Date of dispatch of this notice: 24/05/2018
Expire date: 02/07/2018
External Reference: 2018-001819
TED Reference: 2018/S 098-224724
Contract notice - utilities
Information
Published
Contract notice - utilities
Cached Version
Contract notice – utilities
Services
Directive 2014/25/EU
Section I: Contracting entity
I.1)
Name and addresses
Eirgrid plc
N/A
Block 2 - The Oval, 160 Shelbourne Road
Ballsbridge
Dublin 4
IE
Contact person:
Anthony Flood
Telephone:
+353 012370123
E-mail:
Anthony.flood@eirgrid.com
Fax:
+353 016615375
NUTS code:
IE -
IRELAND
Main address:
http://www.eirgrid.com
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/219
Réseau de Transport d'Electricité
Direction achats, immeuble Coeur Défense — tour B, 100 esplanade du Général de Gaulle
Paris La Défense Cedex
FR
Contact person:
Anthony Flood
Telephone:
+353 012370123
E-mail:
Anthony.flood@eirgrid.com
NUTS code:
FR -
FRANCE
Main address:
www.rte-france.com
I.2)
Joint procurement
The contract involves joint procurement
In the case of joint procurement involving different countries, state applicable national procurement law:
Irish
I.3)
Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at:
http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=129481&B=ETENDERS_SIMPLEAdditional information can be obtained from
the abovementioned address:
Tenders or requests to participate must be submitted
electronically via:
http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=129481&B=ETENDERS_SIMPLE
Tenders or requests to participate must be submitted
to the abovementioned address
I.6)
Main activity
Electricity
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Legal Support Services for the Celtic Interconnector Project
Reference number:
ENQEIR615
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
The purpose of the Pre-Qualification Questionnaire is to invite qualification applications from interested parties (Candidates) for the provision to the Companies, acting together, of Legal Support Services for the Celtic Interconnector project and in particular regarding the Engineer, Procure and Construct (EPC) contracts that will be awarded to design and build the Celtic Interconnector Project.
This procurement is being run by EirGrid on behalf of EirGrid and RTE.
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
This procurement is being run by EirGrid on behalf of EirGrid and RTE.
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
II.1.6)
Information about lots
This contract is divided into lots:
no
II.2)
Description
II.2.2)
Additional CPV code(s)
79111000
-
Legal advisory services
II.2.3)
Place of performance
NUTS code:
IE -
IRELAND
Main site or place of performance:
Ireland and France
II.2.4)
Description of the procurement
EirGrid is the Transmission System Operator (TSO) and Market Operator (MO) in the wholesale trading system in Ireland, and is the owner of the System Operator Northern Ireland (SONI Ltd), the licensed TSO and market operator in Northern Ireland.
Réseau de Transport d'Électricité (RTE) is the French TSO; it owns, operates and develops the French Electricity Transmission System with the primary objectives of balancing electricity generation with consumption and guaranteeing the secure operation of the power system.
RTE and EirGrid, together referred to herein as “the Companies”, have been engaged in exploring the feasibility of an interconnector project between Ireland and France, which will hereafter be referred to as either the ”Celtic Interconnector Project” and/or “Project”.
The purpose of the Pre-Qualification Questionnaire is to invite qualification applications from interested parties (Candidates) for the provision to the Companies, acting together, of Legal Support Services for the Celtic Interconnector project and in particular regarding the Engineer, Procure and Construct (EPC) contracts that will be awarded to design and build the Celtic Interconnector Project.
This procurement is being run by EirGrid on behalf of EirGrid and RTE.
The Companies intend to establish a single supplier framework agreement (Framework Agreement) for the provision of these Legal Support Services.
The Companies shall require the successful Tenderer to provide legal advice and support relating to legal issues regarding the Celtic Interconnector Project. The required services will mainly comprise of legal advice on and assistance with the legal elements of the EPC procurement process. The EPC contractor will likely be sourced through the Negotiated Procedure as set out in Council Directive 2014/25/EU.
The EPC contracts may be a form of FIDIC contract and may be governed by French law.
The general requirements will include working with the Companies’ Legal and Procurement teams, including external advisers, to provide advice on all Legal Support Services required for the Project including:
• • EPC contracts strategy;
• EPC contracts preparation (drafting of the EPC and other relevant contracts and updating after each round of negotiation & final tuning);
• EPC contracts negotiations with preferred suppliers;
• Legal market intelligence on EPC contracts;
• Other third party contracts arising from EPC contracts strategy related to this scope;
• Any other ancillary legal services (under Irish law, French law or both) as may be required by the Companies or the IJV as appropriate.
