Date of dispatch of this notice: 05/12/2018
Expire date: 18/01/2019
External Reference: 2018-277240
TED Reference: 2018/S 237-541424
Contract notice
Information
Published
Contract notice
Contract notice
Directive 2014/24/EU
Section I: Contracting authority
I.1)
Name and addresses
EirGrid plc
N/A
Block 2 - The Oval, 160 Shelbourne Road
Ballsbridge
Dublin 4
IE
Contact person:
Sinéad Connolly
Telephone:
+353 12370335
E-mail:
Sinead.Connolly@eirgrid.com
Internet address(es):
Main address:
http://www.eirgrid.com
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/219
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=139298&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=139298&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
Other activity:
Electricity
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
EirGrid Group Legal Services Framework
Reference number:
ENQEIR632
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
EirGrid has a requirement for a panel of legal advisors to provide legal advice to certain EirGrid Group companies (as detailed in Part 3 Section 2) for the Lots more particularly described below. Candidates are invited to submit a qualification application for inclusion on the tender list for one or more or all of the applicable Lots in accordance with this PQQ.
Lot 1 – ROI Full Service Irish Legal Advice
Lot 2 – ROI Legal Process Outsourcing (Irish law)
Lot 3 – NI Full Service Northern Irish Legal Advice
Lot 4 – NI Legal Process Outsourcing (Northern Irish law)
Lot 5 - ROINI Commercial, Energy & Regulation (Both Irish and Northern Irish/UK law)
The framework agreement period will be for an initial duration of four years with the option to extend one or more Lots annually for up to an additional four years. EirGrid envisages qualifying up to 5 Candidates per Lot from this pre-qualification process, subject to the quality of responses received.
Lot 1 – ROI Full Service Irish Legal Advice
Lot 2 – ROI Legal Process Outsourcing (Irish law)
Lot 3 – NI Full Service Northern Irish Legal Advice
Lot 4 – NI Legal Process Outsourcing (Northern Irish law)
Lot 5 - ROINI Commercial, Energy & Regulation (Both Irish and Northern Irish/UK law)
The framework agreement period will be for an initial duration of four years with the option to extend one or more Lots annually for up to an additional four years. EirGrid envisages qualifying up to 5 Candidates per Lot from this pre-qualification process, subject to the quality of responses received.
II.1.5)
Estimated total value
Value excluding VAT: 20000000.00
EUR
II.1.6)
Information about lots
This contract is divided into lots:
yes
Tenders may be submitted for
all lots
II.2)
Description
II.2.1)
Title
ROI Full Service Irish Legal Advice
Lot No:
1
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79111000
-
Legal advisory services
79112000
-
Legal representation services
79130000
-
Legal documentation and certification services
79140000
-
Legal advisory and information services
II.2.3)
Place of performance
Main site or place of performance:
Ireland
II.2.4)
Description of the procurement
General legal advisory services including, but not limited to, the following areas of Irish law:
o Environmental & Planning, Construction and Health & Safety;
o Corporate Governance, General Corporate and Company Secretary;
o Pensions;
o Employment;
o Data Protection, Privacy & Freedom of Information (FOI); and
o Property.
This excludes Lot 2 and Lot 5.
o Environmental & Planning, Construction and Health & Safety;
o Corporate Governance, General Corporate and Company Secretary;
o Pensions;
o Employment;
o Data Protection, Privacy & Freedom of Information (FOI); and
o Property.
This excludes Lot 2 and Lot 5.
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: 4800000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
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 see Information Memorandum and Pre-Qualification Questionnaire attached to this notice
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 period will be for an initial duration of four years with the option to extend one or more Lots annually for up to an additional four years, subject always to the satisfactory performance of the members.
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)
Description
II.2.1)
Title
ROI Legal Process Outsourcing (Irish law)
Lot No:
2
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79111000
-
Legal advisory services
79112000
-
Legal representation services
79130000
-
Legal documentation and certification services
79140000
-
Legal advisory and information services
II.2.3)
Place of performance
Main site or place of performance:
Ireland
II.2.4)
Description of the procurement
Includes services for labour intensive legal tasks including, but not limited to:-
o Large scale contract and document reviews;
o Due diligence;
o Discovery;
o Legal research;
o Data protection;
o FOI requests.
o Large scale contract and document reviews;
o Due diligence;
o Discovery;
o Legal research;
o Data protection;
o FOI requests.
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: 400000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
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 see Information Memorandum and Pre-Qualification Questionnaire attached to this notice
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 period will be for an initial duration of four years with the option to extend one or more Lots annually for up to an additional four years, subject always to the satisfactory performance of the members.
