Publication

Section I: Contracting authority

I.1)

Name, addresses and contact point(s)

University College Cork ( UCC )
N/A
6 Elderwood
College Rd Cork
IE
For the attention of: Procurement & Contracts Office (UCC)
Telephone: +353 214903514
E-mail: procurement@fin.ucc.ie
Fax: +353 214903535

Internet address(es):
General address of the contracting authority: http://www.ucc.ie
Address of the buyer profile: http://irl.eu-supply.com/ctm/Supplier/CompanyInformation/Index/1198
Electronic access to information: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=87297&B=ETENDERS_SIMPLE
Electronic submission of tenders and requests to participate: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=87297&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)

Type of the contracting authority

I.3)

Main activity

Education

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:

Provision of Legal Services to University College Cork

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

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: 18

Duration of the framework agreement
Duration in years: 3

Justification for a framework agreement, the duration of which exceeds four years:

Estimated total value of purchases for the entire duration of the framework agreement

Estimated cost excluding VAT
Range: between 1500000 and 2000000 EUR

Frequency and value of the contracts to be awarded:

II.1.5)

Short description of the contract or purchase(s)

Provision of Legal Services across the following lots;

Lot 1 - Education Law, Administrative Law, Legislative Advice and Regulatory Compliance (four firms)

Lot 2 - Estate Management& Capital Developments (four firms)

Lot 3 - Dispute Resolution & Employment Law (four firms)

Lot 4 - Commercial/Company Law, Intellectual Property & EU Law (four firms)

Lot 5 - Procurement (two firms)

II.1.6)

Common procurement vocabulary (CPV)

Main vocabulary

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)

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:

Supply of Legal Services for a three year period with an option to extend for one year

II.2.2)

Information about options

Options: no

II.2.3)

Information about renewals

This contract is subject to renewal: no

II.3)

Duration of the contract or time limit for completion

Duration in months: 036 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: Education Law, Administrative Law, Legislative Advice and Regulatory Compliance

1)

Short description:

Specialist Advice on matters arising out of the Universities Act, 1997, University Statutes and Regulations and University Codes of Governance;

Corporate Governance and matters arising from the work of the Governing Body;

Specialist advice including advice on University Statutes and Regulations;

Administrative Law matters, Vires questions, natural justice and fair procedures and other internal policy and procedural matters;

Issues arising in the general administration of UCC and impact of new and proposed legislation;

Health and Safety compliance and associated matters including legislative and regulatory advice; good practice and advice on policy and procedures;

Information Compliance, Freedom of Information, Data Protection and Ethics in Public Office - generally dealt with internally but may require specialist advice;

Advice on student & staff policy, procedure and regulatory matters;

Media/Entertainment Law and social media matters including cyber bullying;

Cross jurisdictional academic programmes and joint programmes;

Charities Regulation, Charitable Trusts and Deeds of Covenant;

Consumer and e-commerce law

2)

Common procurement vocabulary (CPV)

Main vocabulary

79100000 Legal services

3)

Quantity or scope:

4)

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

5)

Additional information about lots:

Lot No: 2 Lot title: Estate Management& Capital Developments

1)

Short description:

UCC is committed to a strategic approach to the use and development of its asset base.

The Buildings and Estates Office provides a comprehensive planning and management of estates and property service for UCC.

The Office of Corporate and Legal Affairs is responsible for conveyancing, leasing, insurance etc. Many of these areas will be dealt with internally but specialist advice may be sought from the successful firm[s].

External expertise may be required in respect of Capital Developments and Finance, encompassing:-

Development of Land;

Conveyancing;

Banking Law and Finance - including securities and other financial instruments;

Environmental law issues;

Warranties, Indemnities and Insurance for Capital Projects ;

Rateable Valuation Appeals;

Tenancy agreements and Licences

Planning law and procedure;

Property taxation and tax efficient structuring of property development and investment;

Tax based financing structures in relation to financing the cost of student residences and other University property;

Tax planning including VAT;

Services contracts;

Dispute Resolution – Conciliation, Mediation, Arbitration, Adjudication and Construction related litigation under GCC conditions of contract.

Building and Civil Engineering Contracts and Construction Law and Regulation;

Tendering and appointment procedures for construction contracts;

2)

Common procurement vocabulary (CPV)

Main vocabulary

79100000 Legal services

3)

Quantity or scope:

4)

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

5)

Additional information about lots:

Lot No: 3 Lot title: Dispute Resolution & Employment Law

1)

Short description:

Litigation arising out of the varied aspects of UCC’s activities;

Academic dishonesty;

Professional Negligence;

Contractual and other Commercial Disputes;

Injunctions/Emergency Relief;

Judicial review;

Property Litigation (other than Construction Litigation);

Intellectual Property disputes;

Defamation issues;

Alternative Dispute Resolution.

