Date of dispatch of this notice: 28/06/2019
External Reference: 2019-247332
TED Reference: 2019/S 125-307065
Contract award notice - utilities
Information
Published
Contract award notice - utilities
Contract award notice – utilities
Results of the procurement procedure
Services
Directive 2014/25/EU
Section I: Contracting entity
I.1)
Name and addresses
Transport Infrastructure Ireland (TII)
9510201H
Parkgate Business Centre, Parkgate Street
Dublin, D08 DK10
Dublin
IE
Contact person:
Tony Redmond
Telephone:
+353 16463508
E-mail:
tony.redmond@tii.ie
Internet address(es):
Main address:
www.tii.ie
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/120261
I.6)
Main activity
Other activity:
Roads, metro and light rail.
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Metrolink Legal Services
Reference number:
TII129
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
TII has a requirement for legal services for the proposed Metrolink Project. This includes legal services necessary for the planning, consultation, construction and testing the system leading up to the operation of Metrolink. The services include but are not limited to the following areas: pre-railway order planning, environmental impact assessment, procurement, contract drafting and negotiation, railway order application / management / representation / oral hearing, property acquisition / CPO, judicial review, injunctions and claims, compliance with requirements of the Transport (Railway Infrastructure) Act 2001 and other relevant legislation and general claims advice and other associated legal services until the project comes into operation. The services will also include advising on interfacing of various contracts including train control systems, communications, ticketing, rolling stock, operating and maintaining depots. See www.metrolink.ie for more project information.
II.1.6)
Information about lots
This contract is divided into lots:
no
II.2)
Description
II.2.2)
Additional CPV code(s)
79100000
-
Legal services
II.2.3)
Place of performance
Main site or place of performance:
Dublin 8
II.2.4)
Description of the procurement
The National Transport Authority’s Transport Strategy for the Greater Dublin Area, 2016-2035 identifies the Metrolink Scheme as the preferred public transport mode to address the transport needs of the Swords/Airport to City Centre corridor in Dublin. It also envisages the upgrading of the existing Luas Green Line between Ranelagh and Sandyford to a Metro level of service. The Irish Government’s seven-year investment plan, “Building on Recovery: Infrastructure and Capital Investment 2016–2021” endorses this recommendation.
The Scheme will provide a 26 kilometre high speed, high capacity, high frequency, modern and efficient public transport service for people travelling along the Swords/Airport to City Centre corridor in Dublin. It is intended that the Scheme will commence construction in 2021 and will be open to passenger services by 2026/27.
The anticipated indicative programme for delivery of the Scheme, which has an overall estimated value of circa €3 billion (indicative estimate and subject to finalisation of design), is as follows:
Stage Name Start Date Completion Date
Stage (i): Preliminary Design Q3 2018 Q1 2019
Stage (ii): Reference Design Q2 2019 Q3 2019
Stage (iii): Detailed Design Q4 2019 Q1 2021
Stage (iv): Construction Stage Q1 2021 Q1 2027
Stage (v): Handover Q1 2027 Q1 2028
The winning Tenderer will provide all legal services required for the purposes of the Scheme, which may include, but not be limited to the following:
• Contract advice for all contracts as may be required by the Scheme, including legal advice for the purposes of planning, constructing and the putting into operation of Metrolink (all aspects including risk allocation, procurement, negotiation etc.);
• Competition law, general litigation and dispute resolution services;
• Planning and Environmental law, Railway Order and other statutory and regulatory advices;
• Property and compulsory acquisition advices; and
• Any other legal advisory services that might not fit within the scope of the above list, as may be required by the Client for the purposes of the Scheme, including advices on PPPs.
Applicants are invited to provide details of reference projects completed in the 10 years prior to the submission of the Pre-Qualification Submission or if not yet completed where the main construction contract has been signed. If the Applicant is a Group and intends to rely on the experience of individual Member(s) or any other entity, the Applicant shall provide details of the role in the project that each Member or other entity held and the services completed by it.
The Scheme will provide a 26 kilometre high speed, high capacity, high frequency, modern and efficient public transport service for people travelling along the Swords/Airport to City Centre corridor in Dublin. It is intended that the Scheme will commence construction in 2021 and will be open to passenger services by 2026/27.
