Enforcement Service Provider-ESP - procurement of an enforcement service provider for electronic tolling in Ireland

National Roads Authority ( NRA )

The Authority is seeking to procure an ESP to provide a range of services relating to the recovery of unpaid tolls and fines charged for the use of tolled facilities within Ireland. The Authority currently employs a service provider ("Toll Operator") to collect tolls on the Authority's behalf. The ESP is responsible for carrying out a range of enforcement and legal debt collection actions on behalf of the Authority. During the term of the contract being procured, the Authority may exercise an option to extend the scope to include similar services for other tolled facilities that it operates (or are operated on its behalf) within Ireland. As set out in Section V1.3, the NRA reserves the right, in accordance with Regulation 32(5)(f) of the European Communities (Award of Public Authorities' Contracts) Regulations 2006, to award new services to the successful Tenderer. As set out in section VI.3, interested parties should note that this contract is classified as a “Part B” contract under the European Communities (Award of Public Authorities' Contracts) Regulations 2006 and that the detailed procedures of those Regulations, including timelines, do not apply to this competition. However the Authority is adopting a two-stage process similar to the restricted procedure under those Regulations. For the avoidance of doubt, this does not indicate that the Authority will, nor that it is obliged to, comply with all the requirements of the Regulations which would otherwise apply to a “Part A” contract.

Deadline

The time limit for receipt of tenders was 2013-04-30. The procurement was published on 2013-03-12.

Suppliers

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

Who? What? Where?
Procurement history
Date Document
2013-03-12 Contract notice
2014-12-02 Contract award notice
2022-06-02 Modification of a contract/concession during its term
Contract notice (2013-03-12)
Object
Scope of the procurement
Title: Legal services
Quantity or scope:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie.8 000 000,00
Total value of the procurement: 8 000 000,00 💰
Notice metadata
Original language: English 🗣️
Document type: Contract notice
Nature of contract: Services
Regulation: European Union, with participation of GPA countries
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: Body governed by public law
Awarding authority name: National Roads Authority ( NRA )
Postal address: St Martin's House, Waterloo Road
Postal code: 4
Postal town: Dublin
Contact
Internet address: http://www.nra.ie 🌏
E-mail: esptender@nra.ie 📧
Phone: +353 16602511 📞
Fax: +353 1668009 📠

Reference
Dates
Date dispatched: 2013-03-12 📅
Submission deadline: 2013-04-30 📅
Publication date: 2013-03-14 📅
Identifiers
Notice number: 2013/S 052-085501
OJ-S issue: 52
Additional information
— The Authority reserves the right, in accordance with Regulation 32(5)(f) of the European Communities (Award of Public Authorities' Contracts) Regulations 2006, to award new services to the successful Tenderer; — Interested parties should note that this contract is classified as a “Part B” contract under the European Communities (Award of Public Authorities' Contracts) Regulations 2006 and that the detailed procedures of those Regulations, including timelines, do not apply to this competition. However the Authority is adopting a two-stage process similar to the restricted procedure under those Regulations. For the avoidance of doubt, this does not indicate that the Authority will, nor that it is obliged to, comply with all the requirements of the Regulations which would otherwise apply to a “Part A” contract; – The Authority reserves the right to terminate the process at any time or to change the basis of, or the procedures for, the competition. The most economically advantageous or any tender will not necessarily be accepted; – The National Roads Authority is subject to the Freedom of Information Acts 1997 and 2003. The Candidate shall state if any information supplied by it in response to this notice is confidential or commercially sensitive or should not be disclosed in respect for information under the aforementioned Acts. The Candidate shall state why it considers the information to be confidential or commercially sensitive. The Authority will consult with any Candidate/ Tenderer about sensitive information before making a decision on any Freedom of Information request received; To receive more information about this tender, including any amendments and/or clarifications and to request any clarifications and/or to respond to this tender, you must register your interest to this tender on the following site: https://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=63370&B=ETENDERS_SIMPLE
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Object
Scope of the procurement
Short description:
The Authority is seeking to procure an ESP to provide a range of services relating to the recovery of unpaid tolls and fines charged for the use of tolled facilities within Ireland. The Authority currently employs a service provider ("Toll Operator") to collect tolls on the Authority's behalf. The ESP is responsible for carrying out a range of enforcement and legal debt collection actions on behalf of the Authority. During the term of the contract being procured, the Authority may exercise an option to extend the scope to include similar services for other tolled facilities that it operates (or are operated on its behalf) within Ireland. As set out in Section V1.3, the NRA reserves the right, in accordance with Regulation 32(5)(f) of the European Communities (Award of Public Authorities' Contracts) Regulations 2006, to award new services to the successful Tenderer. As set out in section VI.3, interested parties should note that this contract is classified as a “Part B” contract under the European Communities (Award of Public Authorities' Contracts) Regulations 2006 and that the detailed procedures of those Regulations, including timelines, do not apply to this competition. However the Authority is adopting a two-stage process similar to the restricted procedure under those Regulations. For the avoidance of doubt, this does not indicate that the Authority will, nor that it is obliged to, comply with all the requirements of the Regulations which would otherwise apply to a “Part A” contract.
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Quantity or scope:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie.
Description of options:
The Authority reserves the right to extend the duration of the contract by 24 months.
Duration: 48 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:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie
Economic and financial standing:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie
Minimum level(s) of standards:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie
Technical and professional ability:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie
Contract execution
Deposits and guarantees required:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
See Instructions to Candidates and Pre-Qualification Questionnaire attached to notice on www.etenders.ie
Execution of the service is reserved to a particular profession: See Instructions to Candidates and Pre-Qualification Questionnaire.
Names and professional qualifications of the staff ✅

