Legal services - 6 framework agreements

Kilkenny County Council

Kilkenny local authorities (Kilkenny County Council and Kilkenny Borough Council) requires legal services in respect of the full range of its core and non-core services. The intention is to establish framework agreements for legal services categories as follows:
— Property based services,
— Code enforcement,
— Financial recovery,
— General local government legal advisory services,
— Employment law,
— Public procurement.
These services are required from time to time based on the normal day to day operations of Kilkenny local authorities. The demand for these services will be influenced by central government policy decisions and funding allocations in areas such as roads development, house purchases, and water services.
Note: to register your interest in this notice and obtain any additional information please visit the eTenders web site at http://www.etenders.gov.ie/Search/Search_Switch.aspx?ID=297553.

Deadline

The time limit for receipt of tenders was 2011-10-19. The procurement was published on 2011-09-19.

Suppliers

The following suppliers are mentioned in award decisions or other procurement documents:

Who? What? Where?
Procurement history
Date Document
2011-09-19 Contract notice
2012-08-14 Contract award notice
Contract notice (2011-09-19)
Object
Scope of the procurement
Title: legal services
Quantity or scope:
The estimated spend on legal services is in the region of 450 000 EUR per year with an approximate breakdown on the basis of each Lot as follows:Lot 1 Property Based services - 160 000 EUR per year.Lot 2 Code Enforcement - 210 000 EUR per year.Lot 3 Financial Recovery - 10 000 per year.Lot 4 Logal Government Advisory Services - 10 000 EUR per year.Lot 5 Employment Law - 10 000 EUR per year.Lot 6 Public Procurement - 20 000 EUR per year.Candidates should note that these figures are supplied for indicative purposes only as there is no guaranteed expenditure under the framework agreements. Similarly, as requirements for legal services may vary from year to year, the figures provided above should not be interpreted as a guarantee on the expenditure proportion of each lot.The duration of each framework agreement will be for an initial period of 2 years. At an appropriate juncture, the operation of the Frameworks will be reviewed and the Contracting Authority reserves the right to extend the term of the frameworks for a further period of 2 years or to discontinue the frameworks. For the avoidance of doubt, it should be stated that the period for delivery of any subsequent contracts entered into under each framework may extend beyond the date of expiry of that framework.
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Total value of the procurement: 1 320 000 💰
Notice metadata
Original language: English 🗣️
Document type: Contract notice
Nature of contract: Services
Regulation: European Union
Common procurement vocabulary (CPV)
Code: Legal services 📦

Procedure
Procedure type: Restricted procedure
Type of bid: Submission for all lots
Award criteria
The most economic tender

Contracting authority
Identity
Country: Ireland 🇮🇪
Awarding authority type: Regional or local authority
Awarding authority name: Kilkenny County Council
Postal address: County Hall, John Street
Postal town: Kilkenny
Contact
Internet address: http://www.kilkennycoco.ie 🌏
E-mail: info@kilkennycoco.ie 📧
Phone: +353 567794000 📞
Fax: +353 567794004 📠

