Multi-Operator Framework Agreements established in two Lots for the Provision of Legal Services for Shannon Foynes Port Company

Shannon Foynes Port Company

Shannon Foynes Port Company (SFPC) wishes to establish 2 multi-operator framework agreements each of duration up to 6 years, for the provision of legal services, including advice and representation, in a number of areas related to its operations. The estimated annual expenditure on legal services is in the range of EUR 60 000 - EUR 70 000 per annum. It is anticipated that the expenditure will be divided equally over both lots. SFPC wishes to have access to legal expertise and representation, as set out below. The frameworks will be established in 2 lots:
Lot 1 – Commercial and General Operations
This lot comprises the provision of legal advice and services relating to Contracts, Concessions and Licenses, Property Law and Leasing, with particular emphasis on Reversionary Leases and the impact of Landlord and Tenant Law as applicable to the Irish Ports Sector, Property Conveyancing and Litigation.
Lot 2 – Specialised Operations and Compliance
This Lot comprises the provision of legal advice and services relating to Marine and Harbour Legislation, Foreshore Legislation, Environmental Legislation, Employment Law, European Law and Public Procurement, Regulatory Compliance and Corporate Governance and Litigation.
Applicants may apply for 1 or both of these Lots by completing the Qualification Questionnaire, whilst identifying the Lots of interest to them. Applicants applying for both Lots duly indicated, may complete and submit a single Qualification Questionnaire, noting that evidence of previous contracts must be provided for both Lots 1 and 2 separately.
The above requirements represent the current anticipated range of legal services required by SFPC during the operation of the proposed frameworks. However, due to on-going review and development of services provided by SFPC, it is expected that additional legal service requirements may arise during that period, thereby further expanding the possible value of the frameworks.
Further information on the scope of services is provided for in the Qualification Questionnaire which is available for download from www.etenders.gov.ie

Deadline

The time limit for receipt of tenders was 2013-09-06. The procurement was published on 2013-07-29.

Who?

• Shannon Foynes Port Company

What?

Where?

• South-West

Procurement history

Date	Document
2013-07-29	Contract notice

Contract notice (2013-07-29)
Object
Scope of the procurement
Title: Legal services
Quantity or scope:

The framework agreements will be established over a maximum period of 6 years and may, at SFPC's discretion, be used to source all of SFPC's requirements for legal services during that period. Admission to a framework agreement does not guarantee the award of any contract to any party.360 000420 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 one or more lots
Award criteria
The most economic tender

Contracting authority
Identity
Country: Ireland 🇮🇪
Awarding authority type: Utilities entity
Awarding authority name: Shannon Foynes Port Company
Postal address: Mill House, Foynes
Postal town: Co. Limerick
Contact
E-mail: harry.kettle@achilles.com 📧

Reference
Dates
Date dispatched: 2013-07-29 📅
Submission deadline: 2013-09-06 📅
Publication date: 2013-08-01 📅
Identifiers
Notice number: 2013/S 148-258203
OJ-S issue: 148
Additional information

— As 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 will employ a negotiated procedure under its own terms and conditions. — 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 agreements 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 Shannon Foynes Port Company'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, —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.

Additional information

— As 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 will employ a negotiated procedure under its own terms and conditions.

— 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 agreements 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 Shannon Foynes Port Company'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,

—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.

Object
Scope of the procurement
Service category: 21
Estimated value excluding VAT: 360 000 💰
420 000 💰
Short description:

Lot 1 – Commercial and General Operations

This lot comprises the provision of legal advice and services relating to Contracts, Concessions and Licenses, Property Law and Leasing, with particular emphasis on Reversionary Leases and the impact of Landlord and Tenant Law as applicable to the Irish Ports Sector, Property Conveyancing and Litigation.

Lot 2 – Specialised Operations and Compliance

This Lot comprises the provision of legal advice and services relating to Marine and Harbour Legislation, Foreshore Legislation, Environmental Legislation, Employment Law, European Law and Public Procurement, Regulatory Compliance and Corporate Governance and Litigation.

Applicants may apply for 1 or both of these Lots by completing the Qualification Questionnaire, whilst identifying the Lots of interest to them. Applicants applying for both Lots duly indicated, may complete and submit a single Qualification Questionnaire, noting that evidence of previous contracts must be provided for both Lots 1 and 2 separately.

The above requirements represent the current anticipated range of legal services required by SFPC during the operation of the proposed frameworks. However, due to on-going review and development of services provided by SFPC, it is expected that additional legal service requirements may arise during that period, thereby further expanding the possible value of the frameworks.

Further information on the scope of services is provided for in the Qualification Questionnaire which is available for download from www.etenders.gov.ie

Lot number: 1
Title of the lot: Commercial and General Operations
Short description:

This lot comprises the provision of legal advice and services relating to:

— Contracts, Concessions and Licenses

— Property Law and Leasing, with particular emphasis on Reversionary Leases and the impact of Landlord and Tenant Law as applicable to the Irish Ports Sector.

— Property Conveyancing

— Litigation

Quantity or scope:

The estimated annual expenditure on legal services for Lot 1 is in the range of EUR 30 000 - EUR 35 000 per annum.

The estimated expenditure on legal services for Lot 1 over the anticipated life of the framework agreement is EUR 180 000 - EUR 210 000

Estimated value excluding VAT: 180 000 💰
210 000 💰
Lot number: 2
Title of the lot: Corporate, Compliance and Specialised Operations
Short description:

This Lot comprises the provision of legal advice and services relating to:

— Marine and Harbour Legislation

— Foreshore Legislation

— Environmental Legislation

— Employment Law

— European Law and Public Procurement

— Regulatory Compliance and Corporate Governance

Quantity or scope:

The estimated expenditure on legal services for Lot 2 over the anticipated life of the framework agreement is EUR 180 000 - EUR 210 000

Place of performance
Main site or place of performance: Shannon Region

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
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them: To be agreed with the successful tenderer(s)
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.

Execution of the service is reserved to a particular profession:

Candidates must confirm their eligibility to provide legal services in Ireland under the Solicitors Act 1954 as amended and relevant EU law.

Procedure
Number of operators of the framework agreement: 3
Duration of the framework agreement in years: 6
Languages
Language: English 🗣️

Contracting authority
Contact
Contact point: Harry Kettle

Complementary information
Review body
Name: The High Court
Postal address: Four Courts, Inns Quay
Postal town: Dublin
Postal code: 7
Country: Ireland 🇮🇪
Information about review deadlines:

Please see the relevant Irish Statutory Instruments (SI 131 of 2010 and SI 420 of 2010) available at www.irishstatutebook.ie

Service from which information about the review procedure may be obtained
Name: The Courts Service
Postal address: 15/24 Phoenix Street, North Smithfield
Phone: +353 18886000 📞
Internet address: http://www.courts.ie 🌏
Source: OJS 2013/S 148-258203 (2013-07-29)

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