Contract award notice

Results of the procurement procedure

Directive 2014/24/EU

Section I: Contracting authority

I.1)

Name and addresses

Financial Services and Pensions Ombudsman

N/A

Lincoln House

Dublin 2

Lincoln Place

E-mail: leo@iprocure.ie

NUTS code: IE061 - Dublin

Internet address(es):

Main address: www.fspo.ie

Address of the buyer profile: https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/548

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

Establishment of a Multi-Party Framework Agreement for the provision of Legal Advisory Services and related Litigation Services

Reference number: FSPO03032023

II.1.2)

Main CPV code

79110000 - Legal advisory and representation services

II.1.3)

Type of contract

Services

II.1.4)

Short description

II.1.6)

Information about lots

This contract is divided into lots: no

II.1.7)

Total value of the procurement

Value excluding VAT: 1500000.00 EUR

II.2)

Description

II.2.2)

Additional CPV code(s)

79100000 - Legal services

79112000 - Legal representation services

79140000 - Legal advisory and information services

79110000 - Legal advisory and representation services

79111000 - Legal advisory services

II.2.3)

Place of performance

NUTS code: IE0 - IRELAND

Main site or place of performance:

Lincoln House, Lincoln Place, Dublin 2

II.2.4)

Description of the procurement

The establishment of a multi-party Framework Agreement for Legal advisory services and related litigation services, to include statutory appeals, judicial review proceedings and enforcement actions, as set out in more detail in the tender documents.
FSPO requires legal advisory services and all related litigation services including statutory appeals and judicial review proceedings.
• Legal advisory services and all related litigation services in relation to:
1. Statutory Appeals of Decisions of the FSPO under s64 of the FSPO Act.
2. Judicial Review proceedings or other applications to the Court, arising from the FSPO Act or otherwise.
3. Enforcement actions under s65 of the FSPO Act.
• Legal advisory services on the FSPO’s statutory functions and powers under the FSPO Act.
• Legal advisory services on all relevant laws or other instruments, which may impact upon the work and functions of the FSPO. This includes, but is not limited to, Domestic Legislation (Acts and statutory instruments), European Legislation (Directives and Regulations), Guidelines, Codes and Standards and advice on any public consultation process.
• Legal advisory services on FSPO procedures including, but not limited to, process reviews, standard operating procedures (SOPs) and guidelines.
• Legal advisory services on FSPO communications. This includes but is not limited to reports, publications, letters, memoranda, emails, correspondence, agreements and documents arising from the work and functions of the FSPO.
• Other advice and legal support, including future assignments/secondments to the FSPO as required, arising from the functions and role of the FSPO generally and/or as specific legal issues may arise from time to time.
For the avoidance of doubt, pre-existing assignments/secondments to the FSPO for the provision of the above services will not be affected by the establishment of a multi-party Framework Agreement for Legal advisory services and related litigation services. Pre-existing assignments/secondments will remain in place in accordance with any existing agreement.

II.2.5)

Award criteria

Criteria below

Quality criterion - Name: Understanding of FSPO's legal and operating environment / Weighting: 20%

Quality criterion - Name: Quality of approach and methodology / Weighting: 20%

Quality criterion - Name: Quality and balance of service delivery team / Weighting: 20%

Quality criterion - Name: Environmentally sustainable and social considerations / Weighting: 10%

Price - Weighting: 30%

II.2.11)

Information about options

Options: yes

Description of options:

Any Framework Agreement that may result from this competition will be for an initial period of two (2) years. The Contracting Authority reserves the right to extend the Term for a period or periods of up to 12 months with a maximum of two (2) such extension or extensions on the same terms and conditions, subject to the Contracting Authority’s obligations at law.

II.2.13)

Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.1)

Description

IV.1.1)

Type of procedure

Open procedure

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: 2023/S 048-140037

Section V: Award of contract

Contract No: 1

Title: Establishment of a Multi-Party Framework Agreement for the provision of Legal Advisory Services and related Litigation Services

A contract/lot is awarded: yes

V.2)

Award of contract

V.2.1)

Date of conclusion of the contract

01/06/2023

V.2.2)

Information about tenders

Number of tenders received: 6

Number of tenders received from SMEs: 0

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 6

The contract has been awarded to a group of economic operators : yes

V.2.3)

Name and address of the contractor

Byrne Wallace LLP

88 Harcourt Street

Dublin 2

D02DK18

NUTS code: IEZ - EXTRA-REGIO NUTS 1

The contractor is an SME : no

Eversheds Sutherland LLP

One Earlsfort Terrace

Dublin 2

NUTS code: IEZ - EXTRA-REGIO NUTS 1

The contractor is an SME : no

Fieldfisher LLP

The Capel Building, Mary's Abbey

Dublin

D07N4C6

NUTS code: IEZ - EXTRA-REGIO NUTS 1

The contractor is an SME : no

Philip Lee LLP

Connaught House, One Burlington Road

Dublin

D04C5Y6

NUTS code: IEZ - EXTRA-REGIO NUTS 1

The contractor is an SME : no

V.2.4)

Information on value of the contract/lot (excluding VAT)

Initial estimated total value of the contract/lot: 1500000.00 EUR

Total value of the contract/lot: 1500000.00 EUR

Section VI: Complementary information

VI.4)

Procedures for review

VI.4.1)

Review body

The High Court of Ireland

Dublin

VI.4.3)

Review procedure

Precise information on deadline(s) for review procedures:

Please consult with your own legal advisors

Contract award notice

Information