Reference
Dates
Date dispatched: 2011-09-19 📅
Submission deadline: 2011-10-19 📅
Publication date: 2011-09-21 📅
Identifiers
Notice number: 2011/S 181-295623
OJ-S issue: 181
Additional information
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) This is the sole call for competition for this service. 3) The Contracting Authority will not be responsible for any costs, charges or expenses incurred by candidates, participants or tenderers. 4) Establishment of the frameworks will be subject to the approval of the competent authorities. 5) At its absolute discretion, the Contracting Authority may elect to terminate this procurement process, the framework agreements or any contract awarded under the framework agreements at any time. 6)In respect of the Frameworks where one firm only is to be admitted, that is framework 3 financial recovery, framework 5 employment law and framework 6 public procurement, the following provision will apply – The top scoring tenderer under each of these frameworks will be appointed to that framework. If for any reason following the conclusion of this competitive process, it is not possible to admit the invited tenderer to a given framework, the Contracting Authority reserves the right to invite the next highest scoring tenderer to be admitted to that framework, as appropriate. This provision 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. In respect of the frameworks where three firms are to be admitted, that is framework 1 property based services, framework 2 code enforcement and framework 4 general local government legal advisory services, the following provision will apply –. The three top scoring tenderers under each of these frameworks will be appointed to that framework. If for any reason following the conclusion of this competitive process, it is not possible to admit the invited tenderer(s) to a given framework, the Contracting Authority reserves the right to invite the next highest scoring tenderer(s) to be admitted to that framework, as appropriate. This provision 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. 7)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 at the application stage. The Purchasing Authority is acting on behalf of the following organisations: Kilkenny Borough Council. The Purchasing Authority is acting on behalf of the following organisations: Kilkenny Borough Council will also be a party to this contract. (ET Ref:297553).
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Object
Scope of the procurement
Short description:
Kilkenny local authorities (Kilkenny County Council and Kilkenny Borough Council) requires legal services in respect of the full range of its core and non-core services. The intention is to establish framework agreements for legal services categories as follows:
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— Property based services,
— Code enforcement,
— Financial recovery,
— General local government legal advisory services,
— Employment law,
— Public procurement.
These services are required from time to time based on the normal day to day operations of Kilkenny local authorities. The demand for these services will be influenced by central government policy decisions and funding allocations in areas such as roads development, house purchases, and water services.
Show more
Note: to register your interest in this notice and obtain any additional information please visit the eTenders web site at http://www.etenders.gov.ie/Search/Search_Switch.aspx?ID=297553.
Lot number: 1
Title of the lot: Property based services
Short description:
This framework comprises the provision of legal advice and services relating to: the buying /selling /letting /mortgaging of residential /commercial property as well as all land acquisition (except land acquisition in respect of the M8 and M9 motorway…
… schemes).Litigation and representation is also within this framework.
… schemes).
Litigation and representation is also within this framework.
Quantity or scope: The duration of each framework agreement will be for an initial period of 2 years. Before the expiry of year 2, the operation of the Frameworks will be reviewed and the Contracting Authority reserves the right to extend the term of the frameworks for a further period of 2 years or to discontinue the frameworks. For the avoidance of doubt, it should be stated that the period for delivery of any subsequent contracts entered into under each framework may extend beyond the date of expiry of that framework.
Duration: 48 months
Additional information about the lots: It is envisaged that three firms will be admitted to this framework.
Lot number: 2
Title of the lot: Code enforcement
Short description:
This framework comprises the provision of legal advice and services relating to: the enforcement of various regulatory codes under EU Directives, primary and secondary legislation. The recovery of Penalty Fines for parking, litter, hedges and other areas associated with the above areas of Code Enforcement is also included in this…
… framework.Litigation and representation is also included within this framework.
… framework.
Litigation and representation is also included within this framework.
Quantity or scope: The duration of each framework agreement will be for an initial period of 2 years. Before the expiry of Year 2, the operation of the frameworks will be reviewed and the Contracting Authority reserves the right to extend the term of the frameworks for a further period of 2 years or to discontinue the frameworks. For the avoidance of doubt, it should be stated that the period for delivery of any subsequent contracts entered into under each framework may extend beyond the date of expiry of that framework.
Lot number: 3
Title of the lot: Financial recovery
Short description:
This framework comprises the provision of legal advice and services relating to Debt Recovery, including rent, water charges, development levies and commercial…
… rates.Litigation and representation is also included within this framework.
… rates.
Quantity or scope: The duration of each framework agreement will be for an initial period of 2 years. Before the expiry of Year 2, the operation of the Frameworks will be reviewed and the Contracting Authority reserves the right to extend the term of the frameworks for a further period of 2 years or to discontinue the frameworks. For the avoidance of doubt, it should be stated that the period for delivery of any subsequent contracts entered into under each framework may extend beyond the date of expiry of that framework.
