Date of dispatch of this notice: 11/01/2019
External Reference: 2019-266215
TED Reference: 2019/S 010-019497
Contract award notice
Information
Published
Contract award notice
Contract award notice
Results of the procurement procedure
Directive 2014/24/EU
Section I: Contracting authority
I.1)
Name and addresses
Transport Infrastructure Ireland (TII)
9510201H
Parkgate Business Centre, Parkgate Street
Dublin, D08 DK10
Dublin
IE
Contact person:
Chris Bradish
Telephone:
+353 16463452
E-mail:
chris.bradish@tii.ie
Internet address(es):
Main address:
www.tii.ie
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/120261
I.2)
Joint procurement
The contract is awarded by a central purchasing body
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
Legal Services Framework with Local Authorities and Transport Infrastructure Ireland acting as Client
Reference number:
TII114
II.1.2)
Main CPV code
79100000
-
Legal services
II.1.3)
Type of contract
Services
II.1.4)
Short description
TII is procuring legal services under a Framework that are associated with the design, construction, operation, maintenance, and all other aspects of roads projects nationwide. The users of the Framework are TII and Local Authorities. This competition contains six lots relating to specific LAs and specific services to be provided within those areas. The services required for each lot are general legal advisory services in relation to construction projects, including (but not limited to):
Lots 1–3
• General legal services in relation to the performance of statutory functions
• General legal services and representation
• Advice in relation to CPO, EIS, environmental issues, and procurement issues
• Commercial & contract law issues
• Health & safety issues
Lots 4–6
• Provision of all advice and representation in respect of procurement, contractual & dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation
Lots 1–3
• General legal services in relation to the performance of statutory functions
• General legal services and representation
• Advice in relation to CPO, EIS, environmental issues, and procurement issues
• Commercial & contract law issues
• Health & safety issues
Lots 4–6
• Provision of all advice and representation in respect of procurement, contractual & dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation
II.1.6)
Information about lots
This contract is divided into lots:
yes
II.1.7)
Total value of the procurement
Value excluding VAT:
8000000.00
EUR
II.2)
Description
II.2.1)
Title
Lot 1 (Phases 0-4)
Lot No:
1
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79130000
-
Legal documentation and certification 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
Lot 1 - phases 0-4 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo
II.2.5)
Award criteria
Criteria below
Price
II.2.11)
Information about options
Options:
yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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
Tenderers will need to register on the etenders
government website to download the tender documents
government website to download the tender documents
II.2)
Description
II.2.1)
Title
Lot 2 (Phases 0-4)
Lot No:
2
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79130000
-
Legal documentation and certification 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
Lot 2 - phases 0-4 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.
II.2.5)
Award criteria
Criteria below
Price
II.2.11)
Information about options
Options:
yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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
Tenderers will need to register on the etenders
government website to download the tender documents
government website to download the tender documents
II.2)
Description
II.2.1)
Title
Lot 3 (Phases 0-4)
Lot No:
3
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79130000
-
Legal documentation and certification 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
Lot 3 - phases 0-4 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath,
II.2.5)
Award criteria
Criteria below
Price
II.2.11)
Information about options
Options:
yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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
Tenderers will need to register on the etenders
government website to download the tender documents
government website to download the tender documents
II.2)
Description
II.2.1)
Title
Lot 4 (Phases 5-7)
Lot No:
4
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79130000
-
Legal documentation and certification 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
Lot 4 - phases 5-7 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo
II.2.5)
Award criteria
Criteria below
Price
II.2.11)
Information about options
Options:
yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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
Tenderers will need to register on the etenders
government website to download the tender documents
government website to download the tender documents
II.2)
Description
II.2.1)
Title
Lot 5 (Phases 5-7)
Lot No:
5
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79130000
-
Legal documentation and certification 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
Lot 5 - phases 5-7 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.
