Date of dispatch of this notice: 05/12/2018
Expire date: 15/01/2019
External Reference: 2018-284045
TED Reference: 2018/S 235-537417
Contract notice
Information
Published
Contract notice
Contract notice
Directive 2014/24/EU
Section I: Contracting authority
I.1)
Name and addresses
Enterprise Ireland
N/A
The Plaza
Dublin 3
East Point Business
IE
Contact person:
Catherine Gore
Telephone:
+353 17272435
Internet address(es):
Main address:
http://www.enterprise-ireland.com
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/434
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=138937&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=138937&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
Economic and financial affairs
Section II: Object
II.1)
Scope of the procurement
II.1.1)
Title
Establishment of a multi- party framework for the provision of Legal Services.
Reference number:
2018/46
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
Enterprise Ireland proposes to engage in a competitive process for the establishment of a multi-party framework agreement for the provision of Legal Services in three lots Lot 1 – Irish and European Public Law , Lot 2 - European State Aid Law, Lot 3 – Information Technology
II.1.5)
Estimated total value
Value excluding VAT: 3400000.00
EUR
II.1.6)
Information about lots
This contract is divided into lots:
yes
Tenders may be submitted for
all lots
II.2)
Description
II.2.1)
Title
Irish and European Public Law
Lot No:
1
II.2.2)
Additional CPV code(s)
79100000
-
Legal services
II.2.3)
Place of performance
Main site or place of performance:
Dublin 3
II.2.4)
Description of the procurement
This legal services requirement encompasses advice on administrative law, constitutional law, statutory interpretation of Irish statutes and subsidiary legislation, and decisions of the Irish courts. It also includes advice on relevant decisions and publications of and matters arising from the Treaties of the European Union, the European Courts and the European Commission. It includes but is not limited to advice on one or more of industrial development, and other areas of public law and on state aids, and on other areas of competition law.
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: 800000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
This contract is subject to renewal:
no
II.2.9)
Information about the limits on the number of candidates to be invited
Envisaged number of candidates:
7
Objective criteria for choosing the limited number of candidates:
Please consult the associated documentation, which contains full instructions regarding the objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 143249.
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 objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 143249.
II.2)
Description
II.2.1)
Title
European State Aid Law
Lot No:
2
II.2.2)
Additional CPV code(s)
79100000
-
Legal services
II.2.3)
Place of performance
Main site or place of performance:
Dublin 3
II.2.4)
Description of the procurement
Enterprise Ireland is seeking legal services from a firm or firms with specialist expertise in this area with a record of:
(a) advising Government Agencies in relation to interpreting the Treaty on the Functioning of the European Union and other European Treaties, and various related European Commission and Council Regulations, Directives, Decisions and Guidelines, in each case in relation to State Aids;
(b) appearing before the European Court of Justice and the General Court in State Aid cases; and
(c) communicating with the European Commission on behalf of client public bodies in relation to State Aid issues and advising client public bodies in relation to notifying the European Commission in relation to State Aids.
(a) advising Government Agencies in relation to interpreting the Treaty on the Functioning of the European Union and other European Treaties, and various related European Commission and Council Regulations, Directives, Decisions and Guidelines, in each case in relation to State Aids;
(b) appearing before the European Court of Justice and the General Court in State Aid cases; and
(c) communicating with the European Commission on behalf of client public bodies in relation to State Aid issues and advising client public bodies in relation to notifying the European Commission in relation to State Aids.
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: 1000000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
This contract is subject to renewal:
no
II.2.9)
Information about the limits on the number of candidates to be invited
Envisaged number of candidates:
7
Objective criteria for choosing the limited number of candidates:
Please consult the associated documentation, which contains full instructions regarding the objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 1432499.
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 objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 143249.
II.2)
Description
II.2.1)
Title
Information Technology
Lot No:
3
II.2.2)
Additional CPV code(s)
79100000
-
Legal services
II.2.3)
Place of performance
Main site or place of performance:
Dublin 3
II.2.4)
Description of the procurement
Tenderers may be required to advise on legal issues arising under any of the above headings, including, but not limited to:
(a) Software licensing and supply agreements.
(b) Know-how licensing agreements.
(c) GDPR, personal privacy and data protection issues.
(d) Commercial data protection issues.
(e) Ecommerce portals and knowledge sharing and communication portals and online mechanisms and developments in business and communication services in this area.
(a) Software licensing and supply agreements.
(b) Know-how licensing agreements.
(c) GDPR, personal privacy and data protection issues.
(d) Commercial data protection issues.
(e) Ecommerce portals and knowledge sharing and communication portals and online mechanisms and developments in business and communication services in this area.