The successful Tenderer shall be required to have suitably qualified and experienced personnel to carry out the required tasks.
The range of work within the scope of requirements will change from year to year depending on the project requirements. It is anticipated that the scope will be confirmed at the beginning of each stage of the project although, it should be noted that there may be a requirement to increase/decrease the scope of work during the specific stages depending on project requirements.
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
Réseau de Transport d'Électricité (RTE) is the French TSO; it owns, operates and develops the French Electricity Transmission System with the primary objectives of balancing electricity generation with consumption and guaranteeing the secure operation of the power system.
RTE and EirGrid, together referred to herein as “the Companies”, have been engaged in exploring the feasibility of an interconnector project between Ireland and France, which will hereafter be referred to as either the ”Celtic Interconnector Project” and/or “Project”.
The purpose of the Pre-Qualification Questionnaire is to invite qualification applications from interested parties (Candidates) for the provision to the Companies, acting together, of Legal Support Services for the Celtic Interconnector project and in particular regarding the Engineer, Procure and Construct (EPC) contracts that will be awarded to design and build the Celtic Interconnector Project.
This procurement is being run by EirGrid on behalf of EirGrid and RTE.
The Companies intend to establish a single supplier framework agreement (Framework Agreement) for the provision of these Legal Support Services.
The Companies shall require the successful Tenderer to provide legal advice and support relating to legal issues regarding the Celtic Interconnector Project. The required services will mainly comprise of legal advice on and assistance with the legal elements of the EPC procurement process. The EPC contractor will likely be sourced through the Negotiated Procedure as set out in Council Directive 2014/25/EU.
The EPC contracts may be a form of FIDIC contract and may be governed by French law.
The general requirements will include working with the Companies’ Legal and Procurement teams, including external advisers, to provide advice on all Legal Support Services required for the Project including:
• • EPC contracts strategy;
• EPC contracts preparation (drafting of the EPC and other relevant contracts and updating after each round of negotiation & final tuning);
• EPC contracts negotiations with preferred suppliers;
• Legal market intelligence on EPC contracts;
• Other third party contracts arising from EPC contracts strategy related to this scope;
• Any other ancillary legal services (under Irish law, French law or both) as may be required by the Companies or the IJV as appropriate.
The successful Tenderer shall be required to have suitably qualified and experienced personnel to carry out the required tasks.
The range of work within the scope of requirements will change from year to year depending on the project requirements. It is anticipated that the scope will be confirmed at the beginning of each stage of the project although, it should be noted that there may be a requirement to increase/decrease the scope of work during the specific stages depending on project requirements.
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
II.2.5)
Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)
Estimated value
Value excluding VAT: 2000000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
96
This contract is subject to renewal:
no
II.2.9)
Information about the limits on the number of candidates to be invited
Envisaged number of candidates:
5
Objective criteria for choosing the limited number of candidates:
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
II.2.10)
Information about variants
Variants will be accepted:
no
II.2.11)
Information about options
Options:
yes
Description of options:
The initial Framework Agreement period will be from Framework Agreement start date to EPC award date, currently estimated to be mid 2021, with the option to extend annually for a period afterwards, the total of which will not exceed 8 years
II.2.13)
Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
yes
Identification of the project:
Celtic Interconnector Project.
II.2.14)
Additional information
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
Section III: Legal, economic, financial and technical information
III.1)
Conditions for participation
III.1.1)
Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
III.1.2)
Economic and financial standing
List and brief description of selection criteria:
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
Minimum level(s) of standards possibly required:
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
III.1.3)
Technical and professional ability
List and brief description of selection criteria:
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
Minimum level(s) of standards possibly required:
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
III.1.4)
Objective rules and criteria for participation
List and brief description of rules and criteria: See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
III.1.6)
Deposits and guarantees required
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
III.1.7)
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
III.1.8)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
III.2)
Conditions related to the contract
III.2.2)
Contract performance conditions
See the Information Memorandum and Pre-Qualification Questionnaire for full details. This is attached to the etenders notice for this tender at http://www.etenders.gov.ie/
Section IV: Procedure
IV.1)
Description
IV.1.1)
Type of procedure
Negotiated procedure with prior call for competition
IV.1.8)
Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)
Administrative information
IV.2.2)
Time limit for receipt of tenders or requests to participate
Date:
02/07/2018
Local time:
12:00
IV.2.3)
Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 31/07/2018
IV.2.4)
Languages in which tenders or requests to participate may be submitted
English, Irish
IV.2.6)
Minimum time frame during which the tenderer must maintain the tender
Duration in months
: 9
(from the date stated for receipt of tender)
Section VI: Complementary information
VI.1)
Information about recurrence
This is a recurrent procurement:
no
VI.3)
Additional information
1) Interested parties must register their interest on the eTenders web site: http://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: http://www.etenders.gov.ie/ only. Registration is free of charge. The contracting authority will not accept responsibility for information relayed (or not relayed) via third parties.