Procedure
Languages
Language: English 🗣️

Contracting authority
Contact
Contact point: Rachel Cahill
Address of the buyer profile: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA01608 🌏
Name: National Roads Authority (NRA)
Postal address: All communication to be done useing the e-mail address provided below.
URL for further information: http://www.nra.ie 🌏
URL for documents: http://www.nra.ie 🌏
Postal address: St. Martin's House, Waterloo Road
Postal town: Dublin 4
Postal code: D4
Contact point: Commerical Operations
Fax: +353 16680009 📠
URL for participation: http://www.nra.ie 🌏
E-mail: highcourtcentraloffice@courts.ie 📧

Reference
Additional information
— The Authority reserves the right, in accordance with Regulation 32(5)(f) of the European Communities (Award of Public Authorities' Contracts) Regulations 2006, to award new services to the successful Tenderer;
— Interested parties should note that this contract is classified as a “Part B” contract under the European Communities (Award of Public Authorities' Contracts) Regulations 2006 and that the detailed procedures of those Regulations, including timelines, do not apply to this competition. However the Authority is adopting a two-stage process similar to the restricted procedure under those Regulations. For the avoidance of doubt, this does not indicate that the Authority will, nor that it is obliged to, comply with all the requirements of the Regulations which would otherwise apply to a “Part A” contract;
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– The Authority reserves the right to terminate the process at any time or to change the basis of, or the procedures for, the competition. The most economically advantageous or any tender will not necessarily be accepted;
– The National Roads Authority is subject to the Freedom of Information Acts 1997 and 2003. The Candidate shall state if any information supplied by it in response to this notice is confidential or commercially sensitive or should not be disclosed in respect for information under the aforementioned Acts. The Candidate shall state why it considers the information to be confidential or commercially sensitive. The Authority will consult with any Candidate/ Tenderer about sensitive information before making a decision on any Freedom of Information request received;
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To receive more information about this tender, including any amendments and/or clarifications and to request any clarifications and/or to respond to this tender, you must register your interest to this tender on the following site: https://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=63370&B=ETENDERS_SIMPLE
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Complementary information
Review body
Name: High Court of Ireland
Postal address: High Court Central Office, Four Courts, Inns Quay
Postal town: Dublin
Postal code: D7
Country: Ireland 🇮🇪
E-mail: highcourtcentraloffice@courts.ie 📧
Phone: +353 18886000 📞
Internet address: http://www.courts.ie 🌏
Fax: +353 18886125 📠
Source: OJS 2013/S 052-085501 (2013-03-12)
Contract award notice (2014-12-02)
Object
Notice metadata
Document type: Contract award notice

Procedure
Type of bid: Not applicable

Contracting authority
Identity
Awarding authority name: National Roads Authority
Postal address: Saint Martin's House, Waterloo Road

Reference
Dates
Date dispatched: 2014-12-02 📅
Publication date: 2014-12-05 📅
Identifiers
Notice number: 2014/S 235-413827
Refers to notice: 2013/S 52-085501
OJ-S issue: 235
Additional information
As the payments under the contract are determined by reference to the volume of services performed, there is no overall value of the contract for the purposes of sections II.2) and V.4) of this Award Notice.

