The contracting authority intends to establish a single-party framework agreement for the provision of legal services to support the delivery of its activities. The framework will have a maximum potential duration of 10 years. For the avoidance of doubt Call-Off Contracts may extend beyond the life of the Framework Agreement. The Contracting Authority wishes to have access to legal expertise in the drafting of the SAFO Project Agreement and the competitive dialogue/negotiation process that flows therefrom. The successful framework operator will assist the Authority and the Authority's specialist consultants in the procurement of a SAFO that will deliver buildings that are: โ Compliant with the brief (Space, function adjacencies, capital budget limit and life cycle cost targets); โ Sensitive to student needs, providing a warm, social environment that enhances the student experience and consequently DIT's reputation as a premium University destination both domestically and internationally. โ Innovative and cost effective design solution of high architectural quality; โ Sustainable, energy efficient and environmentally-friendly design consistent with and which builds on the standards which DIT is currently achieving in facilities design. โBREEAM Excellentโ is a required standard; โ Create a design which embodies the principles and objectives of the Government Policy on Architecture 2009 -2015; and โ Sensitive to the site, adjoining buildings and DIT Campus Masterplans. The design shall further the objectives of the Grangegorman Campus Masterplan and enhance the landscape of the campus. โ An appropriately resourced design team proposal and fee structure Key Contract deliverables โ An appropriately resourced legal team proposal and a robust fee structure; โ Involvement of key stakeholders throughout the Call-Off Contract; โ Roles and responsibilities clearly understood by everyone involved in the Call-Off Contract, with clear communication lines; โ An integrated process in which design, construction, fit-out, operation and maintenance are considered as a whole; โ Draft Framework Project Agreement(s) that represent best practice in the student accommodation sector within the EU and which are modelled on direct experience from similar service concession developments in terms of scale, concession period lengths, hand-back arrangements, etc โ Draft Framework Project Agreement(s) that provide best value to the Authority and which protect the interests of the Authority and the Stakeholder over the entire Concession Period(s). โ Lease agreements with the SAFO that represent best practice and which protect the interests of the Authority โ Service level agreements that reflect best practice in the student accommodation sector โ Novation Agreements with the SAFO that represent best practice and which protect the interests of the Stakeholder โ Reversion agreements that address the conditions and expectations at the end of the Service Concession period(s) when the developed assets will revert to the Authority. โ Commitment to achieve project programme constraint of completion/opening of Phase 1 student accommodation on or before September 2018 or such other date as is included in the initial contract for Phase 1 works; โ Commitment to excellence in health and safety performance; โ Risk and value management that involves the entire project team, actively managed throughout the Project; โ Commitment to continuous improvement; โ Application of Key Performance Indicators (KPIs); and โ Post Project and Post Implementation Reviews. The key deliverables are provisional only. The Authority reserves the right to amend them at stage two of this process, or at subsequent Call-Off Contract stages.
Deadline
The time limit for receipt of tenders was 2015-08-10.
The procurement was published on 2015-07-13.
Contract notice (2015-07-13) Object Scope of the procurement
Title: Legal services
Quantity or scope:
The framework agreement will be established over a maximum period of 10 years. The legal services relate to an initial contract in relation to the Student Accommodation at Grangegorman. Admission to the framework agreement does not guarantee the award of any contract.250 0001 250 000
The framework agreement will be established over a maximum period of 10 years. The legal services relate to an initial contract in relation to the Student Accommodation at Grangegorman. Admission to the framework agreement does not guarantee the award of any contract.250 0001 250 000
Notice metadata
Original language: English ๐ฃ๏ธ
Document type: Contract notice
Nature of contract: Services
Regulation: European Union
Common procurement vocabulary (CPV)
Code: Legal services๐ฆ
Procedure
Procedure type: Negotiated procedure
Type of bid: Submission for all lots
Award criteria
The most economic tender
Contracting authority Identity
Country: Ireland ๐ฎ๐ช
Awarding authority type: Body governed by public law
Awarding authority name: Grangegorman Development Agency
Postal address: Grangegorman Lower
Postal code: 7
Postal town: Dublin
Contact
Internet address: http://www.ggda.ie๐
E-mail: procurement@ggda.ie๐ง
Phone: +353 14024140๐
โ The fact of this notice being published should under no circumstances be taken as implying that any provisions other than those expressly contained in Directive 2004/18/EC for Annex IIB Services will apply to this award procedure.