II.2.5)
Award criteria
Criteria below
Price
II.2.11)
Information about options
Options:
yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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
Tenderers will need to register on the etenders
government website to download the tender documents
government website to download the tender documents
II.2)
Description
II.2.1)
Title
Lot 6 (Phases 5-7)
Lot No:
6
II.2.2)
Additional CPV code(s)
79110000
-
Legal advisory and representation services
79130000
-
Legal documentation and certification 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
Lot 6 - phases 5-7 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath,
II.2.5)
Award criteria
Criteria below
Price
II.2.11)
Information about options
Options:
yes
Description of options:
The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.
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
Tenderers will need to register on the etenders
government website to download the tender documents
government website to download the tender documents
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: 2018/S 142-324754
Section V: Award of contract
Contract No: 1
Lot No: 1
Title: Lot 1 (Phases 0-4)
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
10/12/2018
V.2.2)
Information about tenders
Number of tenders received:
14
The contract has been awarded to a group of economic operators
:
yesV.2.3)
Name and address of the contractor
Byrne Wallace
88 Harcourt Street, Dublin 2, D02 DK18
Dublin
IE
The contractor is an SME : yes
Mason Hayes & Curran
South Bank House, Barrow Street, Dublin 4, D04 TR29
Dublin
IE
The contractor is an SME : yes
Comyn Kelleher Tobin
2 George’s Quay, Cork, T12 TR2A
Cork
IE
The contractor is an SME : yes
Eversheds Sutherland
One Earlsfort Centre, Earlsfort Terrace, Dublin 2
Dublin
IE
The contractor is an SME : yes
Michael Houlihan & Partners
9-11 Bindon Street, Ennis, Co. Clare
Ennis
IE
The contractor is an SME : yes
McCann FitzGerald
Riverside One, 37 - 42 Sir John Rogerson's Quay, Dublin
Dublin
IE
The contractor is an SME : no
VP McMullin, Solicitors
Donegal Street, Ballybofey, Co. Donegal
Ballybofey
IE
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
8000000.00
EUR
Section V: Award of contract
Contract No: 2
Lot No: 2
Title: Lot 2 (Phases 0-4)
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
10/12/2018
V.2.2)
Information about tenders
Number of tenders received:
14
The contract has been awarded to a group of economic operators
:
yesV.2.3)
Name and address of the contractor
Byrne Wallace
88 Harcourt Street, Dublin 2, D02 DK18
Dublin
IE
The contractor is an SME : no
Mason Hayes & Curran
South Bank House, Barrow Street, Dublin 4, D04 TR29
Dublin
IE
The contractor is an SME : no
Comyn Kelleher Tobin
2 George’s Quay, Cork, T12 TR2A
Cork
IE
The contractor is an SME : no
Eversheds Sutherland
One Earlsfort Centre, Earlsfort Terrace, Dublin 2
Dublin
IE
The contractor is an SME : no
Michael Houlihan & Partners
9-11 Bindon Street, Ennis, Co. Clare
Ennis
IE
The contractor is an SME : yes
McCann FitzGerald
Riverside One, 37 - 42 Sir John Rogerson's Quay, Dublin
Dublin
IE
The contractor is an SME : no
Regan McEntee
High Street, Trim, Co Meath.
Trim
IE
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
8000000.00
EUR
Section V: Award of contract
Contract No: 3
Title: Lot 3 (Phases 0-4)
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
10/12/2018
V.2.2)
Information about tenders
Number of tenders received:
14
The contract has been awarded to a group of economic operators
:
yesV.2.3)
Name and address of the contractor
Byrne Wallace
88 Harcourt Street, Dublin 2, D02 DK18
Dublin
IE
The contractor is an SME : yes
Mason Hayes & Curran
South Bank House, Barrow Street, Dublin 4, D04 TR29
Dublin
IE
The contractor is an SME : yes
Comyn Kelleher Tobin
2 George’s Quay, Cork, T12 TR2A
Cork
IE
The contractor is an SME : yes
Eversheds Sutherland
One Earlsfort Centre, Earlsfort Terrace, Dublin 2
Dublin
IE
The contractor is an SME : yes
Michael Houlihan & Partners
9-11 Bindon Street, Ennis, Co. Clare
Ennis
IE
The contractor is an SME : yes
VP McMullin, Solicitors
Donegal Street, Ballybofey, Co. Donegal
Ballybofey
IE
The contractor is an SME : yes
Regan McEntee & Partners
High Street, Trim, Co Meath.