The anticipated indicative programme for delivery of the Scheme, which has an overall estimated value of circa €3 billion (indicative estimate and subject to finalisation of design), is as follows:
Stage Name Start Date Completion Date
Stage (i): Preliminary Design Q3 2018 Q1 2019
Stage (ii): Reference Design Q2 2019 Q3 2019
Stage (iii): Detailed Design Q4 2019 Q1 2021
Stage (iv): Construction Stage Q1 2021 Q1 2027
Stage (v): Handover Q1 2027 Q1 2028
The winning Tenderer will provide all legal services required for the purposes of the Scheme, which may include, but not be limited to the following:
• Contract advice for all contracts as may be required by the Scheme, including legal advice for the purposes of planning, constructing and the putting into operation of Metrolink (all aspects including risk allocation, procurement, negotiation etc.);
• Competition law, general litigation and dispute resolution services;
• Planning and Environmental law, Railway Order and other statutory and regulatory advices;
• Property and compulsory acquisition advices; and
• Any other legal advisory services that might not fit within the scope of the above list, as may be required by the Client for the purposes of the Scheme, including advices on PPPs.
Applicants are invited to provide details of reference projects completed in the 10 years prior to the submission of the Pre-Qualification Submission or if not yet completed where the main construction contract has been signed. If the Applicant is a Group and intends to rely on the experience of individual Member(s) or any other entity, the Applicant shall provide details of the role in the project that each Member or other entity held and the services completed by it.
II.2.5)
Award criteria ( Agree to publish? yes )
Criteria below
Quality criterion
-
Name:
Technical Assesment
/
Weighting:
65
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
Tenderers will need to register on the etenders government website to download the various documents. The estimated amount of €17.5 million (Ex VAT) is based on the full ten years and is only an approximate value; the actual value may be higher or lower.
Section IV: Procedure
IV.1)
Description
IV.1.1)
Type of procedure
Restricted procedure
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 209-478788
Section V: Award of contract
Contract No: 1
Title: Metrolink Legal Services
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
24/06/2019
V.2.2)
Information about tenders ( Agree to publish? yes )
Number of tenders received:
7
The contract has been awarded to a group of economic operators
:
noV.2.3)
Name and address of the contractor ( Agree to publish? yes )
A&L Goodbody / Pinsent Masons LLP JV
1 Windmill Lane, Dublin 2, D02F206
Dublin
D02F206
IE
The contractor is an SME : no
Section VI: Complementary information
VI.3)
Additional information
- 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 contract 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 contracts 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 contract or other document itself when it becomes available.
- Award of contract will be subject to the approval of the competent authorities.
- Award of contract 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 Information Memorandum and Pre-qualification Questionnaire are available on the etenders Website at http://www.etenders.gov.ie. Interested parties wishing to participate should ensure that the Pre-Qualification Questionnaire (and the ESPD, where used) is completed and returned in accordance with the requirements set out in the Pre-qualification Questionnaire and Information Memorandum. The Information Memorandum sets out details of the project and the procurement process.
The current corporate legal adviser is assisting TII with initial project legal services but the successful tenderer will take over all Metrolink project related work from the corporate legal adviser on contract signing.
- 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 contract 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 contracts 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 contract or other document itself when it becomes available.
- Award of contract will be subject to the approval of the competent authorities.
- Award of contract 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 Information Memorandum and Pre-qualification Questionnaire are available on the etenders Website at http://www.etenders.gov.ie. Interested parties wishing to participate should ensure that the Pre-Qualification Questionnaire (and the ESPD, where used) is completed and returned in accordance with the requirements set out in the Pre-qualification Questionnaire and Information Memorandum. The Information Memorandum sets out details of the project and the procurement process.
The current corporate legal adviser is assisting TII with initial project legal services but the successful tenderer will take over all Metrolink project related work from the corporate legal adviser on contract signing.
VI.4)
Procedures for review
VI.4.1)
Review body
Central Office of the High Court
Four Courts Ground Floor Inns Quay
Dublin
D08 Dk10
IE
Telephone:
+353 18886125
E-mail:
highcourtcentraloffice@courts.ie
Internet address:
www.courts.ie