Single Party framework agreement for the provision of On Campus Catering Service Concession at NUI Maynooth

National University of Ireland, Maynooth (NUI Maynooth-NUIM)

Maynooth University wishes to establish a single party framework agreement with an initial contract for the provision of specified catering service concessions at its campus.
The successful operator will offer a full range of catering services to Maynooth University students, staff and visitors on a concession basis.
The maximum duration of the framework agreement will be for up to 7 years.
It will initially be awarded for 4 years but may be extended out to 7 years (on an annual basis, subject to review).
The following catering concessions are included in the initial contract under the framework:
— Phoenix Restaurant.
— Library Café.
— Arts Cafe.
— John Hume Unit 4.
Additional catering service concessions may be awarded from this framework as they arise.
The existing arrangements have different end dates and the new arrangements will commence on the expiry of the current arrangements and
will all end contemporaneously.
A service concession is an autonomous and independent EU concept defined as ‘a contract of the same type as a service contract except for the fact that the consideration for the provision of services consists either in the right to exploit the service or in this right together with payment’.
Its meaning has been further clarified through EU Case — Law. Essentially, a service concession can exist only when the concessionaire receives payment for the services rendered, not from the awarding authority, but from the recipients of the service.
Additionally, the concessionaire accepts a certain degree of risk, possibly resulting in financial losses.

Deadline

The time limit for receipt of tenders was 2015-10-20. The procurement was published on 2015-09-25.

Who? What?
Procurement history
Date Document
2015-09-25 Contract notice
Contract notice (2015-09-25)
Object
Scope of the procurement
Title: Catering services
Quantity or scope:
Single party framework agreement for the provision of On Campus Catering Service Concession.9 000 00010 500 000
Notice metadata
Original language: English 🗣️
Document type: Contract notice
Nature of contract: Services
Regulation: European Union
Common procurement vocabulary (CPV)
Code: Catering 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: National University of Ireland, Maynooth (NUI Maynooth-NUIM)
Postal address: Co. Kildare
Postal town: Maynooth
Contact
E-mail: harry.kettle@achilles.com 📧

Reference
Dates
Date dispatched: 2015-09-25 📅
Submission deadline: 2015-10-20 📅
Publication date: 2015-09-30 📅
Identifiers
Notice number: 2015/S 189-343207
OJ-S issue: 189
Additional information
— The qualification questionnaire, available to download from www.etenders.gov.ie contains full information regarding the competition. — As this is a service concession, the provisions of Directive 2004/18/EC do not apply to this competition. Therefore, the awarding authority will employ a negotiated procedure (Competitive Dialogue) under its own terms and conditions with regard to the choice of procedure, timelines etc. — This service concession falls outside the scope of directive 2004/18/EC as per article 17 thereof and of directive 89/665/EEC and 2007/66/EC (the Remedies Directives). — This is the sole call for competition for these services. — This notice is being published on a strictly voluntary basis. — 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. — The Contracting Authority reserves the right to discontinue this procurement process at any point, and will not be held liable to candidates for any costs incurred as a result of such a decision. — This concession will be awarded following negotiation with chosen operators using a Dialogue process. — To receive more information about this tender, including any amendments and/or clarifications and to request any clarifications, you must register your interest to this tender on the following site (www.etenders.gov.ie) only. — Admittance to the framework will be conditional upon acceptance of the contracting authority's terms and conditions and the operation of a formal service level agreement. — Contract award will be subject to the approval of the competent authorities. — It will be a condition of admittance to the framework agreement that the successful tenderer produces a valid tax clearance 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. — If for any reason it is not possible to admit the successful tender 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. This shall be without prejudice to the right of the contracting authority to cancel the 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 frame work for any contract arising for catering concessions at any time. — The contracting authority reserves the right to reduce the number of participants and the number of solutions to be discussed or tenders to be negotiated. IV.3.2) Previous publication(s) concerning the same contract: yes. Prior information notice Notice number in the OJEU: 2015/S 042-072339 of 21.7.2015.
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Object
Scope of the procurement
Estimated value excluding VAT: 9 000 000 💰
10 500 000 💰
Short description:
Maynooth University wishes to establish a single party framework agreement with an initial contract for the provision of specified catering service concessions at its campus.
The successful operator will offer a full range of catering services to Maynooth University students, staff and visitors on a concession basis.
The maximum duration of the framework agreement will be for up to 7 years.
It will initially be awarded for 4 years but may be extended out to 7 years (on an annual basis, subject to review).
The following catering concessions are included in the initial contract under the framework:
— Phoenix Restaurant.
— Library Café.
— Arts Cafe.
— John Hume Unit 4.
Additional catering service concessions may be awarded from this framework as they arise.
The existing arrangements have different end dates and the new arrangements will commence on the expiry of the current arrangements and
will all end contemporaneously.
A service concession is an autonomous and independent EU concept defined as ‘a contract of the same type as a service contract except for the fact that the consideration for the provision of services consists either in the right to exploit the service or in this right together with payment’.
Show more
Its meaning has been further clarified through EU Case — Law. Essentially, a service concession can exist only when the concessionaire receives payment for the services rendered, not from the awarding authority, but from the recipients of the service.
Show more
Additionally, the concessionaire accepts a certain degree of risk, possibly resulting in financial losses.
Quantity or scope:
Single party framework agreement for the provision of On Campus Catering Service Concession.
Duration: 084 months
Place of performance
Main site or place of performance: NUI Maynooth.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity:
The pre-qualification questionnaire is available to download from www.etenders.gov.ie
Economic and financial standing:
The pre-qualification questionnaire is available to download from www.etenders.gov.ie
Technical and professional ability:
The pre-qualification questionnaire is 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 service provider.
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
A grouping if successful must be prepared to contract as a single entity having joint and several liability.

