal advisor in this regard for more information.

VI.3.3)

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

The Courts Service
Ireland
15 - 24 Phoenix Street North
Dublin 7 Smithfield
IE
Telephone: +353 18886000

Internet address: http://www.courts.ie/

Voluntary ex ante transparency notice

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