Date of dispatch of this notice: 08/05/2020
Expire date: 09/06/2020
External Reference: 2020-290992
TED Reference: 2020/S 093-222400
Contract notice
Information
Published
Contract notice
Contract notice
Directive 2014/24/EU
Section I: Contracting authority
I.1)
Name and addresses
Land Development Agency
Ireland
2nd Floor Ashford House
Dublin 2
Tara Street
IE
Contact person:
Jeanne Copeland
Telephone:
+353 14020114
E-mail:
info@greenville.ie
Internet address(es):
Main address:
https://lda.ie/
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/165460
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=166689&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=166689&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
Housing and community amenities
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Legal Advisory Services in two lots: Lot 1 – General Legal Advisory Services Lot 2 – Property Related Legal Advisory Services
II.1.2)
Main CPV code
79111000
-
Legal advisory services
II.1.3)
Type of contract
Services
II.1.4)
Short description
The LDA requires Legal Advisory Services in relation to its ongoing activities envisaged to form part of the LDA mandate. As well as advice in relation the legal issues associated with a Stage Agency, the framework members will be required to provide advice on a wide-ranging number of topics, including but not limited to:
Lot 1 - General Legal Advisory Services
Lot 2 - Property Related Legal Advisory Services
Lot 1 - General Legal Advisory Services
Lot 2 - Property Related Legal Advisory Services
II.1.5)
Estimated total value
Value excluding VAT: 25000000.00
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:
1
II.2)
Description
II.2.1)
Title
General Legal Advisory Services
Lot No:
1
II.2.2)
Additional CPV code(s)
79100000
-
Legal services
79110000
-
Legal advisory and representation services
79112000
-
Legal representation 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
As well as advice in relation the legal issues associated with a Stage Agency, the framework members will be required to provide advice on a wide-ranging number of topics, including but not limited to the following and shall include all other services that are reasonably ancillary and incidental thereto:
• Design Team Appointments
- Design team appointments and collateral warranties
• Procurement
- Procurement strategy and execution including EU procurement issues
• Property & Land Transfers
- Procurement / transfers of land from other State Agencies
- Title reviews
- Title rectification
- Storage of title documents and deeds
- Conveyances of land / property/units
- Affordable covenants
- General advices
• Planning Permissions
- Environmental and planning related advices
- Advices re Judicial Reviews
• Delivery & Mechanisms
- Delivery mechanisms including the drafting the negotiation of construction contracts, development agreements to include but not limited to: -
i. Contractor appointments
ii. Licence agreements
iii. Joint Venture agreements
iv. Site sales / forward sales of Property
v. Hybrids of the above
- Contractor appointments & collateral warranties to include direct contractor appointments, Licence agreements and Joint Venture agreements
- Bonds, securities & guarantees
- Project insurances
• Property related Tax advices to include pre funding agreements and tax structuring of land transactions
• Affordable Housing / Cost Rental
- Advices on the implications of the commitment to deliver affordable units on:-
i. site and property transfers
ii. onward site disposals
iii. public procurement
iv. financing implications
v. leases / licences
• Social Housing – sales to AHB’s / Local Authorities
• Finance
- Debt & Equity financing
- Shareholder agreements
• State Aid
• Employment Law
- Employment law advices
• Dispute resolution
• Tenancy
- Landlord & Tenancy advices
- Letting Agreements
- Management Company formation, structures & engagement
- Dispute resolution
• Information Law
- FOI legislation
- Data Protection legislation
• Insurance
• General Legal Advices
The legal services to be provided may also include the provision of:
• legal secondees upon request of the Contracting Authority and subject to terms to be agreed between the Contracting Authority and the Legal Advisor(s);
• training on topics to be agreed between the Contracting Authority and the Legal Advisor(s) from time to time; and
• referrals to law firms in other jurisdictions or to other legal advisors, to the extent that the Contracting Authority so requests.
