Date of dispatch of this notice: 19/12/2019
External Reference: 2019-248667
TED Reference: 2019/S 247-610994
Contract award notice - utilities
Information
Published
Contract award notice - utilities
Cached Version
Contract award notice – utilities
Results of the procurement procedure
Services
Directive 2014/25/EU
Section I: Contracting entity
I.1)
Name and addresses
Eirgrid plc
N/A
Block 2 - The Oval, 160 Shelbourne Road
Ballsbridge
Dublin 4
IE
Contact person:
Anthony Flood
Telephone:
+353 012370123
E-mail:
Anthony.flood@eirgrid.com
Fax:
+353 016615375
NUTS code:
IE -
IRELAND
Main address:
http://www.eirgrid.com
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/219
Réseau de Transport d'Electricité
Direction achats, immeuble Coeur Défense — tour B, 100 esplanade du Général de Gaulle
Paris La Défense Cedex
FR
Contact person:
Anthony Flood
Telephone:
+353 012370123
E-mail:
Anthony.flood@eirgrid.com
NUTS code:
FR -
FRANCE
Main address:
www.rte-france.com
I.2)
Joint procurement
The contract involves joint procurement
In the case of joint procurement involving different countries, state applicable national procurement law:
Irish
I.6)
Main activity
Electricity
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Legal Support Services for the Celtic Interconnector Project
Reference number:
ENQEIR615
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
Legal Support Services for the Celtic Interconnector project and in particular regarding the Engineer, Procure and Construct (EPC) contracts that will be awarded to design and build the Celtic Interconnector Project.
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:
IE -
IRELAND
Main site or place of performance:
Ireland and France
II.2.4)
Description of the procurement
EirGrid is the Transmission System Operator (TSO) and Market Operator (MO) in the wholesale trading system in Ireland, and is the owner of the System Operator Northern Ireland (SONI Ltd), the licensed TSO and market operator in Northern Ireland.
Réseau de Transport d'Électricité (RTE) is the French TSO; it owns, operates and develops the French Electricity Transmission System with the primary objectives of balancing electricity generation with consumption and guaranteeing the secure operation of the power system.
RTE and EirGrid, together referred to herein as “the Companies”, have been engaged in exploring the feasibility of an interconnector project between Ireland and France, which will hereafter be referred to as either the ”Celtic Interconnector Project” and/or “Project”.
This procurement is being run by EirGrid on behalf of EirGrid and RTE.
The Companies shall require the successful Tenderer to provide legal advice and support relating to legal issues regarding the Celtic Interconnector Project. The required services will mainly comprise of legal advice on and assistance with the legal elements of the EPC procurement process. The EPC contractor will likely be sourced through the Negotiated Procedure as set out in Council Directive 2014/25/EU.
The general requirements will include working with the Companies’ Legal and Procurement teams, including external advisers, to provide advice on all Legal Support Services required for the Project including:
• • EPC contracts strategy;
• EPC contracts preparation (drafting of the EPC and other relevant contracts and updating after each round of negotiation & final tuning);
• EPC contracts negotiations with preferred suppliers;
• Legal market intelligence on EPC contracts;
• Other third party contracts arising from EPC contracts strategy related to this scope;
• Any other ancillary legal services (under Irish law, French law or both) as may be required by the Companies or the IJV as appropriate.
The range of work within the scope of requirements will change from year to year depending on the project requirements. It is anticipated that the scope will be confirmed at the beginning of each stage of the project although, it should be noted that there may be a requirement to increase/decrease the scope of work during the specific stages depending on project requirements.
Réseau de Transport d'Électricité (RTE) is the French TSO; it owns, operates and develops the French Electricity Transmission System with the primary objectives of balancing electricity generation with consumption and guaranteeing the secure operation of the power system.
RTE and EirGrid, together referred to herein as “the Companies”, have been engaged in exploring the feasibility of an interconnector project between Ireland and France, which will hereafter be referred to as either the ”Celtic Interconnector Project” and/or “Project”.
This procurement is being run by EirGrid on behalf of EirGrid and RTE.
The Companies shall require the successful Tenderer to provide legal advice and support relating to legal issues regarding the Celtic Interconnector Project. The required services will mainly comprise of legal advice on and assistance with the legal elements of the EPC procurement process. The EPC contractor will likely be sourced through the Negotiated Procedure as set out in Council Directive 2014/25/EU.
The general requirements will include working with the Companies’ Legal and Procurement teams, including external advisers, to provide advice on all Legal Support Services required for the Project including:
• • EPC contracts strategy;
• EPC contracts preparation (drafting of the EPC and other relevant contracts and updating after each round of negotiation & final tuning);
• EPC contracts negotiations with preferred suppliers;
• Legal market intelligence on EPC contracts;
• Other third party contracts arising from EPC contracts strategy related to this scope;
• Any other ancillary legal services (under Irish law, French law or both) as may be required by the Companies or the IJV as appropriate.
The range of work within the scope of requirements will change from year to year depending on the project requirements. It is anticipated that the scope will be confirmed at the beginning of each stage of the project although, it should be noted that there may be a requirement to increase/decrease the scope of work during the specific stages depending on project requirements.
II.2.5)
Award criteria ( Agree to publish? yes )
Criteria below
Quality criterion
-
Name:
Resources
/
Weighting:
40%
Quality criterion
-
Name:
Approach & Methodology
/
Weighting:
10%
Quality criterion
-
Name:
Legal
/
Weighting:
5%
Price
-
Weighting:
45%
II.2.11)
Information about options
Options:
yes
Description of options:
The initial Framework Agreement period will be from Framework Agreement start date to EPC award date, currently estimated to be mid 2021, with the option to extend annually for a period afterwards, the total of which will not exceed 8 years
II.2.13)
Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
yes
Identification of the project:
Celtic Interconnector Project.
II.2.14)
Additional information
This is a Framework Agreement and fees shall depend on the work required
Section IV: Procedure
IV.1)
Description
IV.1.1)
Type of procedure
Negotiated procedure with prior call for competition
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 098-224724
Section V: Award of contract
Contract No: 1
Title: Legal Support Services for the Celtic Interconnector Project
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
12/12/2019
V.2.2)
Information about tenders ( Agree to publish? yes )
Number of tenders received:
4
Number of tenders received from SMEs:
0
Number of tenders received from tenderers from other EU Member States:
3
Number of tenders received from tenderers from non-EU Member States:
0
Number of tenders received by electronic means:
4
The contract has been awarded to a group of economic operators
:
noV.2.3)
Name and address of the contractor ( Agree to publish? yes )
Eversheds
One Earlsfort Centre, Earlsfort Terrace
Dublin
2
IE
NUTS code:
IE -
IRELAND
The contractor is an SME : no
Section VI: Complementary information
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:
Precise information on deadline(s) for review procedures:
Precise information on deadline(s) for lodging appeals: The contracting authority will not conclude this contract to which a standstill period applies in accordance with Irish Statutory Instrument SI 130 of 2010, 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.
Precise information on deadline(s) for lodging appeals: The contracting authority will not conclude this contract to which a standstill period applies in accordance with Irish Statutory Instrument SI 130 of 2010, 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.