Date of dispatch of this notice: 16/07/2019
External Reference: 2019-254934
TED Reference: 2019/S 137-337832
Contract award notice
Information
Published
Contract award notice
Cached Version
Contract award notice
Results of the procurement procedure
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.2)
Joint procurement
The contract is awarded by a central purchasing body
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.1.6)
Information about lots
This contract is divided into lots:
no
II.1.7)
Total value of the procurement
Value excluding VAT:
5000000.00
EUR
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
Criteria below
Quality criterion
-
Name:
Methodology for the Delivery of the Service
/
Weighting:
30%
Quality criterion
-
Name:
Technical Merit and Balance of Human Resources Offered
/
Weighting:
30%
Quality criterion
-
Name:
Reliability and Continuity of Supply
/
Weighting:
5%
Price
-
Weighting:
35%
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 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
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.2.1)
Previous publication concerning this procedure
Notice number in the OJ S: 2018/S 110-250640
Section V: Award of contract
Contract No: 1
Title: Establishment of a single party framework for the provision of Legal Services relating to Strategic Investments by Enterprise Ireland
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
04/12/2018
V.2.2)
Information about tenders
Number of tenders received:
5
Number of tenders received from SMEs:
3
Number of tenders received from tenderers from other EU Member States:
0
Number of tenders received from tenderers from non-EU Member States:
0
Number of tenders received by electronic means:
5
The contract has been awarded to a group of economic operators
:
noV.2.3)
Name and address of the contractor
Beauchamps
IE4611112D
Riverside Two, Sir John Rogerson's Quay
Dublin
Dublin
IE
Telephone:
+353 014180902
E-mail:
b.shaw@beauchamps.ie
NUTS code:
IE -
IRELAND
Internet address:
http://www.beauchamps.ie
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
5000000.00
EUR
Section VI: Complementary information
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
Four Courts, Inns Quay
Dublin
7
IE