Contract notice

Information

Published

Date of dispatch of this notice: 25/09/2015

Expire date: 20/10/2015

External Reference: 2015-367740

TED Reference: 2015/S 189-343207

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)

National University of Ireland, Maynooth (NUI Maynooth-NUIM)
N/A
Maynooth
Co. Kildare  Co. Kildare
IE
E-mail: harry.kettle@achilles.com
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 the provision of On Campus Catering Service Concession at NUI Maynooth

II.1.2)

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

Services
    Category No17:  Hotel and restaurant services
    Main site or location of works, place of delivery or of performance:

    NUI Maynooth

    NUTS code
    Midland
    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 months: 84
    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  9000000  and 10500000  EUR
    Frequency and value of the contracts to be awarded:
    II.1.5)

    Short description of the contract or purchase(s)

    Maynooth University wishes to establish a single party framework agreement

    with an initial contract for the provision of specified catering service concessions at its

    campus. The successful operator will offer a full range of catering services to

    Maynooth University students, staff and visitors on a concession basis.

    The maximum duration of the framework agreement will be for up to 7 years. It

    will initially be awarded for 4 years but may be extended out to 7 years (on an

    annual basis, subject to review).

    The following catering concessions are included in the initial contract under the

    framework:

    • Phoenix Restaurant

    • Library Café

    • Arts Cafe

    • John Hume Unit 4

    Additional catering service concessions may be awarded from this framework as

    they arise.

    The existing arrangements have different end dates and the

    new arrangements will commence on the expiry of the current arrangements and

    will all end contemporaneously.

    A service concession is an autonomous and independent EU concept defined as

    “a contract of the same type as a service contract except for the fact that the

    consideration for the provision of services consists either in the right to exploit

    the service or in this right together with payment”.

    Its meaning has been further clarified through EU Case – Law. Essentially, a

    service concession can exist only when the concessionaire receives payment for

    the services rendered, not from the awarding authority, but from the recipients of

    the service. Additionally, the concessionaire accepts a certain degree of risk,

    possibly resulting in financial losses

    II.1.6)

    Common procurement vocabulary (CPV)

    Main vocabulary
    55520000   Catering services
    Supplementary vocabulary
    55523000   Catering services for other enterprises or other institutions
    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:

    Single party framework agreement for the provision of On Campus Catering Service Concession

    Estimated cost excluding VAT
    Range: between  9000000  and 10500000  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: 084 (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 service provider.

    III.1.3)

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

    A grouping if successful must be prepared to contract as a single entity having joint and several liability.

    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:

    The pre-qualification questionnaire is available to download from www.etenders.gov.ie

    III.2.2)

    Economic and financial ability

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

    The pre-qualification questionnaire is available to download from www.etenders.gov.ie

    Minimum level(s) of standards possibly required:
    III.2.3)

    Technical capacity

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

    The pre-qualification questionnaire is available to download from www.etenders.gov.ie

    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: no
    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.1.3)

    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

    Prior information notice
    Notice number in the OJEU: 2015/S 042-072339  of 21.07.2015
    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

    20.10.2015 - 12:00
    IV.3.6)

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

    EN

    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 qualification questionnaire, available to download from www.etenders.gov.ie, contains full information regarding the competition.

    • As this is a service concession, the provisions of Directive 2004/18/EC do not apply to this competition. Therefore, the awarding authority will employ a negotiated procedure (Competitive Dialogue) under its own terms and conditions with regard to the choice of procedure, timelines etc.

    • This service concession falls outside the scope of directive 2004/18/EC as per article 17 thereof and of directive 89/665/EEC and 2007/66/EC (the Remedies Directives).

    • This is the sole call for competition for these services.

    • This notice is being published on a strictly voluntary basis.

    • 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.

    • The Contracting Authority reserves the right to discontinue this procurement process at any point, and will not be held liable to candidates for any costs incurred as a result of such a decision.

    • This concession will be awarded following negotiation with chosen operators using a Dialogue process.

    • To receive more information about this tender, including any amendments and/or clarifications and to request any clarifications, you must register your interest to this tender on the following site (www.etenders.gov.ie) only.

    • Admittance to the framework will be conditional upon acceptance of the contracting authority’s terms and conditions and the operation of a formal service level agreement.

    • Contract award will be subject to the approval of the competent authorities.

    • It will be a condition of admittance to the framework agreement that the successful tenderer produces a valid tax clearance 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.

    • If for any reason it is not possible to admit the successful tender 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. This shall be without prejudice to the right of the contracting authority to cancel the 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 frame work for any contract arising for catering concessions at any time.

    • The contracting authority reserves the right to reduce the number of participants and the number of solutions to be discussed or tenders to be negotiated.

    VI.4)

    Procedures for appeal

    VI.4.1)

    Body responsible for appeal procedures

    The High Court
    Four Courts, Inns Quay
    7  Dublin 7
    IE
    Internet address: http://www.courts.ie
     

    Body responsible for mediation procedures

    VI.4.2)

    Lodging of appeals

    Precise information on deadline(s) for lodging appeals:
    VI.4.3)

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

    Legal Advisor
    IE
    Internet address: