3 Multi-Party Framework Agreements for Legal Services

Enterprise Ireland

Enterprise Ireland wishes to establish a Three (3) framework agreements for the provision of legal services.
Enterprise Irelands requirements have been divided into a number of Lots as follows:
Lot 1 – Legal Services relating to Strategic Investments by EI.
Outsource to dedicated people within the commercial department of a legal firm or firms, the legal work associated with:
(i) The completion of investments by Enterprise Ireland using agreed template Agreements (circa150 investments per year);
(ii) The completion of investments where Enterprise Ireland is co-investing with other financial institutions (circa 40 co-investments per year);
(iii) The provision of EI consent under existing shareholder agreements (eg. consent to sale of shares by existing shareholders, re-structuring of the Company, change to M & A’s, further issue of shares etc) (circa 75 consent matters per year);
(iv) Selling Enterprise Ireland’s shares in a company as part of an asset sale or entire sale of the company (circa 20 sales per year);
(v) The services of a Qualified Solicitor within the Commercial Department of the legal firm for the purposes of providing up to four training sessions (three hours maximum) per year (if required by EI). The training session will be in connection with equity related matters and the final topic will be agreed between the successful tenderer and EI. Over the life of the framework agreement this training requirement may increase or decrease as may the other services.
Lot 2 – General Services - Legal advice including advice on Intellectual Property, Patents, Debt Collection and Litigation (not including advice on the matters set out in Lots 1 and 3).
Lot 3 – Employment Law - General advice on employment law relating to Enterprise Ireland’s overseas offices and ability to recommend reliable employment law advisers in those overseas jurisdictions. In addition the requirement also includes general advice on Irish employment law. Issues on which we may require advice from overseas employment lawyers include.
(a) Fixed term contracts;
(b) Redundancy and termination of contracts;
(c) Extension of existing contracts;
(d) The opening of an office in a new jurisdiction;
(e) Other personnel issues and claims arising from employment contracts.
Candidates may apply for one, several or all Lots, and must clearly indicate on the Questionnaire which Lot(s) they wish to be considered for.
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=386932.

Deadline

The time limit for receipt of tenders was 2012-03-26. The procurement was published on 2012-03-02.

Who? What? Where?
Procurement history
Date Document
2012-03-02 Contract notice
Contract notice (2012-03-02)
Object
Scope of the procurement
Title: legal advisory services
Quantity or scope:
See information contained in the various lots and as contained in the qualification questionnaire.400 0005 000 000
Notice metadata
Original language: English 🗣️
Document type: Contract notice
Nature of contract: Services
Regulation: European Union
Common procurement vocabulary (CPV)
Code: Legal advisory services 📦

Procedure
Procedure type: Negotiated procedure
Type of bid: Submission for one or more lots
Award criteria
The most economic tender

Contracting authority
Identity
Country: Ireland 🇮🇪
Awarding authority type: Body governed by public law
Awarding authority name: Enterprise Ireland
Postal address: The Plaza, East Point Business Park
Postal town: Dublin 3
Contact
Internet address: http://www.enterprise-ireland.com 🌏
E-mail: ann.healy@enterprise-ireland.com 📧
Phone: +353 17272000 📞