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)
Description
II.2.1)
Title
NI Full Service Northern Irish Legal Advice
Lot No:
3
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79111000
-
Legal advisory services
79112000
-
Legal representation services
79130000
-
Legal documentation and certification services
79140000
-
Legal advisory and information services
II.2.3)
Place of performance
Main site or place of performance:
Northern Ireland
II.2.4)
Description of the procurement
General legal advisory services including, but not limited to, the following areas of Irish law:
o Environmental & Planning, Construction and Health & Safety;
o Corporate Governance, General Corporate and Company Secretary;
o Pensions;
o Employment;
o Data Protection, Privacy & Freedom of Information (FOI); and
o Property.
o Environmental & Planning, Construction and Health & Safety;
o Corporate Governance, General Corporate and Company Secretary;
o Pensions;
o Employment;
o Data Protection, Privacy & Freedom of Information (FOI); and
o Property.
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: 4000000.00
GBP
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
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 see Information Memorandum and Pre-Qualification Questionnaire attached to this notice
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 period will be for an initial duration of four years with the option to extend one or more Lots annually for up to an additional four years, subject always to the satisfactory performance of the members.
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)
Description
II.2.1)
Title
NI Legal Process Outsourcing (Northern Irish law)
Lot No:
4
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79111000
-
Legal advisory services
79112000
-
Legal representation services
79130000
-
Legal documentation and certification services
79140000
-
Legal advisory and information services
II.2.3)
Place of performance
Main site or place of performance:
Northen Ireland
II.2.4)
Description of the procurement
Includes services for labour intensive legal tasks including, but not limited to:-
o Large scale contract and document reviews;
o Due diligence;
o Discovery;
o Legal research;
o Data protection;
o FOI requests.
o Large scale contract and document reviews;
o Due diligence;
o Discovery;
o Legal research;
o Data protection;
o FOI requests.
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: 400000.00
GBP
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
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 see Information Memorandum and Pre-Qualification Questionnaire attached to this notice
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 period will be for an initial duration of four years with the option to extend one or more Lots annually for up to an additional four years, subject always to the satisfactory performance of the members.
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)
Description
II.2.1)
Title
ROINI Commercial, Energy & Regulation
Lot No:
5
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79111000
-
Legal advisory services
79112000
-
Legal representation services
79130000
-
Legal documentation and certification services
79140000
-
Legal advisory and information services
II.2.3)
Place of performance
Main site or place of performance:
Ireland and Northern Ireland
II.2.4)
Description of the procurement
It is anticipated that the successful Tenderer for Lot 5 will be a law firm (i) established in Ireland and in Northern Ireland/the UK, or (ii) if the law firm concerned does not have a direct presence in any of those jurisdictions, by a law firm having an association with one or more other law firms established in those jurisdictions.
Services include, but not limited to:-
o Advisory;
o Corporate/Commercial;
o Contractual advice;
o Issues/ Disputes arising
Services include, but not limited to:-
o Advisory;
o Corporate/Commercial;
o Contractual advice;
o Issues/ Disputes arising
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: 4000000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
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 see Information Memorandum and Pre-Qualification Questionnaire attached to this notice
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 period will be for an initial duration of four years with the option to extend one or more Lots annually for up to an additional four years, subject always to the satisfactory performance of the members.
II.2.13)
Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
no
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 see Information Memorandum and Pre-Qualification Questionnaire attached to this notice.
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.2.2)
Contract performance conditions
Please see Information Memorandum and Pre-Qualification Questionnaire attached to this notice.
Section IV: Procedure
IV.1)
Description
IV.1.1)
Type of procedure
Competitive procedure with negotiation
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:
11
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:
18/01/2019
Local time:
12:00
IV.2.3)
Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 06/03/2019
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:
11/04/2020
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 (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.
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 eTax Clearance from the Revenue Commissioners when requested.
6) If for any reason it is not possible to award the contract one or more of the tenderers invited following the conclusion of this competitive process, the contracting authority reserves the right to award the contract to the next ranked tenderer as appropriate.
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.
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 eTax Clearance from the Revenue Commissioners when requested.
6) If for any reason it is not possible to award the contract one or more of the tenderers invited following the conclusion of this competitive process, the contracting authority reserves the right to award the contract to the next ranked tenderer as appropriate.
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.
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:
The contracting authority will not conclude this contract to which a standstill period applies in accordance with Council Directive 2014/25/EU, 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.
VI.4.4)
Service from which information about the review procedure may be obtained
Central office of the High Courts (Appeal Section)
Ground Floor, East Wing, Inns Quay
Dublin
7
IE
Telephone:
+353 18886000
Internet address:
http://www.courts.ie