Legal services

Health and Safety Authority

The Health & Safety Authority seeks applications from suitably competent firms for the provision of legal services. Legal services required under the framework will include advice and representation in relation to litigation generally, including but not limited to, judicial reviews and legal proceedings under the 2005 Act (and the regulations made thereunder), and the Chemicals Acts 2008 to 2010, typically involving the following:
Appeals to the District Court in respect of Information Notices (Section 72), Improvement Notices (Section 66) and Prohibition Notices (Section 67); Appeals to the Circuit Court as may be necessary following determination of matters in the District Court. Applications to the High Court for orders prohibiting continuance of activities subject to a Prohibition Notice (section 68); High Court Injunctions as to use of a place of work (section 71); appeals to the Supreme Court as may be necessary following determination of matters in the High Court; third party discovery matters which arise in the context of civil litigation following workplace accidents.
In addition, general legal advices to the Authority including, but not limited to, interpretation of Health and Safety legislation and other legislation affecting the Authority such as Administrative Law (including fair procedures, decision-making and statutory appeals from decisions) will be required.
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=390332.

Deadline

The time limit for receipt of tenders was 2012-03-28. The procurement was published on 2012-03-01.

Who?

• Health and Safety Authority

What?

• Legal advisory and representation services › Legal advisory services

Where?

• Éire/Ireland

Procurement history

Date	Document
2012-03-01	Contract notice

Contract notice (2012-03-01)
Object
Scope of the procurement
Title: legal services
Quantity or scope:

The historical annual spend on legal services in the past 3 years has ranged between 75 000 EUR and 150 000 EUR per annum, excluding expenditure with Counsel.75 0001 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: Health and Safety Authority
Postal address: The Metropolitan Building, James Joyce Street
Postal town: Dublin 1
Contact
Internet address: http://www.hsa.ie 🌏
E-mail: johanna_hally@hsa.ie 📧
Phone: +353 16147000 📞

Reference
Dates
Date dispatched: 2012-03-01 📅
Submission deadline: 2012-03-28 📅
Publication date: 2012-03-03 📅
Identifiers
Notice number: 2012/S 44-072314
OJ-S issue: 44
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 or tenderers; 4) Establishment of the framework will be subject to the approval of the competent authorities; 5) 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; 6) If for any reason it is not possible to admit to the framework agreement the tenderer 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 during the tender validity period. 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; 7) 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; 8) Please note in relation to all documents, that where reference is made to a particular standard, make, source, process, trademark, type or patent, that this is not to be regarded as a de facto requirement. In all such cases it should be understood that such indications are to be treated strictly and solely for reference purposes only, to which the words "or equivalent" will always be appended; 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 summary elimination from the competition; 10) 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 fully subject to the full rigours of the public procurement directive (2004/18/EC). (ET Ref:390332).

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 or tenderers;

4) Establishment of the framework will be subject to the approval of the competent authorities;

5) 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;

6) If for any reason it is not possible to admit to the framework agreement the tenderer 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 during the tender validity period. 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;

7) 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;

8) Please note in relation to all documents, that where reference is made to a particular standard, make, source, process, trademark, type or patent, that this is not to be regarded as a de facto requirement. In all such cases it should be understood that such indications are to be treated strictly and solely for reference purposes only, to which the words "or equivalent" will always be appended;

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 summary elimination from the competition;

10) 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 fully subject to the full rigours of the public procurement directive (2004/18/EC).

(ET Ref:390332).

Object
Scope of the procurement
Estimated value excluding VAT: 75 000 💰
1 000 000 💰
Short description:

Appeals to the District Court in respect of Information Notices (Section 72), Improvement Notices (Section 66) and Prohibition Notices (Section 67); Appeals to the Circuit Court as may be necessary following determination of matters in the District Court. Applications to the High Court for orders prohibiting continuance of activities subject to a Prohibition Notice (section 68); High Court Injunctions as to use of a place of work (section 71); appeals to the Supreme Court as may be necessary following determination of matters in the High Court; third party discovery matters which arise in the context of civil litigation following workplace accidents.

In addition, general legal advices to the Authority including, but not limited to, interpretation of Health and Safety legislation and other legislation affecting the Authority such as Administrative Law (including fair procedures, decision-making and statutory appeals from decisions) will be required.

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=390332.

Quantity or scope:

The historical annual spend on legal services in the past 3 years has ranged between 75 000 EUR and 150 000 EUR per annum, excluding expenditure with Counsel.

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 (i.e. a maximum of 6 years in total) subject to satisfactory performance review.

Provisional timetable for use of options: 36 months
Minimum number of possible renewals: 1
Maximum number of possible renewals: 3
Duration: 72 months
Place of performance
Main site or place of performance: Dublin Ireland.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity:

Please refer to the qualification questionnaire available to download from www.etenders.gov.ie.

Economic and financial standing:

Please refer to the qualification questionnaire available to download from www.etenders.gov.ie.

Technical and professional ability:

Please refer to 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: To be agreed with the successful service provider.
Names and professional qualifications of the staff ✅

Procedure
Number of operators of the framework agreement: 5
Duration of the framework agreement in years: 6
Justification for framework agreement duration over four years:

The service is an Annex IIB service and therefore not subject to the detailed rules in relation to duration as applying to framework agreements.

Minimum number of candidates: 5
Objective criteria for selection:

Upon receipt of completed questionnaires it is envisaged that at least the top 5 scoring firms will be invited to tender on the basis of the ranking achieved following the evaluation of questionnaires on the basis of the criteria and rules outlined in the questionnaire.

Date of dispatch of invitations: 2012-04-05 📅
Languages
Language: English 🗣️

Contracting authority
Contact
Contact point: Ms. Johanna Hally
Internet address: www.hsa.ie 🌏
Address of the buyer profile: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA01835 🌏
Name: Qualification questionnaire available from www.etenders.gov.ie
See qualification questionnaire available from www.etenders.gov.ie
See qualification questionnaire avaialble from www.etenders.gov.ie

Reference
Additional information

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 or tenderers;

4) Establishment of the framework will be subject to the approval of the competent authorities;

5) 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;

6) If for any reason it is not possible to admit to the framework agreement the tenderer 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 during the tender validity period. 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;

7) 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;

8) Please note in relation to all documents, that where reference is made to a particular standard, make, source, process, trademark, type or patent, that this is not to be regarded as a de facto requirement. In all such cases it should be understood that such indications are to be treated strictly and solely for reference purposes only, to which the words "or equivalent" will always be appended;

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 summary elimination from the competition;

10) 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 fully subject to the full rigours of the public procurement directive (2004/18/EC).

(ET Ref:390332).

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.

Service from which information about the review procedure may be obtained
Name: Please contact a legal advisor
Source: OJS 2012/S 044-072314 (2012-03-01)

New procurements in related categories 🆕

Business services: law, marketing, consulting, recruitment, printing and security (>20 new procurements)

Legal services (6)