PG108T810 West Wave

Additional information

— While this procurement is being conducted in accordance with the negotiated procedure the general approach will be analogous to that of the Competitive Dialogue which is available under the Public Procurement Directive 2004/18/EC. In addition to which all of the terms and conditions will be subject to negotiation between the parties.

— Parties interested in expressing interest in participating in the Competitive Dialogue may request a copy of the Information Memorandum and Pre-Selection Questionnaire from Patricia Brennan (telephone +353 17026686, email: patricia.brennan@esb.ie). Responses to the questionnaire will be required on or before 31 January 2014. Further information is set out in the Information Memorandum.

— All queries should be submitted seven days before the closing date to enable responses to be issued to all interested participants prior to the deadline date for receipt of applications.

— A soft copy of the applicant's Expression of Interest must be submitted by closing date (see Section IV.3.3) to the email address in I.1 above.

— A soft copy of the applicant's response to the Pre-Selection Questionnaire must be submitted by closing date (see Section IV.3.4) to the email address in I.1 above.

— It is ESB's intention to short-list Participants for participation in the Competitive Dialogue and subsequent Award process.

— Except where otherwise stated, ESB will not be responsible for costs, charges or expenses incurred by Participants, whether or nor a final contract is awarded.

— This notice is to serve as the sole Call for Competition for this contract.

— In connection with the award of the contract, the Tenderer shall be required to identify the entity that would be responsible for the receipt and processing of orders and the resolution of any problems relating to the contract.

— The negotiated procedure will be used, however, ESB retains the option to accept initial bids without further negotiation.

— The final contract may be divided into lots. The nature of the lots will be finalised during the course of the Dialogue process.

— ESB reserves the right to award the contract in lots, in full or in part, or not at all.

— Suppliers attention is directed to Article 58.2 of Directive 2004/17/EC.

— ESB reserves the right to conclude this contract or withdraw from the process at its sole discretion.

— Award to Runner Up. If for any reason it is not possible to conclude a contract with the designated successful Tenderer emerging from this procurement competition, ESB reserves the right to award the contract to the next highest scoring Tenderer. This shall be without prejudice to the right of ESB to cancel this procurement process and/or to initiate a new procurement competition at its sole discretion.

Legal form to be taken by the group of economic operators to whom the contract is to be awarded

If the Tender is submitted by a group of suppliers, then those suppliers, if awarded the contract, shall assume such legal form by corporation, partnership or otherwise as will enable them to contract as a single entity, and assume joint and several responsibility for the contract. The requirements in Section III 2.1 must be met in full by each group of bidders.