Date of dispatch of this notice: 03/12/2021
External Reference: 2021-265085
TED Reference: 2021/S 238-628285
Voluntary Ex Ante Transparency Notice
Information
Published
Voluntary Ex Ante Transparency Notice
Voluntary ex ante transparency notice
Services
Directive 2014/24/EU
Section I: Contracting authority/entity
I.1)
Name and addresses
Transport Infrastructure Ireland (TII)
9510201H
Parkgate Business Centre, Parkgate Street
Dublin, D08 DK10
Dublin
IE
Contact person:
Paul Farrelly
Telephone:
+353 16463600
E-mail:
paul.farrelly@tii.ie
NUTS code:
IE -
IRELAND
Main address:
www.tii.ie
Address of the buyer profile:
www.tii.ie
I.4)
Type of the contracting authority
Body governed by public law
I.5)
Main activity
Other activity:
Roads, Metro and Light Rail
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Enhancing Motorway Operation Services - Technical Services Commission
Reference number:
TII297
II.1.2)
Main CPV code
71300000
-
Engineering services
II.1.3)
Type of contract
Services
II.1.4)
Short description
The eMOS project is a complex technical project that incorporates a bespoke traffic management system, roadside ITS infrastructure, c-ITS services and associated communications networks.
II.1.6)
Information about lots
This contract is divided into lots:
no
II.1.7)
Total value of the procurement
Value excluding VAT:
10000000.00
EUR
II.2)
Description
II.2.2)
Additional CPV code(s)
71300000
-
Engineering services
II.2.3)
Place of performance
NUTS code:
IE -
IRELAND
Main site or place of performance:
Greater Dublin Area
II.2.4)
Description of the procurement
The provision of technical services in the area of traffic management systems, ITS, c-ITS services and associated communications networks.
II.2.11)
Information about options
Options:
yes
Description of options:
This commission is for an initial two years with an option to extend for two 12 month periods. The value referenced above is to cover the full duration including possible extensions.
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:
C-Roads Ireland
II.2.14)
Additional information
The estimated value is based on rates taking account of the services requirements.
Section IV: Procedure
IV.1)
Description
IV.1.1)
Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
- The procurement falls outside the scope of application of the directive
Explanation
TII proposes to enter into a direct award contract (the “Commission”) with Roughan O’Donovan – AECOM in joint venture (“RODA”) in connection with the ongoing enhancing Motorway Operation Services (“eMOS”) project. This is a complex technical project that will deliver a bespoke traffic management system for Dublin’s M50 motorway, including roadside ITS infrastructure, c-ITS services, associated communications networks, control centre infrastructure and traffic control systems.
The justification for the direct award is that set out in Regulation 32(2)(b) of the European Union (Award of Public Authority Contracts) Regulations 2016. As set out in the Recitals to Directive 2014/24, this includes a situation where there is a necessity to use “specific know-how, tools or means which only one economic operator has at its disposal”.
TII is satisfied that competition is absent for technical reasons as RODA is the only economic operator who can perform the required services for the eMOS Project.
RODA have been, the core technical advisors since the commencement of the eMOS Project, and the Commission represents a continuation of the services that RODA have provided since the outset of the Project. In order to perform the Commission, an alternative service provider would require not just the necessary specialist technical knowledge in intelligent transport systems, but more fundamentally, would require extensive knowledge, expertise and know-how associated with the development of the eMOS Project to date (since the Commission reflects the continuation of that ongoing project). RODA have been, and continue to be, critical in the delivery of the Project.
By virtue of their embedded knowledge, technical expertise and accrued know-how associated with the Project (which is available only to RODA), no other economic operator could perform the Commission without unacceptably high risk to the delivery of the eMOS Project.
Accordingly, RODA and its specialised team who are embedded in the project:
- Possess the unique combination of technical expertise, in-depth knowledge of the project interdependencies and of the specific institutional and legislative framework within which the project must be delivered, including the interface between the project development and the existing control centre functions, along with the development of a new speed limit regulatory regime to support the project.
- Possess an in-depth knowledge of the bespoke traffic management solution for the Project developed through the iterative competitive dialogue process. Have developed extensive relationships with the large and varied range of key stakeholders who are essential to the Project’s delivery.
- Have participated on behalf of TII on EU committees and working groups responsible for the development of European regulations and standards relating to c-ITS and implementing them in an Irish context.
TII is dependent on RODA to deliver the eMOS Project as it does not have the equivalent expertise, or specialist knowledge or know-how in-house.
TII is satisfied that there is no reasonable alternative economic operator with the required expertise, knowledge and accumulated Project specific know-how, apart from RODA.
TII is also satisfied that the parameters of the Commission are not artificially narrowed. The requirements of the Commission represent the needs of TII for the purposes of the delivery of the eMOS Project. By virtue of embedded knowledge, technical expertise and know-how which is available only to RODA, TII is satisfied that no other economic operator could perform the Commission.
The justification for the direct award is that set out in Regulation 32(2)(b) of the European Union (Award of Public Authority Contracts) Regulations 2016. As set out in the Recitals to Directive 2014/24, this includes a situation where there is a necessity to use “specific know-how, tools or means which only one economic operator has at its disposal”.
TII is satisfied that competition is absent for technical reasons as RODA is the only economic operator who can perform the required services for the eMOS Project.
