ETENDERS

Contract award notice

Information

Published

Date of dispatch of this notice: 30/10/2020

External Reference: 2020-260652

TED Reference: 2020/S 215-526171

Contract award notice

Contract award notice

Results of the procurement procedure

Directive 2014/24/EU

Section I: Contracting authority

I.1)

Name and addresses

Dublin City Council
N/A
Civic Offices, Wood Quay
Dublin 8
Dublin
IE
Contact person: Peter Mulvihill
Telephone: +353 2226430
E-mail: peter.mulvihill@dublincity.ie
Internet address(es):
Main address: http://www.dublincity.ie/
Address of the buyer profile: https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/267

I.4)

Type of the contracting authority

Regional or local authority
I.5)

Main activity

General public services

Section II: Object

II.1)

Scope of the procurement

II.1.1)

Title

Multi Party Framework For Boiler Replacement Programme 2020 - 2024
Reference number:  DCC Boiler Replacement Programme
II.1.2)

Main CPV code

45331110  -  Boiler installation work
II.1.3)

Type of contract

Works
II.1.4)

Short description

Dublin City Council (DCC) was seeking to establish a Multi-Party Framework Agreement for the procurement of works contractors for the Boiler Replacement Programme in Dublin City Councils housing units in the Dublin City Council Areas marked out as Lots 1 to 3. Subject to there being sufficient responses it was envisaged that Lot 1 & 2 will each consist of 6No. successful contractors respectively while Lot 3 will consist of 10No. successful contractors. Tenderers could apply for inclusion in Lot 1 and Lot 3 or Lot 2 and Lot 3 but could not apply for inclusion in Lot 1 and Lot 2.
II.1.6)

Information about lots

This contract is divided into lots: yes
II.2)

Description

II.2.1)

Title

Northside
Lot No:  1
II.2.2)

Additional CPV code(s)

42160000  -  Boiler installations
44620000  -  Central-heating radiators and boilers and parts
44621200  -  Boilers
II.2.3)

Place of performance

Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

Dublin City Council (DCC) was seeking to establish a Multi-Party Framework Agreement for the procurement of works contractors for the Boiler Replacement Programme in Dublin City Councils housing units in the Dublin City Council Areas marked out as Lots 1 to 3. Subject to there being sufficient responses it was envisaged that Lot 1 & 2 will each consist of 6No. successful contractors respectively while Lot 3 will consist of 10No. successful contractors. Tenderers could apply for inclusion in Lot 1 and Lot 3 or Lot 2 and Lot 3 but may not apply for inclusion in Lot 1 and Lot 2.
II.2.5)

Award criteria

Criteria below
Price
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

Dublin City Council has taken the decision to terminate this procurement, without proceeding to enter into any contract for any of the three lots. The procurement has been subject to a legal challenge, which raises a number of issues and risks.

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: 2020/S 078-183393
IV.2.9)

Information about termination of call for competition in the form of a prior information notice

The contracting authority will not award any further contracts based on the above prior information notice

Section V: Award of contract

Contract No: 1

Title: Lot 1 - North City Dublin

A contract/lot is awarded: no
V.1)

Information on non-award

The contract/lot is not awarded
Other reasons (discontinuation of procedure)

Section V: Award of contract

Contract No: 2

Title: Lot 2 - South City Dublin

A contract/lot is awarded: no
V.1)

Information on non-award

The contract/lot is not awarded
Other reasons (discontinuation of procedure)

Section V: Award of contract

Contract No: 3

Title: Lot 3 - Citywide Complexes/Grouped Upgrades

A contract/lot is awarded: no
V.1)

Information on non-award

The contract/lot is not awarded
Other reasons (discontinuation of procedure)

Section VI: Complementary information

VI.3)

Additional information

Dublin City Council has taken the decision to terminate this procurement, without proceeding to enter into any contract for any of the three lots.
The procurement has been subject to a legal challenge, which raises a number of issues and risks. After taking legal advice, the Council does not consider that it has breached any of the relevant procurement rules, and is advised that some of the claims made against it are fundamentally misconceived. Nevertheless, the Council is aware that litigation of this sort can be expensive, protracted and inherently uncertain in terms of outcome. The Council has carefully considered the overall position and has come to the view that, in the circumstances, the termination of the procurement is the most appropriate action. The Council will consider carefully how best to meet its future needs for the type of works which were the subject of this procurement. This may involve publishing a new call for tenders at some future stage
VI.4)

Procedures for review

VI.4.1)

Review body

The High Court
Chief Registrar, High Court, Inns Quay
Dublin
Dublin 7
IE
Telephone: +353 18886000
E-mail: HighCourtCentralOffice@courts.ie

VI.4.2)

Body responsible for mediation procedures

TBC
Dublin
IE

VI.4.3)

Review procedure

Precise information on deadline(s) for review procedures: 
The framework agreement is covered by the application of the Remedies Directive and the relevant standstill period applied at time of notification.
VI.4.4)

Service from which information about the review procedure may be obtained

Please contact your Solicitor
Dublin
IE