Reference
Dates
Date dispatched: 2012-03-02 📅
Submission deadline: 2012-03-26 📅
Publication date: 2012-03-06 📅
Identifiers
Notice number: 2012/S 45-073989
OJ-S issue: 45
Additional information
(1) This notice is being published on a voluntary basis in the OJEU as the framework agreement is for a service which is a non-priority service (Annex IIB) and therefore not subject to the full rigours of the public procurement directive (2004/18/EC). (2) 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. (3) This is the sole call for competition for this service. (4) The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers. (5) Establishment of the framework will be subject to the approval of the competent authorities. (6) It will be a condition of establishment that tenderers and all sub-contractors produce a valid Tax Clearance Certificate from the Irish Revenue Commissioners as part of their application for participation in the competition. (7) If for any reason it is not possible to admit to the framework agreement the tenderers invited following the conclusion of this competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate. If, following the conclusion of the competitive process, it is not possible to award the initial contract to the designated successful tenderer; or if having awarded the initial contract the contracting authority considers that the successful tenderer has not met its obligations; the contracting authority reserves the right to award the initial contract to the framework member with the next highest score on the basis of the original competition and as tendered by that party. 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. (8) 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. 9) 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. (ET Ref:386932).
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Object
Scope of the procurement
Estimated value excluding VAT: 400 000 💰
5 000 000 💰
Short description:
Enterprise Ireland wishes to establish a Three (3) framework agreements for the provision of legal services.
Enterprise Irelands requirements have been divided into a number of Lots as follows:
Lot 1 – Legal Services relating to Strategic Investments by EI.
Outsource to dedicated people within the commercial department of a legal firm or firms, the legal work associated with:
(i) The completion of investments by Enterprise Ireland using agreed template Agreements (circa150 investments per year);
(ii) The completion of investments where Enterprise Ireland is co-investing with other financial institutions (circa 40 co-investments per year);
(iii) The provision of EI consent under existing shareholder agreements (eg. consent to sale of shares by existing shareholders, re-structuring of the Company, change to M & A’s, further issue of shares etc) (circa 75 consent matters per year);
(iv) Selling Enterprise Ireland’s shares in a company as part of an asset sale or entire sale of the company (circa 20 sales per year);
(v) The services of a Qualified Solicitor within the Commercial Department of the legal firm for the purposes of providing up to four training sessions (three hours maximum) per year (if required by EI). The training session will be in connection with equity related matters and the final topic will be agreed between the successful tenderer and EI. Over the life of the framework agreement this training requirement may increase or decrease as may the other services.
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Lot 2 – General Services - Legal advice including advice on Intellectual Property, Patents, Debt Collection and Litigation (not including advice on the matters set out in Lots 1 and 3).
Lot 3 – Employment Law - General advice on employment law relating to Enterprise Ireland’s overseas offices and ability to recommend reliable employment law advisers in those overseas jurisdictions. In addition the requirement also includes general advice on Irish employment law. Issues on which we may require advice from overseas employment lawyers include.
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(a) Fixed term contracts;
(b) Redundancy and termination of contracts;
(c) Extension of existing contracts;
(d) The opening of an office in a new jurisdiction;
(e) Other personnel issues and claims arising from employment contracts.
Candidates may apply for one, several or all Lots, and must clearly indicate on the Questionnaire which Lot(s) they wish to be considered for.
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=386932.
Lot number: 1
Title of the lot: Lot 1 - Legal Services relating to Strategic Investments by EI
Short description:
Lot 1 – Legal Services relating to Strategic Investments by EI.Outsource to dedicated people within the commercial department of a legal firm or firms, the legal work associated with:-.(i) The completion of investments by Enterprise Ireland using agreed template Agreements (up to 150 investments per year);(ii) The completion of investments where Enterprise Ireland is co-investing with other financial institutions (up to 40 co-investments per year);(iii) The provision of EI consent under existing shareholder agreements (eg. consent to sale of shares by existing shareholders, re-structuring of the Company, change to M & A’s, further issue of shares etc) (up to 75 consent matters per year);(iv) Selling Enterprise Ireland’s shares in a company as part of an asset sale or entire sale of the company (up to 20 sales per year);(v) The services of a Qualified Solicitor within the Commercial Department of the legal firm for the purposes of providing up to four training sessions (three hours maximum) per year (if required by EI). The training session will be in connection with equity related matters and the final topic will be agreed between the successful tenderer and EI. Over the life of the framework agreement this training requirement may increase or decrease.
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Outsource to dedicated people within the commercial department of a legal firm or firms, the legal work associated with:-.
(i) The completion of investments by Enterprise Ireland using agreed template Agreements (up to 150 investments per year);
(ii) The completion of investments where Enterprise Ireland is co-investing with other financial institutions (up to 40 co-investments per year);
(iii) The provision of EI consent under existing shareholder agreements (eg. consent to sale of shares by existing shareholders, re-structuring of the Company, change to M & A’s, further issue of shares etc) (up to 75 consent matters per year);
(iv) Selling Enterprise Ireland’s shares in a company as part of an asset sale or entire sale of the company (up to 20 sales per year);
(v) The services of a Qualified Solicitor within the Commercial Department of the legal firm for the purposes of providing up to four training sessions (three hours maximum) per year (if required by EI). The training session will be in connection with equity related matters and the final topic will be agreed between the successful tenderer and EI. Over the life of the framework agreement this training requirement may increase or decrease.
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Quantity or scope: Details outlined above - please note no guarantee can be provided on volumes of business arising over the life of the framework agreement.
Estimated value excluding VAT: 3 000 000 💰
Duration: 72 months
Lot number: 2
Title of the lot: Lot 2 - General Legal Services
Short description:
Lot 2 – General Services.Legal advice including advice on Intellectual Property, Patents, Debt Collection and Litigation (not including conveyancing work or advice on the matters set out in Lots 1 and 3).
Lot 2 – General Services.
Legal advice including advice on Intellectual Property, Patents, Debt Collection and Litigation (not including conveyancing work or advice on the matters set out in Lots 1 and 3).
Quantity or scope: Advice for the life sciences and industrial technology areas primarily.
Estimated value excluding VAT: 20 000 💰
150 000 💰
Lot number: 3
Title of the lot: Lot 3 - Employment Law
Short description:
Lot 3 – Employment Law.General advice on Irish employment law, including the ability to recommend reliable employment law advisers in those overseas jurisdictions where Enterprise Ireland has offices.Issues on which we may require advice from overseas employment lawyers include.a. Fixed term contractsb. Redundancy and termination of contractsc. Extension of existing contractsd. The opening of an office in a new jurisdictione. Other personnel issues and claims arising from employment contracts
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Lot 3 – Employment Law.
General advice on Irish employment law, including the ability to recommend reliable employment law advisers in those overseas jurisdictions where Enterprise Ireland has offices.
Issues on which we may require advice from overseas employment lawyers include.
a. Fixed term contracts
b. Redundancy and termination of contracts
c. Extension of existing contracts
d. The opening of an office in a new jurisdiction
e. Other personnel issues and claims arising from employment contracts
Quantity or scope: Services will be required in Enterprise Ireland offices worldwide - covering 32 countries on 5 continents.
Estimated value excluding VAT: 60 000 💰
500 000 💰
Additional information about the lots:
Please note this lot requires the service provider to be able to source legal support for all of the EI offices worldwide.
Quantity or scope:
See information contained in the various lots and as contained in the qualification questionnaire.
Description of options:
The duration of the framework agreement will be 3 years, with an option to extend by periods of 1 year up to a further 3 years in all (thus the frameworks may operate for a maximum of 6 years). For the avoidance of doubt, it should be stated that the period for delivery of any subsequent contracts entered into under the framework may extend beyond the date of expiry of the framework.
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Provisional timetable for use of options: 36 months
Minimum number of possible renewals: 1
Maximum number of possible renewals: 3
Place of performance
Main site or place of performance: The Plaza, East Point Business Park, Dublin 3.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity:
As per the qualification questionnaire available to download from www.etenders.gov.ie.
Economic and financial standing:
As per the qualification questionnaire available to download from www.etenders.gov.ie.
Technical and professional ability:
As per the qualification questionnaire available to download from www.etenders.gov.ie.
Contract execution
Deposits and guarantees required: Not applicable.
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them: Will be agreed with successful framework members.
Legal form to be taken by the group of economic operators to whom the contract is to be awarded: To be agreed with the successful framework members.
Execution of the service is reserved to a particular profession:
For lots 1 and 2 candidates must be eligible to provide legal services in Ireland under the terms of the Solicitors Act, 1954 (as amended) and relevant EU law. This will also apply to the services provided to EI in Ireland in lot 3. For services provided to EIs 31 other offices worldwide service providers must meet the equivalent obligations in the country of operation.
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Names and professional qualifications of the staff ✅