Legal aspects of recruitment.

Employment/Labour Law

Performance management and appraisal;

Terms and conditions of employment.

Disciplinary/suspension/grievance policy and procedures;

Transfers of Undertaking

Implementation of Equal Opportunity policy and procedures, Employment Equality Act and Equal Status Act;

Advice on issues relating to sexual harassment, bullying, disability, and discrimination;

Termination of employment including disciplinary hearings, redundancies and severance payments;

Claims in the Industrial Tribunals, Employment Appeals Tribunals and High Court.

Superior Court litigation arising from Employment issues;

Pensions Legislation and Pension Scheme Administration

Note: it is UCC’s objective that disputes be resolved as early and as informally as possible. In that regard it is anticipated that Alternative Dispute Resolution procedures will be developed and enhanced to avoid the necessity to have matters dealt with by the Courts. Successful tenderers may be required to provide support, advice and assistance towards the achievement of this objective.

2)

Common procurement vocabulary (CPV)

Main vocabulary

79100000 Legal services

3)

Quantity or scope:

4)

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

5)

Additional information about lots:

Lot No: 4 Lot title: Commercial / Company Law, Intellectual Property & EU Law

1)

Short description:

Many areas of Commercial / Company Law will be dealt with internally but specialist advice may be sought from the successful firm[s] in relation to Commercial and Company law matters particularly regarding:-

Commercial

Company Law including Companies Acts and related legislation;

Establishment, management and operation of subsidiary trading companies;

Company Secretarial matters;

Commercial Law and commercial agreements;

Joint Ventures

Tax planning and other issues regarding private finance initiatives;

Public Private Partnership;

Technology Transfer and Intellectual Property Advice

Spin Out Company formations, investments, sales and wind ups including Memorandum and Articles of Association, Shareholders Agreements, Technology Access Rights and licences

Advice on EU Law in this area including Competition Law Advice, State Aid and Export Control Regulations

Product liability and Insurance Matters

Provision of Legal Advice in respect of Policy and Strategy Development;

Copyright and Related Rights Act

Licences, Options and Similar Agreements;

Intellectual Property Clauses of Research Contracts;

All other aspects of contentious and non-contentious Intellectual Property law.

Research Contracts

UCC regularly receives funding from public funding agencies and third parties for research and innovation purposes. These arrangements are generally dealt with internally but specialist advice may be sought from the successful firm(s) on various issues that may arise, for example:-

Irish, EU and other funding agencies, Grant Agreements, Bilateral Research Agreements,

Multi-party Consortium/Collaborative Research and related subcontract, Contracts for Services/Consultancy Agreements and Miscellaneous research related agreements.

Clinical Trials

UCC is also involved in the area of clinical trials/patient focused research and may require specialist advice in that area, particularly in respect of:-

Existing and new regulatory framework for the Clinical Trials of Medicinal Products and Medical Devices and related legislation.

Related agreements with hospitals and industry partners including Agreements (UCC

as sponsor) with pharmaceutical companies for financial support, Trial Site

Agreements and Clinical Research Organisation Agreements.

2)

Common procurement vocabulary (CPV)

Main vocabulary

79100000 Legal services

3)

Quantity or scope:

4)

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

5)

Additional information about lots:

Lot No: 5 Lot title: Procurement

1)

Short description:

Sale of Goods Act;

Contract Law;

Acquired Rights Directive;

Product Liability;

Tendering Procedures;

Advising on specialist areas of the law relevant to purchasing such as the public procurement rules, competition law (Irish and EU) and other commercial law;

Resolution of disputes.

2)

Common procurement vocabulary (CPV)

Main vocabulary

79100000 Legal services

3)

Quantity or scope:

4)

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

5)

Additional information about lots:

Section III: Legal, economic, financial and technical information

III.1)

Conditions relating to the contract

III.1.1)

Deposits and guarantees required:

see RFT

III.1.2)

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

see RFT

III.1.3)

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

see RFT

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:

see RFT

III.2.2)

Economic and financial ability

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

see RFT

Minimum level(s) of standards possibly required:

see RFT

III.2.3)

Technical capacity

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

see RFT

Minimum level(s) of standards possibly required:

see RFT

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:

Suitability to Pursue Legal Services Professional Activity

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: no

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

Open

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 authority

UCC/2015/11

IV.3.2)

Previous publication(s) concerning the same contract

no

IV.3.3)

Conditions for obtaining specifications and additional documents or descriptive document

Payable documents: no

IV.3.4)

Time limit for receipt of tenders or requests to participate

25.05.2015 - 16:00

IV.3.6)

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

[Language_EN]

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender

Duration in months: 002 (from the date stated for receipt of tender)

IV.3.8)

Conditions for opening tenders

Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)

Information about recurrence

This is a recurrent procurement: no

VI.2)

Information about European Union funds

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