Procedure
Duration of the framework agreement in months: 84
Languages
Language: English 🗣️

Contracting authority
Identity
National registration number: N/a
Contact
Address of the buyer profile: http://irl.eu-supply.com/ctm/Supplier/CompanyInformation/Index/1180 🌏
URL for participation: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=92443&B=ETENDERS_SIMPLE 🌏
URL for documents: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=92443&B=ETENDERS_SIMPLE 🌏

Reference
Additional information
— The qualification questionnaire, available to download from www.etenders.gov.ie contains full information regarding the competition.
— As this is a service concession, the provisions of Directive 2004/18/EC do not apply to this competition. Therefore, the awarding authority will employ a negotiated procedure (Competitive Dialogue) under its own terms and conditions with regard to the choice of procedure, timelines etc.
Show more
— This service concession falls outside the scope of directive 2004/18/EC as per article 17 thereof and of directive 89/665/EEC and 2007/66/EC (the Remedies Directives).
— This is the sole call for competition for these services.
— This notice is being published on a strictly voluntary basis.
— 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.
Show more
— The Contracting Authority reserves the right to discontinue this procurement process at any point, and will not be held liable to candidates for any costs incurred as a result of such a decision.
— This concession will be awarded following negotiation with chosen operators using a Dialogue process.
— To receive more information about this tender, including any amendments and/or clarifications and to request any clarifications, you must register your interest to this tender on the following site (www.etenders.gov.ie) only.
— Admittance to the framework will be conditional upon acceptance of the contracting authority's terms and conditions and the operation of a formal service level agreement.
— Contract award will be subject to the approval of the competent authorities.
— It will be a condition of admittance to the framework agreement that the successful tenderer produces a valid tax clearance 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.
Show more
— If for any reason it is not possible to admit the successful tender 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. This shall be without prejudice to the right of the contracting authority to cancel the competitive process and or initiate a new contract award procedure at its sole discretion.
Show more
— 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 frame work for any contract arising for catering concessions at any time.
Show more
— The contracting authority reserves the right to reduce the number of participants and the number of solutions to be discussed or tenders to be negotiated.
IV.3.2) Previous publication(s) concerning the same contract: yes.
Prior information notice
Notice number in the OJEU: 2015/S 042-072339 of 21.7.2015.

Complementary information
Review body
Name: The High Court
Postal address: Four Courts, Inns Quay
Postal town: Dublin
Postal code: 7
Country: Ireland 🇮🇪
Internet address: http://www.courts.ie 🌏
Service from which information about the review procedure may be obtained
Name: Legal Advisor
Source: OJS 2015/S 189-343207 (2015-09-25)
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