2) This is the sole call for competition for this service.
3) The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
4) Contract award will be subject to the approval of the competent authorities.
5) It will be a condition of award that candidates are tax compliant and are in a position to produce a valid tax clearance certificate or e-Tax Clearance from the Revenue Commissioners when requested.
6) The Framework Member will be required to comply with all applicable laws in connection with the delivery of the services under the Framework Agreement.
In the event the Framework Member intends to sub-contract any part of the services under this Framework Agreement, the Framework Member shall undertake to comply with the French law n°75-1334 of 31 December 1975 as amended.
7) At its absolute discretion, the contracting authority may elect to terminate this procurement process or any contract awarded.
8) Please note in relation to all documents, that where reference is made to a particular standard, make, source, process, trademark, type or patent, that this is not to be regarded as a de facto requirement. In all such cases it should be understood that such indications are to be treated strictly and solely for reference purposes only, to which the words ‘or equivalent’ will always be appended.
9) Without prejudice to the principle of equal treatment, the contracting authority is not obliged to engage in a clarification process in respect of questionnaires with missing or incomplete information. Therefore, candidates are advised to ensure that they return fully completed questionnaires in order to avoid the risk of elimination from the competition.
See attached Information Memorandum and Pre-Qualification Questionnaire for full details. This is available on etenders http://www.etenders.gov.ie/
2) This is the sole call for competition for this service.
3) The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
4) Contract award will be subject to the approval of the competent authorities.
5) It will be a condition of award that candidates are tax compliant and are in a position to produce a valid tax clearance certificate or e-Tax Clearance from the Revenue Commissioners when requested.
6) The Framework Member will be required to comply with all applicable laws in connection with the delivery of the services under the Framework Agreement.
In the event the Framework Member intends to sub-contract any part of the services under this Framework Agreement, the Framework Member shall undertake to comply with the French law n°75-1334 of 31 December 1975 as amended.
7) At its absolute discretion, the contracting authority may elect to terminate this procurement process or any contract awarded.
8) Please note in relation to all documents, that where reference is made to a particular standard, make, source, process, trademark, type or patent, that this is not to be regarded as a de facto requirement. In all such cases it should be understood that such indications are to be treated strictly and solely for reference purposes only, to which the words ‘or equivalent’ will always be appended.
9) Without prejudice to the principle of equal treatment, the contracting authority is not obliged to engage in a clarification process in respect of questionnaires with missing or incomplete information. Therefore, candidates are advised to ensure that they return fully completed questionnaires in order to avoid the risk of elimination from the competition.
See attached Information Memorandum and Pre-Qualification Questionnaire for full details. This is available on etenders http://www.etenders.gov.ie/
VI.4)
Procedures for review
VI.4.1)
Review body
The High Court
Four Courts
Dublin
7
IE
Telephone:
+353 18886000
Internet address:
http://www.courts.ie/
VI.4.3)
Review procedure
Precise information on deadline(s) for review procedures:
Precise information on deadline(s) for review procedures:
Precise information on deadline(s) for lodging appeals: The contracting authority will not conclude this contract to which a standstill period applies in accordance with Irish Statutory Instrument SI 130 of 2010, until after the expiry of the standstill period which commences on the day following the date of notification on concerned candidates and tenderers. The duration of the standstill period will be 14 calendar days where notifications are sent electronically or by fax and 16 calendar days where these are sent by any other means. The Statutory Instrument mentioned above provides that review procedures are available in the High Court to a person who has or has had an interest in obtaining the reviewable public contract and alleges that he or she has been harmed or is at risk of being harmed by an infringement of the law in relation in this contract.
Precise information on deadline(s) for lodging appeals: The contracting authority will not conclude this contract to which a standstill period applies in accordance with Irish Statutory Instrument SI 130 of 2010, until after the expiry of the standstill period which commences on the day following the date of notification on concerned candidates and tenderers. The duration of the standstill period will be 14 calendar days where notifications are sent electronically or by fax and 16 calendar days where these are sent by any other means. The Statutory Instrument mentioned above provides that review procedures are available in the High Court to a person who has or has had an interest in obtaining the reviewable public contract and alleges that he or she has been harmed or is at risk of being harmed by an infringement of the law in relation in this contract.