Date of dispatch of this notice: 13/07/2015
Expire date: 10/08/2015
External Reference: 2015-805632
TED Reference: 2015/S 137-253056
Contract notice
Information
Published
Contract notice
Cached Version
Contract notice
Classic Sector
Directive 2004/18/EC
Services
Section I: Contracting authority
I.1)
Name, addresses and contact point(s)
Grangegorman Development Agency
9656739V
Grangegorman Lower
Dublin Dublin 7
IE
For the attention of: Procurement Division
Telephone: +353 14024140
E-mail: procurement@ggda.ie
9656739V
Grangegorman Lower
Dublin Dublin 7
IE
For the attention of: Procurement Division
Telephone: +353 14024140
E-mail: procurement@ggda.ie
Internet address(es):
General address of the contracting authority: http://www.ggda.ie
Address of the buyer profile: http://irl.eu-supply.com/ctm/Supplier/CompanyInformation/Index/564
Electronic access to information: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=91030&B=ETENDERS_SIMPLE
Electronic submission of tenders and requests to participate: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=91030&B=ETENDERS_SIMPLE
General address of the contracting authority: http://www.ggda.ie
Address of the buyer profile: http://irl.eu-supply.com/ctm/Supplier/CompanyInformation/Index/564
Electronic access to information: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=91030&B=ETENDERS_SIMPLE
Electronic submission of tenders and requests to participate: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=91030&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
Body governed by public law
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:
Single-Party Framework Agreement for Legal Services for the Procurement of a Student Accommodation Framework Operator
II.1.2)
Type of contract and location of works, place of delivery or of performance
Services
- Category No21:
Legal services
Dublin 7
NUTS code
Dublin
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 a single operator
Duration of the framework agreement
Duration in years: 10
Duration in years: 10
Justification for a framework agreement, the duration of which exceeds four years:
Legal Services is categorised under category 21 and is therefore an Annex IIB service. This legal services framework is a sister framework for the Student Accommodation Framework Operator which is also being established for 10 years.
Estimated total value of purchases for the entire duration of the framework agreement
Estimated cost excluding VAT
Range: between 250000 and 1250000 EUR
Frequency and value of the contracts to be awarded: Range: between 250000 and 1250000 EUR
II.1.5)
Short description of the contract or purchase(s)
The contracting authority intends to establish a single-party framework agreement
for the provision of legal services to support the delivery of its activities. The framework will have a maximum potential duration of 10 years. For the avoidance of doubt Call-Off Contracts may extend beyond the life of the Framework
Agreement. The Contracting Authority wishes to have access to legal expertise in
the drafting of the SAFO Project Agreement and the competitive dialogue/negotiation process that flows therefrom.
The successful framework operator will assist the Authority and the Authority’s specialist consultants in the procurement of a SAFO that will deliver buildings that are:
• Compliant with the brief (Space, function adjacencies, capital budget limit and life cycle cost targets);
• Sensitive to student needs, providing a warm, social environment that enhances the student experience and consequently DIT’s reputation as a premium University destination both domestically and internationally.
• Innovative and cost effective design solution of high architectural quality;
• Sustainable, energy efficient and environmentally-friendly design consistent with and which builds on the standards which DIT is currently achieving in facilities design. “BREEAM Excellent” is a required standard;
• Create a design which embodies the principles and objectives of the Government Policy on Architecture 2009 -2015; and
• Sensitive to the site, adjoining buildings and DIT Campus Masterplans. The design shall further the objectives of the Grangegorman Campus Masterplan and enhance the landscape of the campus.
• An appropriately resourced design team proposal and fee structure
Key Contract deliverables
• An appropriately resourced legal team proposal and a robust fee structure;
• Involvement of key stakeholders throughout the Call-Off Contract;
• Roles and responsibilities clearly understood by everyone involved in the Call-Off Contract, with clear communication lines;
• An integrated process in which design, construction, fit-out, operation and maintenance are considered as a whole;
• Draft Framework Project Agreement(s) that represent best practice in the student accommodation sector within the EU and which are modelled on direct experience from similar service concession developments in terms of scale, concession period lengths, hand-back arrangements, etc
• Draft Framework Project Agreement(s) that provide best value to the Authority and which protect the interests of the Authority and the Stakeholder over the entire Concession Period(s).
• Lease agreements with the SAFO that represent best practice and which protect the interests of the Authority
• Service level agreements that reflect best practice in the student accommodation sector
• Novation Agreements with the SAFO that represent best practice and which protect the interests of the Stakeholder
• Reversion agreements that address the conditions and expectations at the end of the Service Concession period(s) when the developed assets will revert to the Authority.