RODA have been, the core technical advisors since the commencement of the eMOS Project, and the Commission represents a continuation of the services that RODA have provided since the outset of the Project. In order to perform the Commission, an alternative service provider would require not just the necessary specialist technical knowledge in intelligent transport systems, but more fundamentally, would require extensive knowledge, expertise and know-how associated with the development of the eMOS Project to date (since the Commission reflects the continuation of that ongoing project). RODA have been, and continue to be, critical in the delivery of the Project.
By virtue of their embedded knowledge, technical expertise and accrued know-how associated with the Project (which is available only to RODA), no other economic operator could perform the Commission without unacceptably high risk to the delivery of the eMOS Project.
Accordingly, RODA and its specialised team who are embedded in the project:
- Possess the unique combination of technical expertise, in-depth knowledge of the project interdependencies and of the specific institutional and legislative framework within which the project must be delivered, including the interface between the project development and the existing control centre functions, along with the development of a new speed limit regulatory regime to support the project.
- Possess an in-depth knowledge of the bespoke traffic management solution for the Project developed through the iterative competitive dialogue process. Have developed extensive relationships with the large and varied range of key stakeholders who are essential to the Project’s delivery.
- Have participated on behalf of TII on EU committees and working groups responsible for the development of European regulations and standards relating to c-ITS and implementing them in an Irish context.
TII is dependent on RODA to deliver the eMOS Project as it does not have the equivalent expertise, or specialist knowledge or know-how in-house.
TII is satisfied that there is no reasonable alternative economic operator with the required expertise, knowledge and accumulated Project specific know-how, apart from RODA.
TII is also satisfied that the parameters of the Commission are not artificially narrowed. The requirements of the Commission represent the needs of TII for the purposes of the delivery of the eMOS Project. By virtue of embedded knowledge, technical expertise and know-how which is available only to RODA, TII is satisfied that no other economic operator could perform the Commission.
IV.1.8)
Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement
: yes
IV.2)
Administrative information
Section V: Award of contract/concession
Contract No: TII297
Title: Enhancing Motorway Operation Services - Technical Services Commission
V.2)
Award of contract/concession
V.2.1)
Date of conclusion of the contract/concession award decision
25/11/2021
V.2.2)
Information about tenders
The contract has been awarded to a group of economic operators
:
yes
V.2.3)
Name and address of the contractor/concessionaire
ROUGHAN AND O'DONOVAN LIMITED
223146
Arena House, Arena Road, Sandyford
Dublin
D18V8P6
IE
Telephone:
+353 12940800
E-mail:
info@rod.ie
NUTS code:
IE -
IRELAND
Internet address:
https://www.rod.ie/about
The contractor/concessionaire will be an SME : no
Aecom Ireland Ltd
315981
24 Lower Hatch Street, Dublin 2
Dublin
D02TY88
IE
Telephone:
+353 16763671
E-mail:
info@aecom.ie
NUTS code:
IE -
IRELAND
Internet address:
https://aecom.com/ie/offices/
The contractor/concessionaire will be an SME : no
V.2.4)
Information on value of the contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession:
10000000.00
EUR
Total value of the contract/lot/concession:
10000000.00
EUR
Section VI: Complementary information
VI.3)
Additional information
While the date referenced in V.2.1- Date of conclusion of the contract/concession award decision is in the past, this contract will only be concluded following the expiry of the VEAT Notice period.
VI.4)
Procedures for review
VI.4.1)
Review body
Central Office of the High Court
Four Courts
Dublin 7
IE
Telephone:
+353 18886511
E-mail:
HighCourtCentralOffice@courts.ie
Fax:
+353 18886125
Internet address:
http://www.courts.ie
VI.4.2)
Body responsible for mediation procedures
Central Office of the High Court
Four Courts
Dublin 7
IE
Telephone:
+353 18886511
E-mail:
HighCourtCentralOffice@courts.ie
Fax:
+353 18886125
Internet address:
http://www.courts.ie
VI.4.3)
Review procedure
Precise information on deadline(s) for review procedures:
Judicial Review Proceedings:
(i) Judicial Review proceedings relating to an alleged infringement, to prevent further damage to the applicant’s interests or for review of the contract award decision the application must be issued within 30 calendar days after the applicant was notified of the decision, or knew or ought to have known of the alleged infringement
(ii) Judicial Review proceedings for a declaration of ineffectiveness must be issued within six months after the conclusion of the relevant contract or within 30 days if (a) a contract award notice has been published (beginning on the day after the notice is published in the OJEU) or (b) unsuccessful tenderers are furnished with a summary of the reasons for the candidate’s or tenderer’s rejection (beginning on the day after the notice is furnished)
(i) Judicial Review proceedings relating to an alleged infringement, to prevent further damage to the applicant’s interests or for review of the contract award decision the application must be issued within 30 calendar days after the applicant was notified of the decision, or knew or ought to have known of the alleged infringement
(ii) Judicial Review proceedings for a declaration of ineffectiveness must be issued within six months after the conclusion of the relevant contract or within 30 days if (a) a contract award notice has been published (beginning on the day after the notice is published in the OJEU) or (b) unsuccessful tenderers are furnished with a summary of the reasons for the candidate’s or tenderer’s rejection (beginning on the day after the notice is furnished)
VI.4.4)
Service from which information about the review procedure may be obtained
The High Court of Ireland
Four Courts, Inns Quay
Dublin 7
IE
Internet address:
https://www.courts.ie/content/central-office-high-court