Contract notice

Information

Published

Date of dispatch of this notice: 23/07/2018

Expire date: 10/09/2018

External Reference: 2018-032197

TED Reference: 2018/S 142-324754

Contract notice

Contract notice

Directive 2014/24/EU

Section I: Contracting authority

I.1)

Name and addresses

Transport Infrastructure Ireland (TII)
9510201H
Parkgate Business Centre, Parkgate Street
Dublin, D08 DK10
Dublin
IE
Contact person: Chris Bradish
Telephone: +353 16463452
NUTS code:  IE -  IRELAND
Internet address(es):
Main address: www.tii.ie

I.2)

Joint procurement

The contract is awarded by a central purchasing body
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=132717&B=ETENDERS_SIMPLE
Additional information can be obtained from
the abovementioned address:  
Tenders or requests to participate must be submitted
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

Other activity:  Roads, metro and Light Rail

Section II: Object

II.1)

Scope of the procurement

II.1.1)

Title

Legal Services Framework with Local Authorities and Transport Infrastructure Ireland acting as Client
Reference number:  TII114
II.1.2)

Main CPV code

79100000  -  Legal services
II.1.3)

Type of contract

Services
II.1.4)

Short description

TII is procuring legal services under a Framework that are associated with the design, construction, operation, maintenance, and all other aspects of roads projects nationwide. The users of the Framework are TII and Local Authorities. This competition contains six lots relating to specific LAs and specific services to be provided within those areas. The services required for each lot are general legal advisory services in relation to construction projects, including (but not limited to):
Lots 1–3
• General legal services in relation to the performance of statutory functions
• General legal services and representation
• Advice in relation to CPO, EIS, environmental issues, and procurement issues
• Commercial & contract law issues
• Health & safety issues
Lots 4–6
• Provision of all advice and representation in respect of procurement, contractual & dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation
II.1.5)

Estimated total value

Value excluding VAT: 5000000.00  EUR
II.1.6)

Information about lots

This contract is divided into lots: yes
Tenders may be submitted for  all lots
Maximum number of lots that may be awarded to one tenderer:  6
II.2)

Description

II.2.1)

Title

Lot 1 (Phases 0-4)
Lot No:  1
II.2.2)

Additional CPV code(s)

79110000  -  Legal advisory and representation services
79130000  -  Legal documentation and certification services
79140000  -  Legal advisory and information services
II.2.3)

Place of performance

NUTS code:  IE -  IRELAND
Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

Lot 1 - phases 0-4 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo
II.2.5)

Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7)

Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:  
Legal services required each year
II.2.10)

Information about variants

Variants will be accepted: no
II.2.11)

Information about options

Options: yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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

Tenderers will need to register on the etenders
government website to download the tender documents
II.2)

Description

II.2.1)

Title

Lot 2 (Phases 0-4)
Lot No:  2
II.2.2)

Additional CPV code(s)

79110000  -  Legal advisory and representation services
79130000  -  Legal documentation and certification services
79140000  -  Legal advisory and information services
II.2.3)

Place of performance

NUTS code:  IE -  IRELAND
Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

Lot 2 - phases 0-4 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.
II.2.5)

Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7)

Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:  
Legal services required each year
II.2.10)

Information about variants

Variants will be accepted: no
II.2.11)

Information about options

Options: yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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

Tenderers will need to register on the etenders
government website to download the tender documents
II.2)

Description

II.2.1)

Title

Lot 3 (Phases 0-4)
Lot No:  3
II.2.2)

Additional CPV code(s)

79110000  -  Legal advisory and representation services
79130000  -  Legal documentation and certification services
79140000  -  Legal advisory and information services
II.2.3)

Place of performance

NUTS code:  IE -  IRELAND
Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

Lot 3 - phases 0-4 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath,
II.2.5)

Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7)

Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:  
Legal services required each year
II.2.10)

Information about variants

Variants will be accepted: no
II.2.11)

Information about options

Options: yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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

Tenderers will need to register on the etenders
government website to download the tender documents
II.2)

Description

II.2.1)

Title

Lot 4 (Phases 5-7)
Lot No:  4
II.2.2)

Additional CPV code(s)

79110000  -  Legal advisory and representation services
79130000  -  Legal documentation and certification services
79140000  -  Legal advisory and information services
II.2.3)