โ 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 the negotiated procedure under its own terms and conditions.
โ Interested parties must register their interest on the etenders website (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.
โ This is the sole call for competition for these services.
โ The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
โ Contract award will be subject to the approval of the competent authorities.
โ 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.
โ Admittance to the framework will also be conditional upon formal written acceptance of the Framework Terms and Conditions.
โ If for any reason it is not possible to admit the successful tenderer to the framework agreement following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate during the period of validity of tenders. 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.
โ 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.
โ The contracting authority reserves the right to successfully reduce the number of operators during this negotiated procedure.
โ Applicants should indicate whether any proportion of this contract is intended to be sub-contracted and if so, further information should be provided as per the instructions in the Qualification Questionnaire.
โ The fact of this notice being published should under no circumstances be taken as implying that any provisions other than those expressly contained in Directive 2004/18/EC for Annex IIB Services will apply to this award procedure.
โ 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 the negotiated procedure under its own terms and conditions.
โ Interested parties must register their interest on the etenders website (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.
โ This is the sole call for competition for these services.
โ The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
โ Contract award will be subject to the approval of the competent authorities.
โ 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.
โ Admittance to the framework will also be conditional upon formal written acceptance of the Framework Terms and Conditions.
โ If for any reason it is not possible to admit the successful tenderer to the framework agreement following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate during the period of validity of tenders. 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.
โ 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.
โ The contracting authority reserves the right to successfully reduce the number of operators during this negotiated procedure.
โ Applicants should indicate whether any proportion of this contract is intended to be sub-contracted and if so, further information should be provided as per the instructions in the Qualification Questionnaire.
Object Scope of the procurement
Estimated value excluding VAT: 250 000 ๐ฐ
1 250 000 ๐ฐ
Short description:
The contracting authority intends to establish a single-party framework agreement
for the provision of legal services to support the delivery of its activities. The framework will have a maximum potential duration of 10 years. For the avoidance of doubt Call-Off Contracts may extend beyond the life of the Framework Agreement. The Contracting Authority wishes to have access to legal expertise in the drafting of the SAFO Project Agreement and the competitive dialogue/negotiation process that flows therefrom.
for the provision of legal services to support the delivery of its activities. The framework will have a maximum potential duration of 10 years. For the avoidance of doubt Call-Off Contracts may extend beyond the life of the Framework Agreement. The Contracting Authority wishes to have access to legal expertise in the drafting of the SAFO Project Agreement and the competitive dialogue/negotiation process that flows therefrom.
The successful framework operator will assist the Authority and the Authority's specialist consultants in the procurement of a SAFO that will deliver buildings that are:
โ Compliant with the brief (Space, function adjacencies, capital budget limit and life cycle cost targets);
โ Sensitive to student needs, providing a warm, social environment that enhances the student experience and consequently DIT's reputation as a premium University destination both domestically and internationally.
โ Innovative and cost effective design solution of high architectural quality;
โ Sustainable, energy efficient and environmentally-friendly design consistent with and which builds on the standards which DIT is currently achieving in facilities design. โBREEAM Excellentโ is a required standard;
โ Create a design which embodies the principles and objectives of the Government Policy on Architecture 2009 -2015; and
โ Sensitive to the site, adjoining buildings and DIT Campus Masterplans. The design shall further the objectives of the Grangegorman Campus Masterplan and enhance the landscape of the campus.
โ An appropriately resourced design team proposal and fee structure
Key Contract deliverables
โ An appropriately resourced legal team proposal and a robust fee structure;
โ Involvement of key stakeholders throughout the Call-Off Contract;
โ Roles and responsibilities clearly understood by everyone involved in the Call-Off Contract, with clear communication lines;
โ An integrated process in which design, construction, fit-out, operation and maintenance are considered as a whole;
โ Draft Framework Project Agreement(s) that represent best practice in the student accommodation sector within the EU and which are modelled on direct experience from similar service concession developments in terms of scale, concession period lengths, hand-back arrangements, etc
โ Draft Framework Project Agreement(s) that represent best practice in the student accommodation sector within the EU and which are modelled on direct experience from similar service concession developments in terms of scale, concession period lengths, hand-back arrangements, etc
โ Draft Framework Project Agreement(s) that provide best value to the Authority and which protect the interests of the Authority and the Stakeholder over the entire Concession Period(s).
