For the establishment A Multi-Operator Framework Agreement for Legal Services

Financial Services Ombudsman Bureau

The FSO wishes to establish a multi-party framework agreement for the provision of legal services. It is intended that 3 firms will be admitted to the framework, although the FSO reserves the right to admit up to 5 firms to the framework.
Legal services as required including but not limited to advice, legal support and processing of High Court Appeals and Judicial Reviews together with advice and legal support arising from and in connection with the FSO’s functions and role pursuant to the Central Bank and Financial Services Authority of Ireland Act, 2004.
The services shall include the following (indicative list):
— Processing of High Court Appeals of Findings of The Financial Service Ombudsman under the provisions of the Act,
— Processing of Judicial Review proceedings in the High Court brought against the FSO or in which the FSO is a notice party,
— Processing of Enforcement actions under the provisions of the Act,
— Advice on all relevant laws including Directives, Regulations, Guidelines, Codes and Standards on an-ongoing basis and to review and advise on the legal aspects of all reports, letters, memoranda, emails, correspondence, agreements and documents arising from the work and functions of the FSO.
Advices and legal support as required arising from the functions and role of the FSO generally and/or as specific legal issues may arise from time to time.
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=378332.

Deadline

The time limit for receipt of tenders was 2012-03-05. The procurement was published on 2012-02-07.

Who? What? Where?
Procurement history
Date Document
2012-02-07 Contract notice
Contract notice (2012-02-07)
Object
Scope of the procurement
Title: legal services
Quantity or scope:
This framework agreement concerns Legal services will be for a maximum potential duration of 6 years.1 500 0003 000 000
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: Negotiated procedure
Type of bid: Submission for all lots
Award criteria
The most economic tender

Contracting authority
Identity
Country: Ireland 🇮🇪
Awarding authority type: Body governed by public law
Awarding authority name: Financial Services Ombudsman Bureau
Postal address: 3rd Floor, Lincoln House, Lincoln Place
Postal town: Dublin 2
Contact
Internet address: http://www.financialombudsman.ie 🌏
E-mail: diarmuid.byrne@financialombudsman.ie 📧
Phone: +353 16318561 📞

Reference
Dates
Date dispatched: 2012-02-07 📅
Submission deadline: 2012-03-05 📅
Publication date: 2012-02-10 📅
Identifiers
Notice number: 2012/S 28-045472
OJ-S issue: 28
Additional information
— As a the subject matter of this framework agreement is a non-priority (Annex IIB) service, the establishment of the framework is not subject to the provisions of Directive 2004/18/EC with regard to the choice of procedure. Therefore, the awarding authority reserves the right to employ the negotiated procedure provided for in the aforementioned Directive in order to establish the framework. — 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, — this is the sole call for competition for these services, — the contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers, — contract award will be subject to the approval of the competent authorities, — it will be a condition for admittance to the framework agreement that tenderers and their sub-contractors (if any) produce a valid tax clearance certificate from the Irish revenue commissioners and that they retain a fully valid certificate throughout the lifetime of the framework and of contracts awarded under the framework. — admittance to the framework will also be conditional upon formal written acceptance of FSO's Terms and Conditions, — if for any reason it is not possible to admit to the framework agreement one or more of the tenderers invited following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer(s) to join the framework agreement as appropriate. 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, — contracts will be awarded under the framework either by reference to the original tenders or by mini-tender competition at the discretion of the authority. Notwithstanding the existence of the framework, the contracting authority at its sole discretion reserves the right to engage in a separate procurement procedure outside of the framework for any contract arising for legal services, — should you wish any of the information supplied by you not to be disclosed because of its sensitivity, you should, when providing the information, identify same and specify the reasons for its sensitivity. The Financial Services Ombudsman Bureau will take this into consideration if it receives a request for disclosure, and may consult with you, but may decide to disclose the information despite your view. It is not sufficient to include a general statement that all your information is confidential or commercially sensitive. (ET Ref:378332).
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Object
Scope of the procurement
Estimated value excluding VAT: 1 500 000 💰
3 000 000 💰
Short description:
The FSO wishes to establish a multi-party framework agreement for the provision of legal services. It is intended that 3 firms will be admitted to the framework, although the FSO reserves the right to admit up to 5 firms to the framework.
Legal services as required including but not limited to advice, legal support and processing of High Court Appeals and Judicial Reviews together with advice and legal support arising from and in connection with the FSO’s functions and role pursuant to the Central Bank and Financial Services Authority of Ireland Act, 2004.
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The services shall include the following (indicative list):
— Processing of High Court Appeals of Findings of The Financial Service Ombudsman under the provisions of the Act,
— Processing of Judicial Review proceedings in the High Court brought against the FSO or in which the FSO is a notice party,
— Processing of Enforcement actions under the provisions of the Act,
— Advice on all relevant laws including Directives, Regulations, Guidelines, Codes and Standards on an-ongoing basis and to review and advise on the legal aspects of all reports, letters, memoranda, emails, correspondence, agreements and documents arising from the work and functions of the FSO.
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Advices and legal support as required arising from the functions and role of the FSO generally and/or as specific legal issues may arise from time to time.
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=378332.
Quantity or scope:
This framework agreement concerns Legal services will be for a maximum potential duration of 6 years.
Duration: 72 months
Place of performance
Main site or place of performance: Dublin.

