Date of dispatch of this notice: 08/06/2018
Expire date: 09/07/2018
External Reference: 2018-173226
TED Reference: 2018/S 110-250640
Contract notice
Information
Published
Contract notice
Cached Version
Contract notice
Directive 2014/24/EU
Section I: Contracting authority
I.1)
Name and addresses
Enterprise Ireland
N/A
The Plaza
Dublin 3
East Point Business
IE
Contact person:
Greenville on behalf of Enterprise Ireland
Telephone:
+353 14020114
E-mail:
enterprise-ireland@greenville.ie
NUTS code:
IE061 -
Dublin
Main address:
http://www.enterprise-ireland.com
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/434
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=130315&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=130315&B=ETENDERS_SIMPLE
Tenders or requests to participate must be submitted
to the abovementioned address
I.4)
Type of the contracting authority
Body governed by public law
I.5)
Main activity
Economic and financial affairs
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Establishment of a single party framework for the provision of Legal Services relating to Strategic Investments by Enterprise Ireland
Reference number:
2018/20
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
The framework agreement will be established on foot of a competition for an initial contract for a period of two years for the services set out below. This contract will be awarded to the successful tenderer shortly after the formal establishment of the framework agreement.
The primary legal work associated with the initial contract is as follows:-
(i) The completion of investments by the Contracting Authority;
(ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions;
(iii) Actions taken by the Contracting Authority as a shareholder including the provision of consent under existing shareholder agreements;
(iv) Sales of the Contracting Authority’s shares.
The primary legal work associated with the initial contract is as follows:-
(i) The completion of investments by the Contracting Authority;
(ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions;
(iii) Actions taken by the Contracting Authority as a shareholder including the provision of consent under existing shareholder agreements;
(iv) Sales of the Contracting Authority’s shares.
II.1.5)
Estimated total value
Value excluding VAT: 5000000.00
EUR
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:
IE061 -
Dublin
Main site or place of performance:
Dublin 3, D03 ER56
II.2.4)
Description of the procurement
The framework agreement will be established on foot of a competition for an initial contract for a period of two years for the services set out below. This contract will be awarded to the successful tenderer shortly after the formal establishment of the framework agreement.
The Contracting Authority invites expressions of interest from competent suppliers for the provision of Legal Services relating to Strategic Investments by the Contracting Authority. This activity will be outsourced to dedicated personnel within the commercial department of a legal firm or firms, the primary legal work associated with the initial contract is as follows:-
(i) The completion of investments by the Contracting Authority using predominantly the Contracting Authority’s template agreements (estimated range 100 to 200 investments per year);
(ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions under non-standard agreements (estimated range 10 to 30 per year);
(iii) Actions taken by the Contracting Authority as a shareholder including the provision of Enterprise Ireland consent under existing shareholder agreements to new investment rounds etc., share conversions and re-structures of investee companies (estimated range 60 to 120 matters per year);
(iv) Sales of the Contracting Authority’s shares in a company where it is the only shareholder selling its shares or where it is selling as part of an asset sale or entire sale of the company (estimated range 10 to 30 sales per year);
NOTE: The volume amounts set out above are provided strictly for indicative purposes only and are no guarantee of work to be awarded under this framework agreement.
The Contracting Authority invites expressions of interest from competent suppliers for the provision of Legal Services relating to Strategic Investments by the Contracting Authority. This activity will be outsourced to dedicated personnel within the commercial department of a legal firm or firms, the primary legal work associated with the initial contract is as follows:-
(i) The completion of investments by the Contracting Authority using predominantly the Contracting Authority’s template agreements (estimated range 100 to 200 investments per year);
(ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions under non-standard agreements (estimated range 10 to 30 per year);
(iii) Actions taken by the Contracting Authority as a shareholder including the provision of Enterprise Ireland consent under existing shareholder agreements to new investment rounds etc., share conversions and re-structures of investee companies (estimated range 60 to 120 matters per year);
(iv) Sales of the Contracting Authority’s shares in a company where it is the only shareholder selling its shares or where it is selling as part of an asset sale or entire sale of the company (estimated range 10 to 30 sales per year);
NOTE: The volume amounts set out above are provided strictly for indicative purposes only and are no guarantee of work to be awarded under this framework agreement.