โ Lease agreements with the SAFO that represent best practice and which protect the interests of the Authority
โ Service level agreements that reflect best practice in the student accommodation sector
โ Novation Agreements with the SAFO that represent best practice and which protect the interests of the Stakeholder
โ Reversion agreements that address the conditions and expectations at the end of the Service Concession period(s) when the developed assets will revert to the Authority.
โ Commitment to achieve project programme constraint of completion/opening of Phase 1 student accommodation on or before September 2018 or such other date as is included in the initial contract for Phase 1 works;
โ Commitment to excellence in health and safety performance;
โ Risk and value management that involves the entire project team, actively managed throughout the Project;
โ Commitment to continuous improvement;
โ Application of Key Performance Indicators (KPIs); and
โ Post Project and Post Implementation Reviews.
The key deliverables are provisional only. The Authority reserves the right to amend them at stage two of this process, or at subsequent Call-Off Contract stages.
Quantity or scope:
The framework agreement will be established over a maximum period of 10 years. The legal services relate to an initial contract in relation to the Student Accommodation at Grangegorman. Admission to the framework agreement does not guarantee the award of any contract.
The framework agreement will be established over a maximum period of 10 years. The legal services relate to an initial contract in relation to the Student Accommodation at Grangegorman. Admission to the framework agreement does not guarantee the award of any contract.
Duration: 120 months Place of performance
Main site or place of performance: Dublin 7.
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 using System/RFT ID 97933.
Economic and financial standing:
Please refer to the Qualification Questionnaire available to download from www.etenders.gov.ie using System/RFT ID 97933.
Technical and professional ability:
Please refer to the Qualification Questionnaire available to download from www.etenders.gov.ie using System/RFT ID 97933.
Contract execution
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them: To be agreed with the successful tenderer.
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
If the Applicant is a consortium or grouping of members, the Applicant must specify the commercial and legal relationship amongst its members and any agreements giving effect to same. GDA reserves the right to request copies of any such agreements.
GDA reserves the right, at its absolute discretion, to require the Lead Firm to contract:
(i) on the basis of joint and several liability with each member of the Applicant executing the contract;
(ii) with a particular single member of the Applicant as the prime contractor, with the other members providing collateral warranties and/or guarantees; or
(iii) as an incorporated or unincorporated special purpose vehicle, with collateral warranties and/or guarantees from the members of the Applicant.
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
Duration of the framework agreement in years: 10
Justification for framework agreement duration over four years:
Legal Services is categorised under category 21 and is therefore an Annex IIB service. This legal services framework is a sister framework for the Student Accommodation Framework Operator which is also being established for 10 years.
Envisaged number of candidates: 6
Languages
Language: English ๐ฃ๏ธ
Irish ๐ฃ๏ธ
โ The fact of this notice being published should under no circumstances be taken as implying that any provisions other than those expressly contained in Directive 2004/18/EC for Annex IIB Services will apply to this award procedure.
โ 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 the negotiated procedure under its own terms and conditions.
โ 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 the negotiated procedure under its own terms and conditions.
โ Interested parties must register their interest on the etenders website (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.
โ Interested parties must register their interest on the etenders website (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.
โ This is the sole call for competition for these services.
โ The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers.
โ Contract award will be subject to the approval of the competent authorities.
โ 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.
โ 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.
โ Admittance to the framework will also be conditional upon formal written acceptance of the Framework Terms and Conditions.
โ If for any reason it is not possible to admit the successful tenderer to the framework agreement following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate during the period of validity of tenders. 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.
โ If for any reason it is not possible to admit the successful tenderer to the framework agreement following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate during the period of validity of tenders. 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.
โ 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.
โ The contracting authority reserves the right to successfully reduce the number of operators during this negotiated procedure.
โ Applicants should indicate whether any proportion of this contract is intended to be sub-contracted and if so, further information should be provided as per the instructions in the Qualification Questionnaire.
Complementary information Review body
Name: The High Court
Postal address: Four Courts, Inns Quay
Postal town: Dublin
Postal code: 7
Country: Ireland ๐ฎ๐ช
Information about review deadlines:
Please see relevant Irish Statutory Instruments (S.I. 130 of 2010 and SI 420 of 2010) available at www.irishstatutebook.ie