• Commitment to achieve project programme constraint of completion/opening of Phase 1 student accommodation on or before September 2018 or such other date as is included in the initial contract for Phase 1 works;
• Commitment to excellence in health and safety performance;
• Risk and value management that involves the entire project team, actively managed throughout the Project;
• Commitment to continuous improvement;
• Application of Key Performance Indicators (KPIs); and
• Post Project and Post Implementation Reviews.
The key deliverables are provisional only. The Authority reserves the right to amend them at stage two of this process, or at subsequent Call-Off Contract stages.
II.1.6)
Common procurement vocabulary (CPV)
Main vocabulary
79100000
Legal services
Supplementary vocabulary
79110000
Legal advisory and representation services
79111000
Legal advisory services
79112000
Legal representation 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:
no
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:
The framework agreement will be established over a maximum period of 10 years. The legal services relate to an initial contract in relation to the Student Accommodation at Grangegorman. Admission to the framework agreement does not guarantee the award of any contract.
Estimated cost excluding VAT
Range: between 250000 and 1250000 EUR
Range: between 250000 and 1250000 EUR
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: 120 (from the award of the contract)
Section III: Legal, economic, financial and technical information
III.1)
Conditions relating to the contract
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them
To be agreed with the successful tenderer.
III.1.3)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
If the Applicant is a consortium or grouping of members, the Applicant must specify the commercial and legal relationship amongst its members and any agreements giving effect to same. GDA reserves the right to request copies of any such agreements.
GDA reserves the right, at its absolute discretion, to require the Lead Firm to contract:
(i) on the basis of joint and several liability with each member of the Applicant executing the contract;
(ii) with a particular single member of the Applicant as the prime contractor, with the other members providing collateral warranties and/or guarantees; or
(iii) as an incorporated or unincorporated special purpose vehicle, with collateral warranties and/or guarantees from the members of the Applicant.
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:
Please refer to the Qualification Questionnaire available to download from www.etenders.gov.ie using System/RFT ID 97933.
III.2.2)
Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met:
Please refer to the Qualification Questionnaire available to download from www.etenders.gov.ie using System/RFT ID 97933.
Minimum level(s) of standards possibly required:
III.2.3)
Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Please refer to the Qualification Questionnaire available to download from www.etenders.gov.ie using System/RFT ID 97933.
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:
Reference to the relevant law, regulation or administrative provision:
Candidates must confirm their eligibility to provide legal services in Ireland under the Solicitors Act 1954 as amended and relevant EU law.
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
Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures):
no
IV.1.2)
Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators:
6
IV.1.3)
Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated:
yes
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.3.2)
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
10.08.2015 - 16:00
IV.3.6)
Language(s) in which tenders or requests to participate may be drawn up
EN,GA
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
VI.3)
Additional information:
- The fact of this notice being published should under no circumstances be taken as implying that any provisions other than those expressly contained in Directive 2004/18/EC for Annex IIB Services will apply to this award procedure.
- As the subject matter of this framework agreement is a non-priority (Annex IIB) service, the establishment of the framework is not subject to the provisions of Directive 2004/18/EC with regard to the choice of procedure. Therefore, the awarding authority will employ the negotiated procedure under its own terms and conditions.
- Interested parties must register their interest on the etenders website (www.etenders.gov.ie) in order to be included on the mailing list for clarifications. All information relating to attachments, including clarifications and changes will be published on the Irish Government procurement opportunities portal (www.etenders.gov.ie) only. Registration is free of charge.
- This is the sole call for competition for these services.
- The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
- Contract award will be subject to the approval of the competent authorities.
- It will be a condition for admittance to the framework agreement that tenderers and their sub-contractors (if any) produce a valid tax clearance certificate from the Irish revenue commissioners and that they retain a fully valid certificate throughout the lifetime of the framework and of contracts awarded under the framework.
- Admittance to the framework will also be conditional upon formal written acceptance of the Framework Terms and Conditions.
- If for any reason it is not possible to admit the successful tenderer to the framework agreement following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate during the period of validity of tenders. This shall be without prejudice to the right of the contracting authority to cancel this competitive process and/or initiate a new contract award procedure at its sole discretion.
- Notwithstanding the existence of the framework, the contracting authority at its sole discretion reserves the right to engage in a separate procurement procedure outside of the framework for any contract arising for legal services.
- The contracting authority reserves the right to successfully reduce the number of operators during this negotiated procedure.
- Applicants should indicate whether any proportion of this contract is intended to be sub-contracted and if so, further information should be provided as per the instructions in the Qualification Questionnaire.
VI.4)
Procedures for appeal
VI.4.1)
Body responsible for appeal procedures
Body responsible for mediation procedures
VI.4.2)
Lodging of appeals
Precise information on deadline(s) for lodging appeals:
Please see relevant Irish Statutory Instruments (S.I. 130 of 2010 and SI 420 of 2010) available at www.irishstatutebook.ie
VI.4.3)