Establishment of a Single Party Framework for the provision of Legal Services relating to Strategic Investments by Enterprise Ireland

Enterprise Ireland

The Framework Agreement will be established on foot of a competition for an initial contract for a period of 2 years for the services set out below. This Contract will be awarded to the successful tenderer shortly after the formal establishment of the Framework Agreement.
The primary legal work associated with the initial contract is as follows:
(i) The completion of investments by the Contracting Authority;
(ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions;
(iii) Actions taken by the Contracting Authority as a shareholder including the provision of consent under existing shareholder agreements;
(iv) Sales of the Contracting Authority’s shares.

Deadline

The time limit for receipt of tenders was 2018-07-09. The procurement was published on 2018-06-08.

Suppliers

The following suppliers are mentioned in award decisions or other procurement documents:

• Beauchamps

Who?

• Enterprise Ireland

What?

• Legal advisory and representation services › Legal advisory services

Where?

• Eastern and Midland › Dublin

Procurement history

Date	Document
2018-06-08	Contract notice
2019-07-16	Contract award notice

Contract notice (2018-06-08)
Object
Scope of the procurement
Title: Legal services
Reference number: 2018/20
Short description:

The Framework Agreement will be established on foot of a competition for an initial contract for a period of 2 years for the services set out below. This Contract will be awarded to the successful tenderer shortly after the formal establishment of the Framework Agreement. The primary legal work associated with the initial contract is as follows: (i) The completion of investments by the Contracting Authority; (ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions; (iii) Actions taken by the Contracting Authority as a shareholder including the provision of consent under existing shareholder agreements; (iv) Sales of the Contracting Authority’s shares.

Notice metadata
Original language: English 🗣️
Document type: Contract notice
Nature of contract: Services
Regulation: European Union, with participation of GPA countries
Common procurement vocabulary (CPV)
Code: Legal services 📦
Additional CPV: Legal advisory services 📦
Place of performance
NUTS region: Dublin 🏙️

Procedure
Procedure type: Restricted 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: Enterprise Ireland
Postal address: The Plaza
Postal code: East Point Business
Postal town: Dublin 3
Contact
Internet address: http://www.enterprise-ireland.com 🌏
E-mail: enterprise-ireland@greenville.ie 📧
Phone: +353 14020114 📞
URL for documents: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=130315&B=ETENDERS_SIMPLE 🌏
URL for participation: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=130315&B=ETENDERS_SIMPLE 🌏

Reference
Dates
Date dispatched: 2018-06-08 📅
Submission deadline: 2018-07-09 📅
Publication date: 2018-06-12 📅
Identifiers
Notice number: 2018/S 110-250640
OJ-S issue: 110
Additional information

Please consult the associated documentation, which contains full instructions relating the tenders in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 135107

Object
Scope of the procurement
Short description:

The primary legal work associated with the initial contract is as follows:

(i) The completion of investments by the Contracting Authority;

(ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions;

(iii) Actions taken by the Contracting Authority as a shareholder including the provision of consent under existing shareholder agreements;

(iv) Sales of the Contracting Authority’s shares.

Estimated total value: 5 000 000 EUR 💰
Short description:

The Contracting Authority invites expressions of interest from competent suppliers for the provision of Legal services relating to Strategic investments by the Contracting Authority. This activity will be outsourced to dedicated personnel within the commercial department of a legal firm or firms, the primary legal work associated with the initial contract is as follows:

(i) The completion of investments by the Contracting Authority using predominantly the Contracting Authority’s template agreements (estimated range 100 to 200 investments per year);

(ii) The completion of investments by the Contracting Authority where it is co-investing with other financial institutions under non-standard agreements (estimated range 10 to 30 per year);

(iii) Actions taken by the Contracting Authority as a shareholder including the provision of Enterprise Ireland consent under existing shareholder agreements to new investment rounds etc., share conversions and re-structures of investee companies (estimated range 60 to 120 matters per year);

(iv) Sales of the Contracting Authority’s shares in a company where it is the only shareholder selling its shares or where it is selling as part of an asset sale or entire sale of the company (estimated range 10 to 30 sales per year);

Note: The volume amounts set out above are provided strictly for indicative purposes only and are no guarantee of work to be awarded under this Framework Agreement.