Additional information about the lots: It is envisaged that one firm only will be admitted to this Framework.
Lot number: 4
Title of the lot: General local government legal advisory services
Short description:
This framework comprises the provision of general legal advice and services relating to the various service areas of Kilkenny local authorities as and when…
… required.Examples include:— Opinion on freedom of information matters – as set out in the Freedom of Information Acts 1997 and 2003,— Opinion on aspects of planning or environmental legislation,— Review of capital works contracts for housing, roads, environment etc and,— Review of commercial contracts.Litigation and representation is also included within this framework.Candidates are advised that the following specific legal services are excluded from this framework:— Opinion on criminal prosecution and prosecution of Kilkenny Local Authorities or its employees in terms of the Non Fatal Offences against the Person Act 1997, or by Health & Safety Authority or the Environmental Protection Agency and others.
… required.
Examples include:
— Opinion on freedom of information matters – as set out in the Freedom of Information Acts 1997 and 2003,
— Opinion on aspects of planning or environmental legislation,
— Review of capital works contracts for housing, roads, environment etc and,
— Review of commercial contracts.
Candidates are advised that the following specific legal services are excluded from this framework:
— Opinion on criminal prosecution and prosecution of Kilkenny Local Authorities or its employees in terms of the Non Fatal Offences against the Person Act 1997, or by Health & Safety Authority or the Environmental Protection Agency and others.
Lot number: 5
Title of the lot: Employment law
Short description:
This framework comprises the provision of legal advice and services relating…
… to:— Recruitment and selection,— Contracts of employment/ contracts for services,— Disciplinary and grievance procedures, dignity in the workplace,— Acquired rights/transfer of undertakings,— Pensions and,— Human resource due diligence including terms and conditions of employment.Litigation and representation is also included within this framework.
… to:
— Recruitment and selection,
— Contracts of employment/ contracts for services,
— Disciplinary and grievance procedures, dignity in the workplace,
— Acquired rights/transfer of undertakings,
— Pensions and,
— Human resource due diligence including terms and conditions of employment.
Additional information about the lots: It is envisaged that one firm only will be admitted to this framework.
Lot number: 6
Title of the lot: Public procurement
Short description:
This framework comprises the provision of legal advice and services relating to:— Kilkenny local authorities works procurements,— Kilkenny local authorities supplies & services procurements,— Opinion on national procurement law and EU procurement directives and,— Opinion on selection/award criteria and challenges to Kilkenny local authorities procurements.Litigation and representation is also included within this framework.
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— Kilkenny local authorities works procurements,
— Kilkenny local authorities supplies & services procurements,
— Opinion on national procurement law and EU procurement directives and,
— Opinion on selection/award criteria and challenges to Kilkenny local authorities procurements.
Quantity or scope:
The estimated spend on legal services is in the region of 450 000 EUR per year with an approximate breakdown on the basis of each Lot as follows:
Lot 1 Property Based services - 160 000 EUR per year.
Lot 2 Code Enforcement - 210 000 EUR per year.
Lot 3 Financial Recovery - 10 000 per year.
Lot 4 Logal Government Advisory Services - 10 000 EUR per year.
Lot 5 Employment Law - 10 000 EUR per year.
Lot 6 Public Procurement - 20 000 EUR per year.
Candidates should note that these figures are supplied for indicative purposes only as there is no guaranteed expenditure under the framework agreements. Similarly, as requirements for legal services may vary from year to year, the figures provided above should not be interpreted as a guarantee on the expenditure proportion of each lot.
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The duration of each framework agreement will be for an initial period of 2 years. At an appropriate juncture, the operation of the Frameworks will be reviewed and the Contracting Authority reserves the right to extend the term of the frameworks for a further period of 2 years or to discontinue the frameworks. For the avoidance of doubt, it should be stated that the period for delivery of any subsequent contracts entered into under each framework may extend beyond the date of expiry of that framework.
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Place of performance
Main site or place of performance: Kilkenny.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity:
As stated in qualification questionnaire available for downloading from the Irish Government's procurement website www.etenders.gov.ie.
Economic and financial standing:
As stated in qualification questionnaire available for downloading from the Irish Government's procurement website www.etenders.gov.ie.
Technical and professional ability:
As stated in qualification questionnaire available for downloading from the Irish Government's procurement website www.etenders.gov.ie.
Contract execution
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Payment on receipt of invoices quoting valid Kilkenny local authorities purchase order number.
Legal form to be taken by the group of economic operators to whom the contract is to be awarded: Single legal entity(ies).
Execution of the service is reserved to a particular profession:
All the human resources listed in section B1 manpower must hold a current and valid practicing certificate issued by the Law Society of Ireland in accordance with the Solicitors Act 1954, or equivalent.
Names and professional qualifications of the staff ✅