• Design Team Appointments
- Design team appointments and collateral warranties
• Procurement
- Procurement strategy and execution including EU procurement issues
• Property & Land Transfers
- Procurement / transfers of land from other State Agencies
- Title reviews
- Title rectification
- Storage of title documents and deeds
- Conveyances of land / property/units
- Affordable covenants
- General advices
• Planning Permissions
- Environmental and planning related advices
- Advices re Judicial Reviews
• Delivery & Mechanisms
- Delivery mechanisms including the drafting the negotiation of construction contracts, development agreements to include but not limited to: -
i. Contractor appointments
ii. Licence agreements
iii. Joint Venture agreements
iv. Site sales / forward sales of Property
v. Hybrids of the above
- Contractor appointments & collateral warranties to include direct contractor appointments, Licence agreements and Joint Venture agreements
- Bonds, securities & guarantees
- Project insurances
• Property related Tax advices to include pre funding agreements and tax structuring of land transactions
• Affordable Housing / Cost Rental
- Advices on the implications of the commitment to deliver affordable units on:-
i. site and property transfers
ii. onward site disposals
iii. public procurement
iv. financing implications
v. leases / licences
• Social Housing – sales to AHB’s / Local Authorities
• Finance
- Debt & Equity financing
- Shareholder agreements
• State Aid
• Employment Law
- Employment law advices
• Dispute resolution
• Tenancy
- Landlord & Tenancy advices
- Letting Agreements
- Management Company formation, structures & engagement
- Dispute resolution
• Information Law
- FOI legislation
- Data Protection legislation
• Insurance
• General Legal Advices
The legal services to be provided may also include the provision of:
• legal secondees upon request of the Contracting Authority and subject to terms to be agreed between the Contracting Authority and the Legal Advisor(s);
• training on topics to be agreed between the Contracting Authority and the Legal Advisor(s) from time to time; and
• referrals to law firms in other jurisdictions or to other legal advisors, to the extent that the Contracting Authority so 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: 15000000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
This contract is subject to renewal:
yes
Description of renewals:
The framework will be established for a period of four years, with an option to extend yearly up to a maximum of eight years subject to annual review, performance and fulfilling the Contracting Authority’s requirements with such extension or extensions on the same terms and conditions, subject to the Contracting Authority’s obligations at law.
II.2.9)
Information about the limits on the number of candidates to be invited
Envisaged number of candidates:
8
Objective criteria for choosing the limited number of candidates:
As set out in the procurement documents
II.2.10)
Information about variants
Variants will be accepted:
no
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 regarding submission of applications/tenders and is available to download from www.etenders.gov.ie using RFT ID 169389.
II.2)
Description
II.2.1)
Title
Property Related Legal Advisory Services
Lot No:
2
II.2.2)
Additional CPV code(s)
79100000
-
Legal services
79110000
-
Legal advisory and representation services
79112000
-
Legal representation 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
As well as advice in relation the legal issues associated with a Stage Agency, the framework members will be required to provide advice on a wide-ranging number of topics, including but not limited to the following and shall include all other services that are reasonably ancillary and incidental thereto:
• Property & Land Transfers
- Procurement / transfers of land from other State Agencies
- Title reviews
- Title rectification
- Storage of title documents and deeds
- Conveyances of land / property/units
- Affordable covenants
- General advices
• Planning Permissions
- Environmental and planning related advices
- Advices re Judicial Reviews
• Affordable Housing / Cost Rental
- Advices on the implications of the commitment to deliver affordable units on:-
i. site and property transfers
ii. onward site disposals
iii. public procurement
iv. financing implications
v. leases / licences
• Social Housing – sales to AHB’s / Local Authorities
• Dispute resolution
• Employment Law
• Tenancy
- Landlord & Tenancy advices
- Letting Agreements
- Management Company formation, structures & engagement
- Dispute resolution
• Insurance
• Tax
• General Legal Advices
The legal services to be provided may also include the provision of:
• legal secondees upon request of the Contracting Authority and subject to terms to be agreed between the Contracting Authority and the Legal Advisor(s);
• training on topics to be agreed between the Contracting Authority and the Legal Advisor(s) from time to time; and
• referrals to law firms in other jurisdictions or to other legal advisors, to the extent that the Contracting Authority so requests.
• Property & Land Transfers
- Procurement / transfers of land from other State Agencies
- Title reviews
- Title rectification
- Storage of title documents and deeds
- Conveyances of land / property/units
- Affordable covenants
- General advices
• Planning Permissions
- Environmental and planning related advices
- Advices re Judicial Reviews
• Affordable Housing / Cost Rental
- Advices on the implications of the commitment to deliver affordable units on:-
i. site and property transfers
ii. onward site disposals
iii. public procurement
iv. financing implications
v. leases / licences
• Social Housing – sales to AHB’s / Local Authorities
• Dispute resolution
• Employment Law
• Tenancy
- Landlord & Tenancy advices
- Letting Agreements
- Management Company formation, structures & engagement
- Dispute resolution
• Insurance
• Tax
• General Legal Advices
The legal services to be provided may also include the provision of:
• legal secondees upon request of the Contracting Authority and subject to terms to be agreed between the Contracting Authority and the Legal Advisor(s);
• training on topics to be agreed between the Contracting Authority and the Legal Advisor(s) from time to time; and
• referrals to law firms in other jurisdictions or to other legal advisors, to the extent that the Contracting Authority so 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: 10000000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
This contract is subject to renewal:
yes
Description of renewals:
The framework will be established for a period of four years, with an option to extend yearly up to a maximum of eight years subject to annual review, performance and fulfilling the Contracting Authority’s requirements with such extension or extensions on the same terms and conditions, subject to the Contracting Authority’s obligations at law.