Estimated value excluding VAT: 5 000 000 EUR 💰
Duration: 72 months
Additional information:

Please consult the associated documentation, which contains full instructions relating the tenders in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 135107

Place of performance
Main site or place of performance: Dublin 3, D03 ER56.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity:

Please consult the associated documentation, which contains full instructions relating to tenders in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 135107

Procedure
Envisaged number of candidates: 5
Objective criteria for choosing the limited number of candidates:

Please consult the associated documentation, which contains full instructions regarding the objective criteria in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 135107.

Justification for the framework agreement:

The services covered by the framework agreement are legal services within the meaning of Annex XIV of Directive 2014/24/EU and therefore not subject to the detailed rules in relation to duration as applying to framework agreements.

Time of receipt of tenders: 12:00
Languages in which tenders or requests to participate may be submitted: English 🗣️
Tender validity period: 12 months

Contracting authority
Identity
National registration number: N/a
Contact
Contact point: Greenville on behalf of Enterprise Ireland
Address of the buyer profile: https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/434 🌏
Documents URL: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=130315&B=ETENDERS_SIMPLE 🌏

Reference
Additional information

ETenders RFT ID: 135107.

1) The services covered by the Framework Agreement are legal services within the meaning of Annex XIV of Directive 2014/24/EU. The Contracting Authority is subject only to the rules in Part 3 Chapter 1 of the European Union (Award of Public Authority Contracts) Regulations 2016 (SI 284/2016) in relation to this competition. The Contracting Authority is following a procedure analogous to the negotiated procedure in relation to this competition;

2) The estimated total value of purchases pursuant to the Framework Agreement is in the region of 2 500 000 EUR to 5 000 000 EUR (ex. VAT) over the lifetime of the Agreement.

It is emphasised, however, that this figure is provided strictly for indicative purposes only as there is no guaranteed expenditure under the Framework Agreement.

3) 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. The Contracting Authority will not accept responsibility for information relayed (or not relayed) via third parties.

4) The numbers invited to tender will be the top 5 qualifying candidates subject to that number qualifying.

5) This is the sole call for competition for this service.

6) The Contracting Authority will not be responsible for any costs, charges or expenses incurred by Applicants or tenderers.

7) Contract award will be subject to the approval of the competent authorities.

8) The Framework will be for 2 years with the option to extend by further periods of 2 years subject to a maximum of 6 years, subject to annual review, satisfactory performance, business needs and budgetary constraints.

For the avoidance of doubt, the Contracting Authority confirms that the period of any contracts awarded under the Framework Agreement may extend beyond the date of expiry of the agreement.

9) It will be a condition of award that candidates are tax compliant.

10) If for any reason, it is not possible to establish the Framework Agreement or award the initial contract to the designated successful tenderer emerging from this competitive process; the Contracting Authority reserves the right to establish the Framework with the next highest scoring tenderer on the basis of the terms advertised at any time during the tender validity period. 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.

11) At its absolute discretion, the Contracting Authority may elect to terminate this procurement process, the Framework Agreement or any contract awarded under the Framework Agreement at any time.

12) Please note in relation to all documents, that where reference is made to a particular standard, make, source, process, trademark, type or patent, that this is not to be regarded as a de facto requirement. In all such cases it should be understood that such indications are to be treated strictly and solely for reference purposes only, to which the words "or equivalent" will always be appended.

13) Without prejudice to the principle of equal treatment, the Contracting Authority is not obliged to engage in a clarification process in respect of questionnaires with missing or incomplete information. Therefore, candidates are advised to ensure that they return fully completed questionnaires in order to avoid the risk of elimination from the competition.

Complementary information
Review body
Name: High Court
Postal town: Dublin
Country: Ireland 🇮🇪
Source: OJS 2018/S 110-250640 (2018-06-08)

Contract award notice (2019-07-16)
Object
Scope of the procurement
Short description:

The Framework Agreement will be established on foot of a competition for an initial contract for a period of 2 years for the services set out below. This contract will be awarded to the successful tenderer shortly after the formal establishment of the Framework agreement. The primary legal work associated with the initial contract is as follows: (i) the completion of investments by the Contracting Authority; (ii) the completion of investments by the Contracting Authority where it is co-investing with other financial institutions; (iii) actions taken by the Contracting Authority as a shareholder including the provision of consent under existing shareholder agreements; (iv) sales of the Contracting Authority’s shares.