Procedure
Number of operators of the framework agreement: 3
Duration of the framework agreement in years: 6
Justification for framework agreement duration over four years:
As the subject matter of the notice is a non-priority service and therefore not subject to the full provisions of Directive 2004-18-EC, Enterprise Ireland reserves the right to award longer term frameworks.
Minimum number of candidates: 5
Objective criteria for selection:
Following receipt of completed questionnaires all responses will be evaluated against the criteria, rules and weightings indicated within the questionnaires. Responses will be scored and ranked with at least the top five scoring applicants in each lot being invited to tender.
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Date of dispatch of invitations: 2012-04-13 📅
Languages
Language: English 🗣️
Irish 🗣️

Contracting authority
Contact
Contact point: Purchasing Department
Ms. Ann Healy
Address of the buyer profile: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA01534 🌏
Name: Questionnaire available to download from www.etenders.gov.ie
Questionnaire available to download from www.etenders.gov.ie.
See qualification questionnaire available from www.etenders.gov.ie
URL for participation: http://www.etenders.gov.ie 🌏

Reference
Additional information
(1) This notice is being published on a voluntary basis in the OJEU as the framework agreement is for a service which is a non-priority service (Annex IIB) and therefore not subject to the full rigours of the public procurement directive (2004/18/EC).
Show more
(2) 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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(3) This is the sole call for competition for this service.
(4) The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
(5) Establishment of the framework will be subject to the approval of the competent authorities.
(6) It will be a condition of establishment that tenderers and all sub-contractors produce a valid Tax Clearance Certificate from the Irish Revenue Commissioners as part of their application for participation in the competition.
(7) If for any reason it is not possible to admit to the framework agreement the tenderers invited following the conclusion of this competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate. If, following the conclusion of the competitive process, it is not possible to award the initial contract to the designated successful tenderer; or if having awarded the initial contract the contracting authority considers that the successful tenderer has not met its obligations; the contracting authority reserves the right to award the initial contract to the framework member with the next highest score on the basis of the original competition and as tendered by that party. 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.
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(8) 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.
9) 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.
Show more
(ET Ref:386932).

Complementary information
Review body
Name: The High Court
Postal address: Four Courts, Inns Quay
Postal town: Dublin 7
Postal code: 7000
Country: Ireland 🇮🇪
Internet address: www.courts.ie 🌏
Information about review deadlines:
Statutory Instrument No 130 of 2010 (the Irish Remedies Regulations) provides that review procedures are available in the High Court to a person who has or has had an interest in obtaining the framework agreement or a reviewable public contract and alleges that he or she has been harmed or is at risk of being harmed by an infringement of the law in relation to that framework agreement or reviewable public contract.
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Body responsible for mediation procedures
Same as: Review body
Service from which information about the review procedure may be obtained
Name: Please contact legal advisor
Postal address: The Plaza, Eastpoint Business Park, Dublin 3
Source: OJS 2012/S 045-073989 (2012-03-02)
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