Procedure
Maximum number of operators of the framework agreement: 3
Duration of the framework agreement in years: 4
Minimum number of candidates: 5
Maximum number of candidates: 8
Objective criteria for selection:
As stated in qualification questionnaire available for downloading from the Irish Government's procurement website www.etenders.gov.ie.
Date of dispatch of invitations: 2011-10-28 📅
Languages
Language: English 🗣️

Contracting authority
Contact
Contact point: Corporate Services
Director of Services
Address of the buyer profile: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA01567 🌏
Name: Kilkenny County Council
Contact point: Michael Delahunty
Phone: +353 567794011 📞
E-mail: michael.delahunty@kilkennycoco.ie 📧
URL for further information: http://www.kilkennycoco.ie 🌏
Name: eTenders website
Postal address: Dublin
Postal town: Dublin
Contact point: eTenders
Phone: +353 16177944 📞
E-mail: info@etenders.gov.ie 📧
URL for documents: http://www.etenders.gov.ie 🌏
Contact point: Corporate Services - 2nd Floor
E-mail: hugh.hunter@kilkennycoco.ie 📧
URL for participation: http://www.kilkennycoco.ie 🌏

Reference
Additional information
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
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2) This is the sole call for competition for this service.
3) The Contracting Authority will not be responsible for any costs, charges or expenses incurred by candidates, participants or tenderers.
4) Establishment of the frameworks will be subject to the approval of the competent authorities.
5) At its absolute discretion, the Contracting Authority may elect to terminate this procurement process, the framework agreements or any contract awarded under the framework agreements at any time.
6)In respect of the Frameworks where one firm only is to be admitted, that is framework 3 financial recovery, framework 5 employment law and framework 6 public procurement, the following provision will apply –
The top scoring tenderer under each of these frameworks will be appointed to that framework. If for any reason following the conclusion of this competitive process, it is not possible to admit the invited tenderer to a given framework, the Contracting Authority reserves the right to invite the next highest scoring tenderer to be admitted to that framework, as appropriate. This provision 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.
Show more
In respect of the frameworks where three firms are to be admitted, that is framework 1 property based services, framework 2 code enforcement and framework 4 general local government legal advisory services, the following provision will apply –.
The three top scoring tenderers under each of these frameworks will be appointed to that framework. If for any reason following the conclusion of this competitive process, it is not possible to admit the invited tenderer(s) to a given framework, the Contracting Authority reserves the right to invite the next highest scoring tenderer(s) to be admitted to that framework, as appropriate. This provision 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.
Show more
7)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 at the application stage.
Show more
The Purchasing Authority is acting on behalf of the following organisations:
Kilkenny Borough Council.
Kilkenny Borough Council will also be a party to this contract.
(ET Ref:297553).

Complementary information
Review body
Name: High Court
Postal address: Chief Registrar, Four Courts
Postal town: Dublin 7
Country: Ireland 🇮🇪
Internet address: www.courts.ie 🌏
Source: OJS 2011/S 181-295623 (2011-09-19)
Contract award notice (2012-08-14)
Object
Notice metadata
Document type: Contract award notice

Procedure
Type of bid: Not applicable

Reference
Dates
Date dispatched: 2012-08-14 📅
Publication date: 2012-08-17 📅
Identifiers
Notice number: 2012/S 157-261996
Refers to notice: 2011/S 181-295623
OJ-S issue: 157
Additional information
(ET Ref:480372).

Procedure
Award criteria
Criterion: 1. Methodology (30)
2. Delivery timeline (10)
3. Account management (10)
4. Ultimate cost (50)

Award of contract

1️⃣
Date of contract conclusion: 2012-05-22 📅
Name: James Harte & Son
Postal address: 39 Parliament Street, Kilkenny
Postal town: Kilkenny
Country: Ireland 🇮🇪

2️⃣
Name: Philip Lee Solicitors
Postal address: 7/8 Wilton Terrace
Postal town: Dublin
Postal code: D2
Internet address: www.philiplee.ie 🌏

3️⃣
Name: Lavelle Coleman
Postal address: 20 On Hatch, Lower Hatch Street
Postal code: Dublin 2

4️⃣
Postal address: 39 Parliament Street

5️⃣
Name: M J O'connor
Postal address: Drinagh
Postal town: Wexford
Internet address: www.mjoc.ie 🌏

6️⃣

7️⃣
Name: Peter O'connor & Son
Postal address: Wyse House, Adelphi Quay
Postal town: Waterford

8️⃣

9️⃣
Name: Nj Downes & Co. Solicitors
Postal address: Dominick Street, Co. Westmeath
Postal town: Mullingar

1️⃣0️⃣

1️⃣1️⃣

1️⃣2️⃣
Information about tenders
Number of tenders received: 4
3

Contracting authority
Identity
Awarding authority name: Kilkenny Borough Council

Complementary information
Review body
Name: High Court of Ireland
Postal address: High Court Central Office, Four Courts Inns Quay
Postal town: Dublin
Postal code: 7
E-mail: highcourtcentraloffice@courts.ie 📧
Phone: +353 18886000 📞
Fax: +353 18886125 📠
Source: OJS 2012/S 157-261996 (2012-08-14)
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