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: 5000000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
72
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:
Please consult the associated documentation, which
contains full instructions regarding the objective criteria
in respect of this competition. This can be found
on www.etenders.gov.ie RFT ID 135107
contains full instructions regarding the objective criteria
in respect of this competition. This can be found
on www.etenders.gov.ie RFT ID 135107
II.2.10)
Information about variants
Variants will be accepted:
no
II.2.11)
Information about options
Options:
no
II.2.13)
Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
no
II.2.14)
Additional information
Please consult the associated documentation, which
contains full instructions relating the tenders in respect of
this competition. This can be found on
www.etenders.gov.ie RFT ID 135107
contains full instructions relating the tenders in respect of
this competition. This can be found on
www.etenders.gov.ie RFT ID 135107
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:
Please consult the associated documentation, which
contains full instructions relating to tenders in respect of
this competition. This can be found on
www.etenders.gov.ie RFT ID 135107
contains full instructions relating to tenders in respect of
this competition. This can be found on
www.etenders.gov.ie RFT ID 135107
III.1.2)
Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)
Technical and professional ability
Selection criteria as stated in the procurement documents
III.2)
Conditions related to the contract
III.2.3)
Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
Section IV: Procedure
IV.1)
Description
IV.1.1)
Type of procedure
Restricted procedure
IV.1.3)
Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
In the case of framework agreements, provide justification for any duration exceeding 4 years:
The services covered by the framework agreement are legal services within the meaning of Annex XIV of Directive 2014/24/EU and therefore not subject to the detailed rules in relation to duration as applying to framework agreements.
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:
09/07/2018
Local time:
12:00
IV.2.4)
Languages in which tenders or requests to participate may be submitted
English
IV.2.6)
Minimum time frame during which the tenderer must maintain the tender
Duration in months
: 12
(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
eTenders RFT ID: 135107
1. The services covered by the framework agreement are legal services within the meaning of Annex XIV of Directive 2014/24/EU. The Contracting Authority is subject only to the rules in Part 3 Chapter 1 of the European Union (Award of Public Authority Contracts) Regulations 2016 (SI 284/2016) in relation to this competition. The Contracting Authority is following a procedure analogous to the negotiated procedure in relation to this competition.
2. The estimated total value of purchases pursuant to the framework agreement is in the region of €2.5 million to €5 million (ex. VAT) over the lifetime of the agreement.
It is emphasised, however, that this figure is provided strictly for indicative purposes only as there is no guaranteed expenditure under the framework agreement.
3. Interested parties must register their interest on the eTenders web site (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. The Contracting Authority will not accept responsibility for information relayed (or not relayed) via third parties.
4. The numbers invited to tender will be the top five (5) qualifying candidates subject to that number qualifying.
5. This is the sole call for competition for this service.
6. The Contracting Authority will not be responsible for any costs, charges or expenses incurred by Applicants or tenderers.
7. Contract award will be subject to the approval of the competent authorities.
8. The framework will be for two (2) years with the option to extend by further periods of two (2) years subject to a maximum of six (6) years, subject to annual review, satisfactory performance, business needs and budgetary constraints.
For the avoidance of doubt, the Contracting Authority confirms that the period of any contracts awarded under the framework agreement may extend beyond the date of expiry of the agreement.
9. It will be a condition of award that candidates are tax compliant.
10. If for any reason, it is not possible to establish the framework agreement or award the initial contract to the designated successful tenderer emerging from this competitive process; the Contracting Authority reserves the right to establish the framework with the next highest scoring tenderer on the basis of the terms advertised at any time during the tender validity period. 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.
11. At its absolute discretion, the Contracting Authority may elect to terminate this procurement process, the framework agreement or any contract awarded under the framework agreement at any time.
12. 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.
13. 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.
1. The services covered by the framework agreement are legal services within the meaning of Annex XIV of Directive 2014/24/EU. The Contracting Authority is subject only to the rules in Part 3 Chapter 1 of the European Union (Award of Public Authority Contracts) Regulations 2016 (SI 284/2016) in relation to this competition. The Contracting Authority is following a procedure analogous to the negotiated procedure in relation to this competition.
2. The estimated total value of purchases pursuant to the framework agreement is in the region of €2.5 million to €5 million (ex. VAT) over the lifetime of the agreement.
It is emphasised, however, that this figure is provided strictly for indicative purposes only as there is no guaranteed expenditure under the framework agreement.
3. Interested parties must register their interest on the eTenders web site (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. The Contracting Authority will not accept responsibility for information relayed (or not relayed) via third parties.
4. The numbers invited to tender will be the top five (5) qualifying candidates subject to that number qualifying.
5. This is the sole call for competition for this service.
6. The Contracting Authority will not be responsible for any costs, charges or expenses incurred by Applicants or tenderers.
7. Contract award will be subject to the approval of the competent authorities.
8. The framework will be for two (2) years with the option to extend by further periods of two (2) years subject to a maximum of six (6) years, subject to annual review, satisfactory performance, business needs and budgetary constraints.
For the avoidance of doubt, the Contracting Authority confirms that the period of any contracts awarded under the framework agreement may extend beyond the date of expiry of the agreement.
9. It will be a condition of award that candidates are tax compliant.
10. If for any reason, it is not possible to establish the framework agreement or award the initial contract to the designated successful tenderer emerging from this competitive process; the Contracting Authority reserves the right to establish the framework with the next highest scoring tenderer on the basis of the terms advertised at any time during the tender validity period. 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.
11. At its absolute discretion, the Contracting Authority may elect to terminate this procurement process, the framework agreement or any contract awarded under the framework agreement at any time.
12. 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.
13. 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.
VI.4)
Procedures for review
VI.4.1)
Review body
High Court
Dublin
IE