Trim
IE
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
8000000.00
EUR
Section V: Award of contract
Contract No: 4
Lot No: 4
Title: Lot 4 (Phases 5-7)
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
10/12/2018
V.2.2)
Information about tenders
Number of tenders received:
14
The contract has been awarded to a group of economic operators
:
yesV.2.3)
Name and address of the contractor
Byrne Wallace
88 Harcourt Street, Dublin 2, D02 DK18
Dublin
IE
The contractor is an SME : no
Michael Houlihan & Partners
9-11 Bindon Street, Ennis, Co. Clare
Ennis
IE
The contractor is an SME : yes
Comyn Kelleher Tobin
2 George’s Quay, Cork, T12 TR2A
Cork
IE
The contractor is an SME : yes
Philip Lee
7/8 Wilton Terrace, Dublin 2, D02 KC57
Dublin
IE
The contractor is an SME : yes
Ronan Daly Jermyn
2 Park Place, City Gate, Mahon, Cork
Mahon
IE
The contractor is an SME : yes
Smyth & Son Solicitors
Rope Walk, Drogheda, Co Louth
Drogheda
IE
The contractor is an SME : yes
Quigg Golden
31 Waterloo Road, Ballsbridge, Dublin
Dublin
IE
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
8000000.00
EUR
Section V: Award of contract
Contract No: 5
Lot No: 5
Title: Lot 5 (Phases 5-7)
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
10/12/2018
V.2.2)
Information about tenders
Number of tenders received:
14
The contract has been awarded to a group of economic operators
:
yesV.2.3)
Name and address of the contractor
Byrne Wallace
88 Harcourt Street, Dublin 2, D02 DK18
Dublin
IE
The contractor is an SME : yes
Michael Houlihan & Partners
South Bank House9-11 Bindon Street, Ennis, Co. Clare, Barrow Street, Dublin 4, D04 TR29
Ennis
IE
The contractor is an SME : yes
Comyn Kelleher Tobin
2 George’s Quay, Cork, T12 TR2A
Cork
IE
The contractor is an SME : yes
Philip Lee
7/8 Wilton Terrace, Dublin 2, D02 KC57
Dublin
IE
The contractor is an SME : yes
Ronan Daly Jermyn
2 Park Place, City Gate, Mahon, Cork
Mahon
IE
The contractor is an SME : yes
Smyth & Son Solicitors
Rope Walk, Drogheda, Co Louth
Drogheda
IE
The contractor is an SME : yes
Quigg Golden
31 Waterloo Road, Ballsbridge, Dublin
Dublin
IE
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
8000000.00
EUR
Section V: Award of contract
Contract No: 6
Lot No: 6
Title: Lot 6 (Phases 5-7)
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
10/12/2018
V.2.2)
Information about tenders
Number of tenders received:
14
The contract has been awarded to a group of economic operators
:
yesV.2.3)
Name and address of the contractor
Byrne Wallace
88 Harcourt Street, Dublin 2, D02 DK18
Dublin
IE
The contractor is an SME : yes
Michael Houlihan & Partners
9-11 Bindon Street, Ennis, Co. Clare
Ennis
IE
The contractor is an SME : yes
Comyn Kelleher Tobin
2 George’s Quay, Cork, T12 TR2A
Cork
IE
The contractor is an SME : yes
Philip Lee
7/8 Wilton Terrace, Dublin 2, D02 KC57
Dublin
IE
The contractor is an SME : yes
Ronan Daly Jermyn
2 Park Place, City Gate, Mahon, Cork
Mahon
IE
The contractor is an SME : yes
Smyth & Son Solicitors
Rope Walk, Drogheda, Co Louth
Drogheda
IE
The contractor is an SME : yes
Quigg Golden
31 Waterloo Road, Ballsbridge, Dublin
Dublin
D4
IE
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
8000000.00
EUR
Section VI: Complementary information
VI.3)
Additional information
The "42" stated in IV.1.3 refers to the maximum number of participants which is 7 tenderers by 6 lots. For each lot, the tenders will be ranked from highest to lowest number of marks. The top 7 ranked tenders in each lot will be appointed to the Framework Agreement for that lot (provided there are sufficient suitable tenders; the Authority reserves the right to appoint less than 7 tenderers to any lot where less than 7 suitable tenders have been received). TII will not be liable for any participant’s costs arising in connection with participating in the competition, irrespective of the outcome of the competition, or if the competition is cancelled or postponed.
