Date of dispatch of this notice: 09/03/2022
Expire date: 20/04/2022
External Reference: 2022-271255
TED Reference: 2022/S 051-133276
Contract notice
Information
Published
Contract notice
Cached Version
Contract notice
Directive 2014/24/EU
Section I: Contracting authority
I.1)
Name and addresses
Charities Regulator
N/A
Charities Regulator, 1st Floor, 3 George's Dock,
Dublin 1, X5X0
Dublin
IE
Contact person:
Jeanne Copeland
Telephone:
+353 014020114
E-mail:
tenders@greenville.ie
NUTS code:
IE061 -
Dublin
Main address:
https://charitiesregulator.ie/
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/131720
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=209215&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=209215&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
General public services
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Multi-Party Framework Agreement for Legal Services
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
The Charities Regulator (hereinafter referred to as the “Contracting Authority”) proposes to engage in a competitive process for the establishment of a framework agreement with a maximum duration of 7 years for the provision of Legal Services to the Contracting Authority.
The provision of a comprehensive range of legal services, including but not limited to: -
1. providing legal advice to the Contracting Authority, the CEO and staff, as required, on the Contracting Authority’s statutory functions pursuant to the Charities Act 2009, as may be amended from time to time, and other relevant legislation,
2. providing legal advice on all legislation, Statutory Instruments, Regulations and EU legislation, as they may relate to the Contracting Authority’s functions generally, and such other relevant legal issues or developments that may arise from time to time,
3. drafting documentation including legal documentation and draft Regulations,
The provision of a comprehensive range of legal services, including but not limited to: -
1. providing legal advice to the Contracting Authority, the CEO and staff, as required, on the Contracting Authority’s statutory functions pursuant to the Charities Act 2009, as may be amended from time to time, and other relevant legislation,
2. providing legal advice on all legislation, Statutory Instruments, Regulations and EU legislation, as they may relate to the Contracting Authority’s functions generally, and such other relevant legal issues or developments that may arise from time to time,
3. drafting documentation including legal documentation and draft Regulations,
II.1.5)
Estimated total value
Value excluding VAT: 2000000.00
EUR
II.1.6)
Information about lots
This contract is divided into lots:
no
II.2)
Description
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79111000
-
Legal advisory services
79112000
-
Legal representation services
79130000
-
Legal documentation and certification services
79140000
-
Legal advisory and information services
II.2.3)
Place of performance
NUTS code:
IE061 -
Dublin
NUTS code:
IE -
IRELAND
Main site or place of performance:
Dublin, Ireland
II.2.4)
Description of the procurement
The Charities Regulator (hereinafter referred to as the “Contracting Authority”) proposes to engage in a competitive process for the establishment of a framework agreement with a maximum duration of 7 years for the provision of Legal Services to the Contracting Authority.
The provision of a comprehensive range of legal services, including but not limited to: -
1. providing legal advice to the Contracting Authority, the CEO and staff, as required, on the Contracting Authority’s statutory functions pursuant to the Charities Act 2009, as may be amended from time to time, and other relevant legislation,
2. providing legal advice on all legislation, Statutory Instruments, Regulations and EU legislation, as they may relate to the Contracting Authority’s functions generally, and such other relevant legal issues or developments that may arise from time to time,
3. drafting documentation including legal documentation and draft Regulations,
4. providing legal services in respect of Public, Administrative and Regulatory Law as it relates to the charities sector and the Contracting Authority,
5. providing all forms of representational (including advocacy) and litigation support and advisory services in both contentious and non-contentious matters,
6. providing legal services in respect of legal proceedings, including, but not limited to, summary district court proceedings brought by the Contracting Authority, High Court applications brought by or against the Contracting Authority, appeals of decisions of the Contracting Authority and judicial review proceedings,
7. providing legal services in respect of the Contracting Authority’s function as Protector of Charities,
8. assisting with, at the request of, and for the consideration of, the Contracting Authority, the preparation of such reports as the Charities Act 2009 requires (including any ancillary work necessary for the compilation of such a report, e.g. public consultation, international research, etc.