Object
Place of performance
Main site or place of performance: Ireland.

Procedure
Award criteria
Criterion: 1. Quality (70)
2. Price (30)

Award of contract
Date of contract conclusion: 2014-11-27 📅
Name: Pierse Fitzgibbon Solicitors
Postal address: Market Street, Co Kerry
Postal town: Listowel
Country: Ireland 🇮🇪
E-mail: info@pierse.ie 📧
Internet address: http://www.pierse.ie 🌏
Information about tenders
Number of tenders received: 2

Complementary information
Review body
Postal address: Four Courts, Inns Quay
Postal code: 7
Phone: +353 18886087 📞
Source: OJS 2014/S 235-413827 (2014-12-02)
Modification of a contract/concession during its term (2022-06-02)
Object
Scope of the procurement
Title: Legal advisory services
Total value of the procurement: 2 100 000 EUR 💰
Notice metadata
Document type: Modification of a contract/concession during its term
Common procurement vocabulary (CPV)
Code: Legal advisory services 📦
Place of performance
NUTS region: Éire/Ireland 🏙️

Procedure
Award criteria
Not applicable

Contracting authority
Identity
Awarding authority name: Transport Infrastructure Ireland
Postal address: Parkgate Business Centre, Parkgate Street, Dublin
Postal code: D08 DK10
Contact
Internet address: http://www.tii.ie 🌏
E-mail: rob.grumley@tii.ie 📧

Reference
Dates
Date dispatched: 2022-06-02 📅
Publication date: 2022-06-07 📅
Start date: 2021-12-25 📅
End date: 2022-06-25 📅
Identifiers
Notice number: 2022/S 108-306115
Refers to notice: 2014/S 235-413827
OJ-S issue: 108
Additional information
The Authority has entered into a contract with an ESP to provide a range of services relating to the recovery of unpaid tolls and fines charged for the use of tolled facilities within Ireland. The ESP will be responsible for carrying out a range of enforcement and legal debt collection actions on behalf of the Authority.
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Object
Scope of the procurement
Title of the lot: Enforcement Service Provider – ESP - Procurement of an Enforcement Service Provider for Electronic Tolling in Ireland
Short description:
The Authority is seeking to procure an Enforcement Service Provider (the “ESP”) to provide a range of services relating to the recovery of unpaid tolls and fines charged for the use of tolled facilities within Ireland.

Award of contract
Date of contract conclusion: 2020-06-26 📅
Postal address: Market Street Listowel
Postal town: Kerry
Postal code: V31 DK38
Internet address: https://www.pierse.ie/ 🌏
Total value of the procurement: 2 100 000 EUR 💰

Contracting authority
Contact
Contact point: Rob Grumley
Internet address: www.tii.ie 🌏

Complementary information
Review body
Name: The High Court of Ireland
Postal code: D07 N972
E-mail: highcourtcentraloffice@courts.ie 📧
Internet address: https://www.courts.ie/content/central-office-high-court 🌏
Information about review deadlines:
Judicial Review Proceedings:
(i) Judicial Review proceedings relating to an alleged infringement, to prevent further damage to the applicant’s interests or for review of the contract award decision the application must be issued within 30 calendar days after the applicant was notified of the decision, or knew or ought to have known of the alleged infringement
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(ii) Judicial Review proceedings for a declaration of ineffectiveness must be issued within six months after the conclusion of the relevant contract or within 30 days if (a) a contract award notice has been published (beginning on the day after the notice is published in the OJEU) or (b) unsuccessful tenderers are furnished with a summary of the reasons for the candidate’s or tenderer’s rejection (beginning on the day after the notice is furnished)
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Service from which information about the review procedure may be obtained
Country: Ireland 🇮🇪
Source: OJS 2022/S 108-306115 (2022-06-02)
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