Total value of the procurement: 5 000 000 EUR 💰
Notice metadata
Document type: Contract award notice

Procedure
Type of bid: Not applicable

Contracting authority
Identity
Postal address: The Plaza, East Point Business

Reference
Dates
Date dispatched: 2019-07-16 📅
Publication date: 2019-07-18 📅
Identifiers
Notice number: 2019/S 137-337832
Refers to notice: 2018/S 110-250640
OJ-S issue: 137
Additional information

Please consult the associated documentation, which contains full instructions relating the tenders in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 135107.

Object
Scope of the procurement
Short description:

(i) the completion of investments by the Contracting Authority;

(ii) the completion of investments by the Contracting Authority where it is co-investing with other financial institutions;

(iii) actions taken by the Contracting Authority as a shareholder including the provision of consent under existing shareholder agreements;

(iv) sales of the Contracting Authority’s shares.

The Contracting Authority invites expressions of interest from competent suppliers for the provision of legal services relating to strategic investments by the Contracting Authority. This activity will be outsourced to dedicated personnel within the commercial department of a legal firm or firms, the primary legal work associated with the initial contract is as follows:

(i) the completion of investments by the Contracting Authority using predominantly the Contracting Authority’s template agreements (estimated range 100 to 200 investments per year);

(ii) the completion of investments by the Contracting Authority where it is co-investing with other financial institutions under non-standard agreements (estimated range 10 to 30 per year);

(iii) actions taken by the Contracting Authority as a shareholder including the provision of Enterprise Ireland consent under existing shareholder agreements to new investment rounds, etc., share conversions and re-structures of investee companies (estimated range 60 to 120 matters per year);

(iv) sales of the Contracting Authority’s shares in a company where it is the only shareholder selling its shares or where it is selling as part of an asset sale or entire sale of the company (estimated range 10 to 30 sales per year);

Additional information:

Please consult the associated documentation, which contains full instructions relating the tenders in respect of this competition. This can be found on www.etenders.gov.ie RFT ID 135107.

Procedure
Award criteria
Quality criterion (name): Methodology for the delivery of the service
Quality criterion (weighting): 30 %
Quality criterion (name): Technical merit and balance of human resources offered
Reliability and continuity of supply
Quality criterion (weighting): 5 %
Price (weighting): 35 %

Award of contract
Date of contract conclusion: 2018-12-04 📅
Name: Beauchamps
National registration number: IE4611112D
Postal address: Riverside Two, Sir John Rogerson's Quay
Postal town: Dublin
Postal code: Dublin
Country: Ireland 🇮🇪
Phone: +353 14180902 📞
E-mail: b.shaw@beauchamps.ie 📧
Internet address: http://www.beauchamps.ie 🌏
Total value of the procurement: 5 000 000 EUR 💰
Information about tenders
Number of tenders received: 5

Reference
Additional information

ETenders RFT ID: 135107

2) The estimated total value of purchases pursuant to the Framework Agreement is in the region of 2 500 000 EUR to 5 000 000 EUR (ex. VAT) over the lifetime of the agreement.

It is emphasised, however, that this figure is provided strictly for indicative purposes only as there is no guaranteed expenditure under the framework agreement;

3) 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. The Contracting Authority will not accept responsibility for information relayed (or not relayed) via third parties;

4) The numbers invited to tender will be the top five (5) qualifying candidates subject to that number qualifying;

5) This is the sole call for competition for this service;

6) The Contracting Authority will not be responsible for any costs, charges or expenses incurred by Applicants or tenderers;

7) Contract award will be subject to the approval of the competent authorities;

8) The framework will be for two (2) years with the option to extend by further periods of two (2) years subject to a maximum of six (6) years, subject to annual review, satisfactory performance, business needs and budgetary constraints.

For the avoidance of doubt, the Contracting Authority confirms that the period of any contracts awarded under the Framework Agreement may extend beyond the date of expiry of the agreement;

9) It will be a condition of award that candidates are tax compliant;

10) If for any reason, it is not possible to establish the Framework Agreement or award the initial contract to the designated successful tenderer emerging from this competitive process; the Contracting Authority reserves the right to establish the framework with the next highest scoring tenderer on the basis of the terms advertised at any time during the tender validity period. 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.

11) At its absolute discretion, the Contracting Authority may elect to terminate this procurement process, the Framework Agreement or any contract awarded under the Framework Agreement at any time;

Complementary information
Review body
Postal address: Four Courts, Inns Quay
Postal code: 7
Source: OJS 2019/S 137-337832 (2019-07-16)

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