Date of dispatch of this notice: 25/09/2015
Expire date: 20/10/2015
External Reference: 2015-367740
TED Reference: 2015/S 189-343207
Date of dispatch of this notice: 25/09/2015
Expire date: 20/10/2015
External Reference: 2015-367740
TED Reference: 2015/S 189-343207
Single Party framework agreement for the provision of On Campus Catering Service Concession at NUI Maynooth
NUI Maynooth
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
Single party framework agreement for the provision of On Campus Catering Service Concession
To be agreed with the successful service provider.
A grouping if successful must be prepared to contract as a single entity having joint and several liability.
The pre-qualification questionnaire is available to download from www.etenders.gov.ie
The pre-qualification questionnaire is available to download from www.etenders.gov.ie
The pre-qualification questionnaire is available to download from www.etenders.gov.ie
• 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.