The provision of a comprehensive range of legal services, including but not limited to: -
1. providing legal advice to the Contracting Authority, the CEO and staff, as required, on the Contracting Authority’s statutory functions pursuant to the Charities Act 2009, as may be amended from time to time, and other relevant legislation,
2. providing legal advice on all legislation, Statutory Instruments, Regulations and EU legislation, as they may relate to the Contracting Authority’s functions generally, and such other relevant legal issues or developments that may arise from time to time,
3. drafting documentation including legal documentation and draft Regulations,
4. providing legal services in respect of Public, Administrative and Regulatory Law as it relates to the charities sector and the Contracting Authority,
5. providing all forms of representational (including advocacy) and litigation support and advisory services in both contentious and non-contentious matters,
6. providing legal services in respect of legal proceedings, including, but not limited to, summary district court proceedings brought by the Contracting Authority, High Court applications brought by or against the Contracting Authority, appeals of decisions of the Contracting Authority and judicial review proceedings,
7. providing legal services in respect of the Contracting Authority’s function as Protector of Charities,
8. assisting with, at the request of, and for the consideration of, the Contracting Authority, the preparation of such reports as the Charities Act 2009 requires (including any ancillary work necessary for the compilation of such a report, e.g. public consultation, international research, etc.
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: 2000000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
84
This contract is subject to renewal:
no
II.2.9)
Information about the limits on the number of candidates to be invited
Envisaged number of candidates:
5
Objective criteria for choosing the limited number of candidates:
Based on the quality of the responses, it is envisaged that the top 5 applicants will be invited to tender.
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 the submission of tenders and is available to download from www.etenders.gov.ie using RFT 209522
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:
As stated in the procurement documents available to download
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
As stated in the procurement documents available to download
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:
3
In the case of framework agreements, provide justification for any duration exceeding 4 years:
As the subject matter of the framework falls within Title III Annex XIV of Directive 2014/24/EU. The rules on the duration of frameworks do not apply.
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:
11/04/2022
Local time:
12:00
IV.2.4)
Languages in which tenders or requests to participate may be submitted
English
Section VI: Complementary information
VI.1)
Information about recurrence
This is a recurrent procurement:
no
VI.2)
Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
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.
3) Suppliers should note the following when making their submission:
• There is a maximum upload limit of 2GB per file. Documents larger than this should be divided into smaller files prior to upload.
• In order to submit a document to the electronic postbox, please note that you must click “Submit Response”. After
submitting a response, the response may be modified and re-submitted as many times as may be necessary until the RFT deadline has expired. Suppliers should be aware that the “Submit Response” button will be disabled automatically upon expiration of the response deadline.
• Suppliers must ensure that they give themselves sufficient time to upload & submit all required documentation before the submission deadline. Suppliers should take into account the fact that upload speeds vary.
• If you experience difficulty when uploading documents please contact eTenders Support Desk for technical
assistance. Email etenders@eusupply. com or Telephone: 353(0)21 2439277 (09:00am – 17:30pm GMT) 5. All queries must be submitted through the messaging facility on www.etenders.gov.ie.
4) All queries regarding this tender requirement or process must be submitted through the Irish Government
Procurement Opportunities Portal www.etenders.gov.ie 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.
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.
3) Suppliers should note the following when making their submission:
• There is a maximum upload limit of 2GB per file. Documents larger than this should be divided into smaller files prior to upload.
• In order to submit a document to the electronic postbox, please note that you must click “Submit Response”. After
submitting a response, the response may be modified and re-submitted as many times as may be necessary until the RFT deadline has expired. Suppliers should be aware that the “Submit Response” button will be disabled automatically upon expiration of the response deadline.
• Suppliers must ensure that they give themselves sufficient time to upload & submit all required documentation before the submission deadline. Suppliers should take into account the fact that upload speeds vary.
• If you experience difficulty when uploading documents please contact eTenders Support Desk for technical
assistance. Email etenders@eusupply. com or Telephone: 353(0)21 2439277 (09:00am – 17:30pm GMT) 5. All queries must be submitted through the messaging facility on www.etenders.gov.ie.
4) All queries regarding this tender requirement or process must be submitted through the Irish Government
Procurement Opportunities Portal www.etenders.gov.ie 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.
VI.4)
Procedures for review
VI.4.1)
Review body
High Court
Four Courts
Dublin 7
IE
Telephone:
+353 18886000
E-mail:
highcourtcentraloffice@courts.ie
Internet address:
www.courts.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