Place of performance

NUTS code:  IE -  IRELAND
Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

Lot 4 - phases 5-7 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo
II.2.5)

Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7)

Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:  
Legal services required each year
II.2.10)

Information about variants

Variants will be accepted: no
II.2.11)

Information about options

Options: yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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

Tenderers will need to register on the etenders
government website to download the tender documents
II.2)

Description

II.2.1)

Title

Lot 5 (Phases 5-7)
Lot No:  5
II.2.2)

Additional CPV code(s)

79110000  -  Legal advisory and representation services
79130000  -  Legal documentation and certification services
79140000  -  Legal advisory and information services
II.2.3)

Place of performance

NUTS code:  IE -  IRELAND
Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

Lot 5 - phases 5-7 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.
II.2.5)

Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7)

Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:  
Legal services required each year
II.2.10)

Information about variants

Variants will be accepted: no
II.2.11)

Information about options

Options: yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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

Tenderers will need to register on the etenders
government website to download the tender documents
II.2)

Description

II.2.1)

Title

Lot 6 (Phases 5-7)
Lot No:  6
II.2.2)

Additional CPV code(s)

79110000  -  Legal advisory and representation services
79130000  -  Legal documentation and certification services
79140000  -  Legal advisory and information services
II.2.3)

Place of performance

NUTS code:  IE -  IRELAND
Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

Lot 6 - phases 5-7 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath,
II.2.5)

Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7)

Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:  
Legal services required each year
II.2.10)

Information about variants

Variants will be accepted: no
II.2.11)

Information about options

Options: yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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

Tenderers will need to register on the etenders
government website to download the tender documents

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:  Selection criteria as stated in the procurement documents
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

Section IV: Procedure

IV.1)

Description

IV.1.1)

Type of procedure

Open 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 several operators
Envisaged maximum number of participants to the framework agreement:  42
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:  04/09/2018
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

Tender must be valid until:  06/04/2019
IV.2.7)

Conditions for opening of tenders

Date:  04/09/2018
Local time:  12:00

Section VI: Complementary information

VI.1)

Information about recurrence

This is a recurrent procurement:  yes
Estimated timing for further notices to be published:  
every 4 years
VI.3)

Additional information

The "42" stated in IV.1.3 refers to the maximum number of participants which is 7 tenderers by 6 lots. For each lot, the tenders will be ranked from highest to lowest number of marks. The top 7 ranked tenders in each lot will be appointed to the Framework Agreement for that lot (provided there are sufficient suitable tenders; the Authority reserves the right to appoint less than 7 tenderers to any lot where less than 7 suitable tenders have been received). TII will not be liable for any participant’s costs arising in connection with participating in the competition, irrespective of the outcome of the competition, or if the competition is cancelled or postponed.
- TII has the right at any time and without notice to:
(i) terminate the competition (or part of it);
(ii) change the competition’s basis or procedures;
(iii) procure the framework by other means,
(iv) negotiate with one or more parties at any time;
(v) reject any, or all, of the applications/tenders;
(vi) not furnish a candidate or tenderer with additional information
or to do any combination of the foregoing or anything else deemed appropriate. In no instance will TII be required to give any reason for any alteration or termination of the process.
- If any past or future frameworks or other documents are summarised or described in this document, or in other information given to Candidates, the summary or description must not be taken as comprehensive, or as a substitute for reading the framework or other document itself when it becomes available.
- Award of framework will be subject to the approval of TII.
- Award of framework may be subject to successful interview.
- Interested parties are advised that TII is subject to the Freedom of Information Act 2014 (together with other legislation governing access to information). If a candidate/tenderer considers that any information supplied as part of this procurement procedure should not be disclosed because of its commercial sensitivity, confidentiality or otherwise, they must, when providing this information, clearly identify the specific information they do not wish to be disclosed and clearly specify the reasons for its sensitivity. Please note, it is not sufficient to include a statement of confidentiality encompassing all the information provided in the response.
- An RFT and an ESPD are available on the etenders Website at http://www.etenders.gov.ie. Interested parties wishing to participate should ensure that the RFT and the ESPD are completed and returned in accordance with the requirements set out in the RFT document.
VI.4)

Procedures for review

VI.4.1)

Review body

High Court of Ireland
Four Courts, Inns Quay,
Dublin
D7
IE
Telephone: +353 18886087
Internet address: www.courts.ie