II.2.9)
Information about the limits on the number of candidates to be invited
Envisaged number of candidates:
12
Objective criteria for choosing the limited number of candidates:
As set out in the procurement documents
II.2.10)
Information about variants
Variants will be accepted:
no
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 regarding submission of applications/tenders and is available to download from www.etenders.gov.ie using RFT ID 169389.
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 consult the associated documentation, which contains full instructions regarding submission of applications/tenders and is available to download from www.etenders.gov.ie using RFT ID 169389.
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 consult the associated documentation, which contains full instructions regarding submission of applications/tenders and is available to download from www.etenders.gov.ie using RFT ID 169389.
III.2.3)
Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
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:
5
IV.1.4)
Information about reduction of the number of solutions or tenders during negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.5)
Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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:
27/05/2020
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
Duration in months
: 12
(from the date stated for receipt of tender)
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) Suppliers must register their interest on the eTenders web site (www.etenders.gov.ie) in order to be included on the mailing list for clarifications and to respond electronically to the competition. There is a maximum upload limit of 2GB per document on etenders. Documents larger than this should be divided into smaller files prior to upload or zipped.
3) Should you experience difficulty when uploading documents please contact the eTenders Support Desk for technical assistance. Email etenders@eu-supply.com or Telephone: 353 (0) 21 243 92 77 (09:00am – 17:30pm GMT)
4) All queries regarding this tender requirement or process must be submitted through the Irish Government Procurement Opportunities Portal www.etenders.gov.ie (RFT ID:169389) as a specific question. Responses will be circulated to those tenderers that have registered an interest in this notice on www.etenders.gov.ie The details of the person making a query will not be disclosed when circulating the response
5) This is the sole call for competition for this contract/framework.
6) The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
7) Contract award will be subject to the approval of the competent authorities.
8) It will be a condition of award that the successful tenderer is and remains tax compliant.
9) 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.
10) 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.
11) Without prejudice to the principle of equal treatment, the contracting authority is not obliged to engage in a clarification process in respect of the procurement documents with missing or incomplete information. Therefore, respondents are advised to ensure that they return completed documentation in order to avoid the risk of elimination from the competition.
12) Applicants should note that LDA have advertised two lots for Legal Services:
Lot 1 - General Legal Advisory Services
Lot 2 - Property Related Legal Advisory Services
While Applicants may submit an application/tender for both lots, they will only be appointed to one lot. On that basis they should indicate their preference in the response to the qualification questionnaire
2) Suppliers must register their interest on the eTenders web site (www.etenders.gov.ie) in order to be included on the mailing list for clarifications and to respond electronically to the competition. There is a maximum upload limit of 2GB per document on etenders. Documents larger than this should be divided into smaller files prior to upload or zipped.
3) Should you experience difficulty when uploading documents please contact the eTenders Support Desk for technical assistance. Email etenders@eu-supply.com or Telephone: 353 (0) 21 243 92 77 (09:00am – 17:30pm GMT)
4) All queries regarding this tender requirement or process must be submitted through the Irish Government Procurement Opportunities Portal www.etenders.gov.ie (RFT ID:169389) as a specific question. Responses will be circulated to those tenderers that have registered an interest in this notice on www.etenders.gov.ie The details of the person making a query will not be disclosed when circulating the response
5) This is the sole call for competition for this contract/framework.
6) The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
7) Contract award will be subject to the approval of the competent authorities.
8) It will be a condition of award that the successful tenderer is and remains tax compliant.
9) 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.
10) 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.
11) Without prejudice to the principle of equal treatment, the contracting authority is not obliged to engage in a clarification process in respect of the procurement documents with missing or incomplete information. Therefore, respondents are advised to ensure that they return completed documentation in order to avoid the risk of elimination from the competition.
12) Applicants should note that LDA have advertised two lots for Legal Services:
Lot 1 - General Legal Advisory Services
Lot 2 - Property Related Legal Advisory Services
While Applicants may submit an application/tender for both lots, they will only be appointed to one lot. On that basis they should indicate their preference in the response to the qualification questionnaire
VI.4)
Procedures for review
VI.4.1)
Review body
High Court
Four Courts
Dublin
7
IE
Telephone:
+353 118886000
E-mail:
highcourtcentraloffice@courts.ie
Internet address:
http://www.courts.ie
VI.4.2)
Body responsible for mediation procedures
High Court
Dublin
IE
VI.4.3)
Review procedure
Precise information on deadline(s) for review procedures:
The framework is covered by the application of the Remedies Directive and the relevant standstill period applied at time of notification.
VI.4.4)
Service from which information about the review procedure may be obtained
Consult legal advisor
Ireland
IE