The National Paediatric Hospital Development Board (‘NPHDB’ or the ‘Contracting Authority’) was established to design, build and equip a new national children's hospital to accommodate the merged paediatric services of three existing hospitals in Dublin — Our Lady's Children's Hospital Crumlin, Children's University Hospital Temple Street and the National Children's Hospital Tallaght.
The scope of the project to develop a new children's hospital, in broad terms, comprises the following:
— The demolition of all existing buildings on the site of the new children's hospital, which is located on the site of the existing St James Hospital in Dublin;
— Construction of the new children's hospital building and associated helipad. The new children's hospital building will include 380 inpatient bedrooms and 93 day beds located on a 4.85ha site at the western side of the St. James's Campus.
Deadline
The time limit for receipt of tenders was 2017-01-20.
The procurement was published on 2016-12-19.
Suppliers
The following suppliers are mentioned in award decisions or other procurement documents:
Object Scope of the procurement
Title: Provision of Commercial Property Consultancy Services
Products/services: Real estate services📦
Short description:
“The National Paediatric Hospital Development Board (the “Board”) entered into a contract with Lisney Limited for Commercial Property Consultancy Services in...”
Short description
The National Paediatric Hospital Development Board (the “Board”) entered into a contract with Lisney Limited for Commercial Property Consultancy Services in connection with the New Children's Hospital in March 2017 (the “Contract”). The Contract was awarded following an open tender competition published on eTenders in December 2016. The Contract was be for a period of three (3) years with the option to extend for up to a further two (2) years. However, the New Children’s Hospital is not expected to be complete until 2025. The Board is of the view that the Contract and tender documents for the competition made provision for or flagged in a sufficiently clear and precise manner that the term of the Contract would match the programme for the delivery of the New Children’s Hospital including any extended/prolonged period of construction
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Total value of the procurement (excluding VAT): EUR 149 200 💰
In March 2017, NPHDB entered into a contract with Lisney Limited for Commercial Property Consultancy Services relating to the New National Children’s Hospital. Although the original value of the Contract was not expected to exceed the then applicable EU threshold for contracts of this nature (i.e. €209,000 excluding VAT) in the interests of transparency the Board conducted an open tender competition published in the Official Journal of the European Union in December 2016. The process was concluded when Lisney Limited was identified as the preferred tenderer and a services contract was executed between NPHDB and Lisney Limited in March 2017 (the “Contract”).
The Services provided by Lisney under the Contract primarily involve assisting NPHDB with the procurement of the car park funder/operator and the leasing/letting of various other (non-car park) commercial units on the site (e.g. commercial catering, cafes, pharmacy and retail units), the optional drawdown of services in relation to Leasing/Letting of Commercial Units on site of new children’s hospital, as well as the optional drawdown of ad-hoc consultancy services.
The term of contract was due to expire in 2022. However, the Board is of the view it is justified in relying on the provisions of Article 72(1)(a) to continue to drawdown the Services pursuant to the Contract until practical completion of the project as this was provided for in the initial procurement documents in clear, precise and unequivocal review clauses.. This is based on the position that the Request For Tenders expressly states that it is envisaged that the Services would be completed by practical completion of the project and a key part of the scope was to provide leasing/letting of various other commercial units on the site (a service which can only be provided once the development is completed). In addition the overall value of the Contract following completion of the Project will not exceed the applicable EU threshold for contracts of this nature (i.e. €215,000 excluding VAT) and will not exceed the indicative contract value advertised.
As such, it is NPHDB’s view that the continuation of drawdown of services under the Contract is permissible in accordance with the principle of Regulation 72(1)(a) of European Union (Award of Public Authority Contracts) Regulations 2016 on the basis that it was clearly and sufficiently provided for in some of the tender documents.
Procedure Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
The procurement falls outside the scope of application of the directive
Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union (explanation):
“The Services provided by Lisney under the Contract primarily involve assisting NPHDB with the procurement of the car park funder/operator and the...”
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union (explanation)
The Services provided by Lisney under the Contract primarily involve assisting NPHDB with the procurement of the car park funder/operator and the leasing/letting of various other (non-car park) commercial units on the site (e.g. commercial catering, cafes, pharmacy and retail units), the optional drawdown of services in relation to Leasing/Letting of Commercial Units on site of new children’s hospital, as well as the optional drawdown of ad-hoc consultancy services. The term of contract was due to expire in 2022. However, the Board is of the view it is justified in relying on the provisions of Article 72(1)(a) to continue to drawdown the Services pursuant to the Contract until practical completion of the project as this was provided for in the initial procurement documents in clear, precise and unequivocal review clauses.. This is based on the position that the Request For Tenders expressly states that it is envisaged that the Services would be completed by practical completion of the project and a key part of the scope was to provide leasing/letting of various other commercial units on the site (a service which can only be provided once the development is completed). In addition the overall value of the Contract following completion of the Project will not exceed the applicable EU threshold for contracts of this nature (i.e. €215,000 excluding VAT) and will not exceed the indicative contract value advertised. As such, it is NPHDB’s view that the continuation of drawdown of services under the Contract is permissible in accordance with the principle of Regulation 72(1)(a) of European Union (Award of Public Authority Contracts) Regulations 2016 on the basis that it was clearly and sufficiently provided for in some of the tender documents
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Previous publication concerning this procedure: 2016/S 247-451605
Award of contract
1️⃣
Date of conclusion of the contract: 2018-02-15 📅
Name and address of the contractor
Name: Lisney Limited
Postal address: St Stephen's Green House Earlsfort Terrace
Postal town: Dublin
Country: Ireland 🇮🇪
E-mail: dublin@lisney.com📧
Region: Éire/Ireland🏙️
The contractor is an SME
Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot: EUR 149 200 💰
Complementary information Review body
Name: High Court of Ireland
Postal address: Four Courts, Inns Quay, Dublin 7
Postal town: Dublin
Country: Ireland 🇮🇪
Phone: +353 18886000📞
E-mail: highcourtcentraloffice@courts.ie📧 Service from which information about the review procedure may be obtained
Name: High court of Ireland
Postal address: Four Courts, Inns Quay, Dublin 7
Postal town: Dublin
Country: Ireland 🇮🇪
Phone: +353 18886000📞
E-mail: highcourtcentraloffice@courts.ie📧
Source: OJS 2023/S 070-211070 (2023-04-04)