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: 1600000.00
EUR
II.2.7)
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months:
48
This contract is subject to renewal:
no
II.2.9)
Information about the limits on the number of candidates to be invited
Envisaged number of candidates:
7
Objective criteria for choosing the limited number of candidates:
Please consult the associated documentation, which contains full instructions regarding the objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 143249.
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 objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 143249
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 the objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 143249.
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.2.3)
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:
4
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:
15/01/2019
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
eTenders RFT ID: 143249
1. The services covered by the framework agreement are legal services within the meaning of Annex XIV of Directive 2014/24/EU. The Contracting Authority is subject only to the rules in Part 3 Chapter 1 of the European Union (Award of Public Authority Contracts) Regulations 2016 (SI 284/2016) in relation to this competition. The Contracting Authority is following a procedure analogous to the negotiated procedure in relation to this competition.
2. The estimated total value of purchases pursuant to the framework agreement is in the region of €850,000 to €3.4 million (ex. VAT) over the lifetime of the agreement.
It is emphasised, however, that this figure is provided strictly for indicative purposes only as there is no guaranteed expenditure under the framework agreement.
3. 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.
4. The numbers invited to tender will be the top seven (7) qualifying candidates subject to that number qualifying.
5. This is the sole call for competition for this service.
6. The Contracting Authority will not be responsible for any costs, charges or expenses incurred by Applicants or tenderers.
7. Contract award will be subject to the approval of the competent authorities.
8. The framework will be for two (2) years with the option to extend by further periods of two (2) subject to a maximum of four (4) years, subject to annual review, satisfactory performance, business needs and budgetary constraints.
For the avoidance of doubt, the Contracting Authority confirms that the period of any contracts awarded under the framework agreement may extend beyond the date of expiry of the agreement.
9. It will be a condition of award that candidates are tax compliant.
10. If for any reason, it is not possible to establish the framework agreement or award the initial contract to the designated successful tenderer emerging from this competitive process; the Contracting Authority reserves the right to establish the framework with the next highest scoring tenderer on the basis of the terms advertised at any time during the tender validity period. This shall be without prejudice to the right of the Contracting Authority to cancel this competitive process and/or initiate a new contract award procedure at its sole discretion.
11. 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.
12. 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.
13. Without prejudice to the principle of equal treatment, the Contracting Authority is not obliged to engage in a clarification process in respect of questionnaires with missing or incomplete information. Therefore, candidates are advised to ensure that they return fully completed questionnaires in order to avoid the risk of elimination from the competition.
1. The services covered by the framework agreement are legal services within the meaning of Annex XIV of Directive 2014/24/EU. The Contracting Authority is subject only to the rules in Part 3 Chapter 1 of the European Union (Award of Public Authority Contracts) Regulations 2016 (SI 284/2016) in relation to this competition. The Contracting Authority is following a procedure analogous to the negotiated procedure in relation to this competition.
2. The estimated total value of purchases pursuant to the framework agreement is in the region of €850,000 to €3.4 million (ex. VAT) over the lifetime of the agreement.
It is emphasised, however, that this figure is provided strictly for indicative purposes only as there is no guaranteed expenditure under the framework agreement.
3. 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.
4. The numbers invited to tender will be the top seven (7) qualifying candidates subject to that number qualifying.
5. This is the sole call for competition for this service.
6. The Contracting Authority will not be responsible for any costs, charges or expenses incurred by Applicants or tenderers.
7. Contract award will be subject to the approval of the competent authorities.
8. The framework will be for two (2) years with the option to extend by further periods of two (2) subject to a maximum of four (4) years, subject to annual review, satisfactory performance, business needs and budgetary constraints.
For the avoidance of doubt, the Contracting Authority confirms that the period of any contracts awarded under the framework agreement may extend beyond the date of expiry of the agreement.
9. It will be a condition of award that candidates are tax compliant.
10. If for any reason, it is not possible to establish the framework agreement or award the initial contract to the designated successful tenderer emerging from this competitive process; the Contracting Authority reserves the right to establish the framework with the next highest scoring tenderer on the basis of the terms advertised at any time during the tender validity period. This shall be without prejudice to the right of the Contracting Authority to cancel this competitive process and/or initiate a new contract award procedure at its sole discretion.
11. 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.
12. 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.
13. Without prejudice to the principle of equal treatment, the Contracting Authority is not obliged to engage in a clarification process in respect of questionnaires with missing or incomplete information. Therefore, candidates are advised to ensure that they return fully completed questionnaires in order to avoid the risk of elimination from the competition.
VI.4)
Procedures for review
VI.4.1)
Review body
The High Court
Four Courts Inn Quay
Dublin
7
IE
Telephone:
+353 18886000
E-mail:
highcourtcentraloffice@courts.ie
Internet address:
www.courts.ie