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.
Minimum level(s) of standards:
As per the qualification questionnaire, available to download from www.etenders.gov.ie.
Contract execution
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
A grouping, if successful, may be required to contract as a single entity having joint and several liability but subject to the agreement of the contracting parties. If it is proposed to sub-contract the delivery of any portion of the initial contract or any subsequent contract under the framework, it may be a condition of award of contract that both the service provider and any proposed sub-contractor enter simultaneously into a collateral warranty with the contracting authority for the relevant portion of that contract.
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Execution of the service is reserved to a particular profession:
Candidates must be eligible to provide legal services in Ireland under the terms of the Solicitors Act, 1954 (as amended) and relevant EU law.
Names and professional qualifications of the staff ✅

Procedure
Maximum number of operators of the framework agreement: 5
Duration of the framework agreement in years: 6
Justification for framework agreement duration over four years:
This framework agreement concerns a non-priority (Annex IIB) service which is not subject, inter alia, to the provisions of Directive 2004/18/EC covering framework agreements, timescales and choice of procedure.
Minimum number of candidates: 3
Objective criteria for selection:
Candidates must complete qualification questionnaire available to download from www.etenders.gov.ie.
Date of dispatch of invitations: 2012-03-12 📅
Languages
Language: English 🗣️
Irish 🗣️

Contracting authority
Contact
Contact point: Diarmuid Byrne
Internet address: www.financialombudsman.ie 🌏
Address of the buyer profile: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA9401 🌏
Name: Financial Services Ombudsman Bureau
URL for further information: www.financialombudsman.ie 🌏
URL for documents: www.financialombudsman.ie 🌏
URL for participation: www.financialombudsman.ie 🌏

Reference
Additional information
— As a the subject matter of this framework agreement is a non-priority (Annex IIB) service, the establishment of the framework is not subject to the provisions of Directive 2004/18/EC with regard to the choice of procedure.
Therefore, the awarding authority reserves the right to employ the negotiated procedure provided for in the aforementioned Directive in order to establish the framework.
— 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,
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— this is the sole call for competition for these services,
— the contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers,
— contract award will be subject to the approval of the competent authorities,
— it will be a condition for admittance to the framework agreement that tenderers and their sub-contractors (if any) produce a valid tax clearance certificate from the Irish revenue commissioners and that they retain a fully valid certificate throughout the lifetime of the framework and of contracts awarded under the framework.
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— admittance to the framework will also be conditional upon formal written acceptance of FSO's Terms and Conditions,
— if for any reason it is not possible to admit to the framework agreement one or more of the tenderers invited following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer(s) to join the framework agreement as appropriate. 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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— contracts will be awarded under the framework either by reference to the original tenders or by mini-tender competition at the discretion of the authority. Notwithstanding the existence of the framework, the contracting authority at its sole discretion reserves the right to engage in a separate procurement procedure outside of the framework for any contract arising for legal services,
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— should you wish any of the information supplied by you not to be disclosed because of its sensitivity, you should, when providing the information, identify same and specify the reasons for its sensitivity. The Financial Services Ombudsman Bureau will take this into consideration if it receives a request for disclosure, and may consult with you, but may decide to disclose the information despite your view. It is not sufficient to include a general statement that all your information is confidential or commercially sensitive.
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(ET Ref:378332).

Complementary information
Review body
Name: The High Court
Postal address: Four Courts, Inns Quay
Postal town: Dublin 7
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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Service from which information about the review procedure may be obtained
Name: Please contact a legal advisor
Source: OJS 2012/S 028-045472 (2012-02-07)
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