- TII has the right at any time and without notice to:
(i) terminate the competition (or part of it);
(ii) change the competition’s basis or procedures;
(iii) procure the framework by other means,
(iv) negotiate with one or more parties at any time;
(v) reject any, or all, of the applications/tenders;
(vi) not furnish a candidate or tenderer with additional information
or to do any combination of the foregoing or anything else deemed appropriate. In no instance will TII be required to give any reason for any alteration or termination of the process.
- If any past or future frameworks or other documents are summarised or described in this document, or in other information given to Candidates, the summary or description must not be taken as comprehensive, or as a substitute for reading the framework or other document itself when it becomes available.
- Award of framework will be subject to the approval of TII.
- Award of framework may be subject to successful interview.
- Interested parties are advised that TII is subject to the Freedom of Information Act 2014 (together with other legislation governing access to information). If a candidate/tenderer considers that any information supplied as part of this procurement procedure should not be disclosed because of its commercial sensitivity, confidentiality or otherwise, they must, when providing this information, clearly identify the specific information they do not wish to be disclosed and clearly specify the reasons for its sensitivity. Please note, it is not sufficient to include a statement of confidentiality encompassing all the information provided in the response.
- An RFT and an ESPD are available on the etenders Website at http://www.etenders.gov.ie. Interested parties wishing to participate should ensure that the RFT and the ESPD are completed and returned in accordance with the requirements set out in the RFT document.
- TII has the right at any time and without notice to:
(i) terminate the competition (or part of it);
(ii) change the competition’s basis or procedures;
(iii) procure the framework by other means,
(iv) negotiate with one or more parties at any time;
(v) reject any, or all, of the applications/tenders;
(vi) not furnish a candidate or tenderer with additional information
or to do any combination of the foregoing or anything else deemed appropriate. In no instance will TII be required to give any reason for any alteration or termination of the process.
- If any past or future frameworks or other documents are summarised or described in this document, or in other information given to Candidates, the summary or description must not be taken as comprehensive, or as a substitute for reading the framework or other document itself when it becomes available.
- Award of framework will be subject to the approval of TII.
- Award of framework may be subject to successful interview.
- Interested parties are advised that TII is subject to the Freedom of Information Act 2014 (together with other legislation governing access to information). If a candidate/tenderer considers that any information supplied as part of this procurement procedure should not be disclosed because of its commercial sensitivity, confidentiality or otherwise, they must, when providing this information, clearly identify the specific information they do not wish to be disclosed and clearly specify the reasons for its sensitivity. Please note, it is not sufficient to include a statement of confidentiality encompassing all the information provided in the response.
- An RFT and an ESPD are available on the etenders Website at http://www.etenders.gov.ie. Interested parties wishing to participate should ensure that the RFT and the ESPD are completed and returned in accordance with the requirements set out in the RFT document.
VI.4)
Procedures for review
VI.4.1)
Review body
High Court of Ireland
Four Courts, Inns Quay,
Dublin
D7
IE
Telephone:
+353 18886087
E-mail:
highcourtcentraloffice@courts.ie
Internet address:
www.courts.ie